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Document 02022R1616-20220920
Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008 (Text with EEA relevance)Text with EEA relevance
Consolidated text: Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008 (Text with EEA relevance)Text with EEA relevance
Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008 (Text with EEA relevance)Text with EEA relevance
02022R1616 — EN — 20.09.2022 — 000.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
COMMISSION REGULATION (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008 (OJ L 243 20.9.2022, p. 3) |
Corrected by:
COMMISSION REGULATION (EU) 2022/1616
of 15 September 2022
on recycled plastic materials and articles intended to come into contact with foods, and repealing Regulation (EC) No 282/2008
(Text with EEA relevance)
CHAPTER I
SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1
Subject matter and scope
This Regulation lays down rules for:
the placing on the market of plastic materials and articles falling within the scope of Article 1(2) of Regulation (EC) No 1935/2004, containing plastic originating from waste or manufactured therefrom;
the development and operation of recycling technologies, processes and installations, to produce recycled plastic for use in those plastic materials and articles;
the use in contact with food of recycled plastic materials and articles and of plastic materials and articles which are intended to be recycled.
Article 2
Definitions
For the purposes of this Regulation, the following definitions also apply:
‘waste’, ‘municipal waste’, ‘waste management’, ‘collection’, ‘re-use’, ‘recycling’, and ‘non-hazardous waste’, as laid down in Article 3 of Directive 2008/98/EC of the European Parliament and of the Council ( 1 );
‘food business’ and ‘food business operator’, as laid down in Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council ( 2 );
‘competent authorities’, and ‘audit’, as laid down in Article 3 of Regulation (EU) 2017/625.
The following definitions shall also apply for the purpose of this Regulation:
‘recycling technology’ means a specific combination of physical or chemical concepts, principles, and practices to recycle a waste stream of a certain type and collected in a certain way into recycled plastic materials and articles of a specific type and with a specific intended use, and includes a decontamination technology;
‘decontamination technology’ means a specific combination of physical or chemical concepts, principles, and practices part of a recycling technology which have as primary purpose to remove contamination or to purify;
‘recycling process’ means a sequence of unit operations that is intended to manufacture recycled plastic materials and articles through pre-processing, a decontamination process, and post-processing, and which is based on a specific recycling technology;
‘recycled plastic’ means plastic resulting from the decontamination process of a recycling process and plastic resulting from subsequent post-processing operations and that is not yet transformed into recycled plastic materials and articles;
‘recycled plastic materials and articles’ means food contact materials and articles in their finished state, and that are made either fully or partly of recycled plastic;
‘recycled content’ refers to the amount of recycled plastic directly resulting from the decontamination process of a recycling process contained either in further post-processed recycled plastic or recycled plastic materials and articles manufactured therefrom.
‘pre-processing’ means all waste management operations carried out to sort, shred, wash, mix or otherwise treat plastic waste in order to make it suitable for the decontamination process;
‘plastic input’ means the plastic materials resulting from pre-processing which are entered into a decontamination process;
‘decontamination process’ means a specific sequence of unit operations which together have as primary purpose to remove contamination from plastic input in order to make it suitable for contact with food, using a specific decontamination technology;
‘incidental contamination’ means contamination present in plastic input originating from food, from plastic materials and articles intended and used for contact with food, from their use or misuse for non-food purposes, and from the unintentional presence of other substances, materials and articles due to waste management;
‘post-processing’ means all unit operations subsequent to the decontamination process by which its output is further polymerised, otherwise treated, and/or converted, resulting in recycled plastic materials and articles in their finished state;
‘recycling installation’ means the equipment operating at least a part of a recycling process;
‘decontamination installation’ means specific equipment operating a decontamination process;
‘recycling facility’ means a location where at least one decontamination installation is located;
‘recycling scheme’ means an arrangement between legal entities to manage the use, separate collection and recycling of plastic materials and articles with the objective to limit or prevent their contamination in order to facilitate their recycling;
‘recycler’ means any natural or legal person who applies a decontamination process;
‘converter’ means any natural or legal person that carries out one or more post-processing unit operations;
‘unit operation’ means a basic operation that is part of a process, and applies a single transformation to its input, or more transformations if they occur in conjunction;
‘manufacturing stage’ means one or more sequential unit operations and which are followed by a quality assessment of the material resulting from that stage;
‘batch’ means a quantity of material of the same quality, and produced using uniform production parameters at a certain manufacturing stage, stored and contained to exclude mixing with other materials, or contamination, and designated as such by a single production number.
