In the News

EC Adopts Regulation on Recycled Plastics

Apr 3, 2008

The European Commission (EC) published on March 27, 2008 its long-awaited regulation on recycled plastic materials and articles intended to come into contact with foods, (EC) No 282/2008. The regulation outlines how to obtain authorization for plastic recycling processes and amends Regulation (EC) No 2023/2006 on good manufacturing practice (GMP) for materials and articles intended to come into contact with food.

Key points in the plastics recycling regulation are:

• Recycled plastic materials and articles, including multi-layer materials where the plastic recyclate is not in contact with food, are permissible in the European Union (EU) only if they are made using plastic recyclate from a properly authorized recycling process.
• The final plastic material and article must comply with the rules of 2002/72/EC except for the specific requirements outlined in the Regulation.
• Recycled plastic materials and articles behind a functional barrier have to comply with the rules on functional barriers in 2002/72/EC. They are not part of the authorization scheme.
• Applications for a particular recycling process must first be submitted to a Member State authority, who will forward it to the European Food Safety Authority (EFSA). If EFSA gives a favorable review, the EC will authorize the process, and the applicant will become the authorization holder.
• Member States are required to control recycling processes in their territory and are required to conduct audits.
• If changes in the process occur or new scientific evidence becomes available the authorization has to be revisited.
• The Regulation amends the Annex of Regulation 2023/2006 on GMP with the requirements for the quality assurance system for plastic recycling.

For background information on the regulation, please see, "European Commission Drafts Proposal on Recycled Plastic Materials Intended for Contact With Food," on PackagingLaw.com. 

Changes in the final draft of the proposal included brief clarifications on why harmonized rules on labeling are necessary, why recycled plastics behind a functional barrier should not be covered by the regulation, and why individual authorization of recycling processes are required. The final version of the regulation also states that audits are the most efficient way to control recycled plastics.