The European Commission is planning to tighten controls on imported recycled plastic used in food contact materials (FCMs) and require manufacturers to provide more comprehensive compliance documents.
EU regulation 2022/16161 outlines the rules for the use of recycled plastics in FCMS, including:
- approval of recycling technologies;
- registration of recycling facilities; and
- provisions for placing recycled plastic on the market for use in FCMs.
The EU executive said the "experience gained" since the regulation came into force shows that businesses need more clarity on the rules governing the registration of recycling installations and compliance documentation.
The Commission’s proposal – submitted to the WTO on 15 April – is to add a new section to the regulation clarifying when operators should provide compliance documentation, to improve traceability of plastics along the supply chain.
Imports
Last December, the Commission said the recycled plastics industry is under pressure from cheaper imports and that stricter compliance documentation is needed for recycled plastics entering the EU.
It proposes requiring importers to present commodity codes for certain recycled plastics to customs authorities, to "prevent non-compliant plastic materials" being released into the EU market and "maintain traceability of the origin of the imported materials".
"This amendment will provide legal certainty to recyclers and producers of food contact materials and create a level playing field for domestically produced and imported materials," the Commission said in December.
Electronic registration
The amendment would also create a new electronic single registration system for recycling facilities, which both competent authorities and operators can use.
Currently, the regulation requires recyclers to notify both the Commission and the competent authority at least 30 days before the start of production of recycled plastics. The changes would remove the need for the operator to report to both bodies.
The EU executive also proposes removing the requirement to include batch numbers for certain compliance declarations. Currently, batch numbers must be provided to operators using recycled plastic at the final production stage. However, the Commission said including them is complex and "not needed after the point in the manufacturing chain where the composition of the plastic is not further modified".
Instead, it proposes allowing operators using post-processed recycled plastic at the final production stage to issue simplified declarations without batch numbers.
If approved, the amendments would come into force 20 days after publication in the EU Official Journal.
PACKAGING PLUS: This article is part of a new, weekly news service from the Chemical Watch News & Insight team covering packaging regulations around the world. Click here for more details about this new content.