Article 3
Suitable recycling technologies
Recycling technologies shall be distinguished based on the following properties:
the type, mode of collection and origin of the input material;
the specific combination of physical and chemical concepts, principles and practices used to decontaminate that input material;
the type and the intended use of the recycled plastic materials and articles;
the need or absence thereof for the evaluation and authorisation of recycling processes applying that technology, and the criteria therefore.
CHAPTER II
PLACING ON THE MARKET OF RECYCLED PLASTIC AND RECYCLED PLASTIC MATERIALS AND ARTICLES
Article 4
Requirements for recycled plastic materials and articles
The recycled plastic materials and articles are manufactured using one of the following:
a suitable recycling technology listed in Annex I; or,
a novel technology as referred to in Article 3(6) and developed in accordance with Chapter IV.
Where the recycled plastic materials and articles are manufactured using a suitable recycling technology, the following requirements are met:
where relevant, the recycling process used to manufacture the recycled plastic materials and articles has been granted an authorisation.
the recycling and use of recycled plastic to manufacture the recycled plastic materials and articles complies with the general requirements laid down in Articles 6, 7 and 8, as supplemented by the specifications and requirements for the technology set out in column 8 of Table 1 of Annex I and those laid down in the authorisation, and subject to the specific derogations specified in column 9 of Table 1 of Annex I, and in the authorisation.
by derogation to point (b), where the suitable recycling technology is to be implemented through a recycling scheme, the recycling and use of the recycled plastic materials and articles comply with the general requirements laid down in Article 9, and, where relevant, with the specific rules for the technology set out in Annex I.
The Union register established in Article 24 includes the following information regarding the manufacture of the recycled plastic:
the decontamination installation where the recycled plastic was manufactured, the address of the recycling facility, and the identity of the recycler operating it;
the applied authorised recycling process, if the applied suitable recycling technology requires the authorisation of recycling processes;
the name of the recycling scheme used, the identity of the entity managing it, and the applied markings, if the applied recycling technology requires the use of a recycling scheme;
the name of the novel technology, if the manufacture of the recycled plastic uses a novel recycling technology.
Article 5
Requirements for documentation, instructions and labelling
Containers of recycled plastic delivered to converters shall be labelled. The label shall show the symbol defined in Annex II to Regulation (EC) No 1935/2004, followed by:
the symbol and the registry number of the decontamination installation where the recycled plastic was manufactured in accordance with Article 24,
the symbol followed by the batch number,
the percentage by weight of the recycled content,
the maximum percentage by weight of the recycled content that final recycled plastic materials and articles containing the recycled plastic may contain, if this is less than 100 %, and,
when the declaration referred to in paragraph 2 provides additional instructions, the symbol defined in ISO 7000 with reference number 1641.
The minimum font size on the labels shall be at least 17 points (6 mm) on containers of which the largest dimension is smaller than 75 centimetres, 23 points on containers of which the largest dimension is in between 75 centimetres and 125 centimetres, and 30 points on containers where the largest dimension exceeds 125 centimetres.
CHAPTER III
GENERAL REQUIREMENTS FOR PLASTIC RECYCLING AND THE USE OF RECYCLED PLASTIC
Article 6
Requirements for collection and pre-processing
Waste management operators that participate in the supply chain of plastic input shall ensure that the collected plastic waste meets the following requirements:
the plastic waste originates only from municipal waste, or from food retail or other food businesses if it was only intended and used for contact with food, including waste discarded from a recycling scheme in accordance with Article 9(6);
the plastic waste originates only from plastic materials and articles manufactured in accordance with Regulation (EU) No 10/2011 or recycled plastic materials and articles manufactured in accordance with this Regulation;
the plastic waste is subject to separate collection;
the presence of plastic materials and articles that are different from the plastic for which the decontamination process is intended, including caps, labels and adhesives, other materials and substances, and remaining food is reduced to a level specified in the requirements for the plastic input provided by the recycler and which shall not compromise the achieved level of decontamination.
For the purposes of paragraph 1, point (c), the plastic waste shall be considered as collected separately when one of the following conditions is fulfilled:
it consists only of plastic materials and articles meeting the requirements of paragraph 1, points (a) and (b), and which have been collected separately for recycling from any other waste;
it is collected together with other packaging waste fractions of municipal waste or with other non-packaging plastic, metal, paper or glass fractions of municipal waste collected separately from residual waste for recycling, and the following requirements are met:
the collection system collects only non-hazardous waste;
the collection of waste and the subsequent sorting are designed and carried out to minimise contamination of collected plastic waste from any plastic waste not meeting the requirements of paragraph 1, points (a) and (b), or other waste;
The plastic waste shall be controlled throughout collection and pre-processing by means of quality assurance systems. The quality assurance systems shall:
ensure the conditions and requirements set out in paragraph 1 and 2 are met;
ensure traceability of each batch up to the point of the first sorting of collected plastic waste; and,
be certified by an independent third party.
Articles 4, 5, 6 and 7 of Commission Regulation (EC) No 2023/2006 as well as point B of the Annex to that Regulation shall apply mutatis mutandis as regards good manufacturing practice, quality control and assurance systems and the relevant documentation.
Article 7
Requirements for decontamination
The decontamination installation shall meet the following requirements:
it is located at a single recycling facility, which is organised so as to ensure that no new contamination of recycled plastic or recycled plastic materials and articles can occur;
its configuration and operation corresponds to that of the recycling process it applies;
it is operated as described in the compliance monitoring summary sheet established in accordance with Article 26.
Article 8
Post-processing and use of recycled plastic materials and articles
Converters shall comply with the following requirements:
post-process recycled plastic in accordance with the instructions provided by the recycler or the supplying converter in accordance with Article 5(3);
where relevant, provide to subsequent converters instructions in accordance with Article 5, paragraphs (3), (4) and (5); and,
where relevant, provide instructions to the users of the recycled plastic materials and articles in accordance with Article 5(6).
They shall communicate relevant instructions to consumers of food packed in such materials and articles, and/or to other food business operators, where relevant.
Article 9
Requirements for the operation of recycling schemes
At least 15 working days prior to the start of the operation of a recycling scheme the manager of the recycling scheme shall inform the competent authority in the territory where it is established and the Commission for the purpose of its registration in the Union register established in accordance with Article 24.
The manager shall provide its name, address, contact persons, the name of the scheme, a summary of the scheme not exceeding 300 words, the marking referred to in paragraph 5, a list of Member States where business operators participating in the schemes are located, and references to any decontamination installations used by the scheme. Thereafter, the manager shall ensure this information is kept up to date.
A waste collection system shall be part of a recycling scheme and shall be dedicated to the scheme so as to ensure that only materials and articles that were used subject to the scheme are collected.
Any food business operator using materials and articles bearing a marking provided for in paragraph 5 shall ensure that those materials and articles meet the following requirements:
they are labelled, used and cleaned in accordance with instructions obtained from the manager of the recycling scheme;
they are used only for the purpose of distribution, storage, display and sale of the foods which they are intended for;
they are not contaminated with materials or substances other than those permitted by the recycling scheme.
Where any of these requirements is not fulfilled, the materials or articles shall be excluded from the recycling scheme and be discarded.
Business operators and other organisations that participate in a recycling scheme:
shall operate a quality assurance system in accordance with Regulation (EU) No 2023/2006, designed to ensure compliance with the requirements of the scheme; or,
alternatively, small food business operators, may implement the requirements of the scheme as part of their permanent procedures based on the ‘hazard analysis and critical control points’ (HACCP) principles, as referred to in Article 5 of Regulation (EC) No 852/2004 of the European Parliament and of the Council ( 3 ), applying these procedures mutatis mutandis to contamination hazards of the plastic.
CHAPTER IV
DEVELOPMENT AND LISTING OF RECYCLING TECHNOLOGIES
Article 10
Requirements for the development of a novel technology
Where business operators or other organisations collaborate on the development of a novel technology, a single legal entity shall represent these operators or organisations, and act as the developer of the novel technology.
For the purpose of the registration of the novel technology in the Union register established in Article 24, the developer shall include in this notification its name, address, contact persons, the name of the novel technology, a summary of the novel technology not exceeding 300 words, an Uniform Resource Locator (‘URL’) locating the reports to be published in accordance with paragraph 4 and Article 13(4), and the names and addresses or numbers of any recycling facilities at which the development of the technology is foreseen to take place.
The notification by the developer shall also provide detailed information concerning the following:
a characterisation of the novel technology based on the properties of recycling technologies set out in Article 3(2);
an explanation of any deviations from the requirements set out in Articles 6, 7 and 8, or whether the novel technology applies a recycling scheme;
extensive reasoning, and scientific evidence and studies, compiled by the developer, demonstrating that the novel technology can manufacture recycled plastic materials and articles that comply with Article 3 of Regulation (EC) No 1935/2004 ensuring also their microbiological safety, including a characterisation of contaminant levels in the plastic input and in the recycled plastic, a determination of the decontamination efficiency, and of the transfer of these contaminants from the recycled plastic materials and articles to the food, and reasoning on why the applied concepts, principles, and practices are sufficient for meeting those requirements;
a description of one or more typical recycling processes using the technology, including a block diagram of the main manufacturing stages, and, if relevant, an explanation of the used recycling scheme and of the rules governing its functioning;
an explanation based on point (a) describing why the technology is to be considered different from existing technologies and is to be considered novel;
a summary proposing evaluation criteria to the Authority for its potential future evaluation of recycling processes that apply the novel technology on which the installation is based as required in Article 20(2);
an estimate of the expected number of decontamination installations that will be operated to develop the novel technology, and the foreseen addresses of the recycling facilities where they will be located.
For the purposes of point (c), the data used to determine the decontamination efficiency shall be obtained either by the operation of a pilot installation, or originate from commercial production of recycled plastics not intended for contact with food. Where needed to fully establish the safety of the plastic materials and articles, the data shall be complemented by tests designed to assess the concepts, principles, and practices specific to the technology. Where the plastic input may contain plastics not produced in compliance with Regulation (EU) No 10/2011, the evidence required shall demonstrate that the technology removes substances that were used in the manufacture of those plastics to the extent necessary to ensure the requirement in Article 4(2) is met.
The information referred to in the first and second subparagraph shall be available to the Member States, and to the Authority. The developer shall also provide it to all recyclers using the novel technology. It shall be updated without delay on the basis of new information forthcoming from development activities. The information shall be considered of commercial relevance to the developer, and shall not be made public prior to a request of the Commission to the Authority to assess the recycling technology in accordance with Article 14.
In case the competent authority considers these requirements are not met, it shall notify its concerns to the developer, and it may instruct the developer to delay the start of the operation of the first decontamination installation in accordance with paragraph 2 until the developer addressed those concerns.
The developer shall inform the competent authority of the way it addressed the concerns or clarify why it considers that no action is necessary.
In case the competent authority has serious concerns over the safety of the recycled plastic materials and articles, the competent authority shall notify the Commission.
Article 11
Conditions on the operation of recycling installations applying novel technologies
Article 12
Supplementary information requirements on recycling installations using novel technology
A recycler shall keep available at the decontamination installation the following supplementary information:
a summary of the novel technology not exceeding 250 words;
a summary describing the complete recycling installation and the process it applies, not exceeding 1 500 words. This summary shall demonstrate the safety of the recycled plastic manufactured with the installation, and shall be based on the information provided by the developer in accordance with Article 10(3), as well as the evaluation criteria referred to in point (f) of Article 10(3);
a detailed block diagram showing the sequence of the main manufacturing stages of the recycling installation, including all individual unit operations operated at the recycling facility;
a piping and instrumentation diagram of the decontamination process in accordance with section 4.4 of ISO 10628-1:2014, showing only the instrumentation relevant for decontamination; .
For the purpose of paragraph 1, point (b), the supporting documentation shall include at least the following elements:
information on the level of incidental contamination present in the plastic input, and information on other kinds of contamination and the levels thereof, in particular where on the basis of Article 11(3) the plastic input does not meet one or more of the requirements set out in Article 6;
information on the amount or percentage of the contamination that the decontamination process can remove (‘the decontamination efficiency’);
information on estimated residual contamination present in the output of the decontamination process taking the decontamination efficiency into account, including that of potentially remaining genotoxic and endocrine disrupting substances and substances referred to in Article 13(4)(a) of Regulation (EU) No 10/2011, even if their occurrence is below the limit of their detection of the applied analytical techniques;
information on the fate of contaminants removed in the decontamination process;
information on the migration to food of the residual contamination present in the recycled plastic material or article, post-processed in accordance with the requirements of the recycling process, and taking into account the conditions of use defined for the concerned materials and articles;
an overall reasoning, discussion and conclusion on the safety of the recycled plastic materials and articles based on the information set out in points (a) to (e).
The information referred to in this paragraph shall be kept up to date and be based on the latest information relevant to these elements, including information provided by the suppliers of the plastic input and the users of the recycled plastic, and information forthcoming from the monitoring in accordance with Article 13 and the dialogue referred to in Article 10(7).
Article 13
Monitoring and reporting of contamination levels
The sampling shall initially include all input batches and corresponding output batches, but the sampling frequency may be reduced once stable averages are obtained. The sampling frequency shall in any case be maintained at a suitable level to detect trends and/or other changes in the contamination levels of the input batches, and to identify whether the presence of contaminants is reoccurring.
Where determining the sampling frequency based on plastic input batches is impractical due to the particularities of the recycling process, the frequency shall be determined on the basis of batches used at the closest pre-processing operation for which such determination is practical.
Residual contaminant levels in the output shall be determined before any dilution of the output material by addition of other material. Where contaminant levels in the output are below the level of quantification of the applied analytical methods for monitoring, the monitoring of the output may be replaced with one or more studies that determine the residual contaminant level in a limited number of output batches with analytical methods with a limit of quantification sufficiently low for determining the real decontamination efficiency obtained in the decontamination installation. In case residual contamination in the output is so low that quantification thereof is not possible, the level of detection of those methods shall be sufficiently low to support reasoning on whether the decontamination efficiency is sufficient to ensure that recycled plastic materials and articles comply with Article 3 of Regulation (EC) No 1935/2004.
The report shall contain at least:
a brief description of the novel technology on the basis of the information referred to in Article 10(3), including the information required under points (a), (b), (d) and (f) thereof;
a summary of the reasoning on the capability of the novel technology and the recycling process(es) to manufacture recycled plastic materials and articles that comply with Article 3 of Regulation (EC) No 1935/2004 and that are microbiologically safe on the basis of the information included in points (a) to (f) of Article 10(3), and taking into account the information received in accordance with paragraph 3;
a list of all substances with a molecular weight below 1 000 Dalton found in the plastic inputs to each of the decontamination installations and in the recycled plastic output thereof, sorted in descending order by their relative occurrence and of which at least the first 20 detected incidental contaminants in the input have been identified, and their amounts specified as weight fraction of the input and output;
a list of contaminating materials regularly present in the plastic input, including polymer types that differ from that in the intended plastic input, plastics not intended for contact with food, and other materials that are found in the inputs and outputs referred to in point (c), and their amounts specified as weight fraction of the input and output;
an analysis of the most likely origin of the identified contaminants referred to in points (c) and (d), and of whether those origins could give rise to the simultaneous presence of other substances of concern that are either undetected or unidentified with the applied analytical techniques;
a measurement or estimation of the migration levels to food of contaminants present in the recycled plastic materials and articles;
a detailed description of the applied sampling strategy;
a detailed description of the analytical procedures and methods used, including sampling procedures and limits of detection and quantification, as well as validation data and reasoning on their suitability;
an analysis and explanation of any discrepancies observed between contaminant levels expected in the input plastic and in the output of the installation and its decontamination efficiency based on the reasoning provided under point (b) and the actual results under point (c).
a discussion of the differences with previous reports published in accordance with this paragraph, if any.
Article 14
Assessment of novel technologies
In case the developer requests the assessment of the novel technology, the Commission may delay the request to the Authority by up to 2 years in case it considers that the available knowledge on the novel technology is still insufficient, or when other operators are developing the same or similar novel technologies.
The suitability assessment shall include the efficiency of the employed chemical and/or physical principles to decontaminate a specified plastic input so that the plastic materials and articles manufactured from recycled plastic obtained from the novel technology comply with Article 3 of Regulation (EC) No 1935/2004. It shall also include the microbiological safety.
Within 1 year after receiving the request for assessing the novel technology, the Authority shall publish an opinion concerning the outcome of its assessment. That opinion shall contain:
a characterisation of the recycling technology based on the properties defined in Article 3(2);
a discussion and conclusion on its assessment of the capacity of the novel technology to recycle plastic waste in accordance with paragraph 3, including specific observations or concerns the Authority has on the technology, and on processes and installations using it, and a definition and justification of any restrictions and specifications deemed necessary;
a conclusion on whether individual recycling processes applying that recycling technology require further individual evaluation in accordance with Articles 17 to 20;
if the Authority concludes that individual evaluation of the recycling processes is necessary, specific guidance as referred to in Article 20(2);
in case that the Authority concludes that individual evaluation of the recycling processes is not necessary, information equivalent to the information required in Article 18(4), points (c) to (g).
For the purpose of assessing technologies, the Authority shall provide confidential treatment to supplementary information it requests on aspects specific to individual recycling processes and installations used by a recycler. Information referred to in Article 12(1)(b) and (e), and Article 12(3) shall not be treated as confidential.
Information considered confidential in accordance with this paragraph shall not be shared with or between other developers, recyclers, or third parties without the consent of the owner of that information.
Article 15
Decision on the suitability of a novel technology
Where the Commission considers a novel technology is a suitable recycling technology, it shall set out, as necessary, the specific requirements applicable to that technology and decide whether recycling processes applying it shall be subject to authorisation and whether it shall include the use of a recycling scheme.
Article 16
Safeguard clause concerning the placing on the market of recycled plastic materials and articles manufactured with a novel or suitable recycling technology
On basis of the outcome of its analysis, the Commission may:
lay down restrictions and specifications regarding the technology, as necessary;
consider the recycling technology as unsuitable.
CHAPTER V
PROCEDURE FOR THE AUTHORISATION OF INDIVIDUAL RECYCLING PROCESSES
Article 17
Application for the authorisation of individual recycling processes
The applicant shall submit the application to the competent authority of a Member State accompanied by the following:
the name and address of the applicant;
a technical dossier containing the information specified in paragraph 5;
a summary of the technical dossier.
The competent authority referred to in paragraph (2) shall:
acknowledge receipt of the application in writing to the applicant within 14 days of its receipt, stating the date of the receipt ;
inform the Authority without delay;
make the application and any supplementary information supplied by the applicant available to the Authority.
The Authority shall without delay:
inform the Commission and the other Member States of the application and make the application and any supplementary information supplied by the applicant available to them;
make public the application, relevant supporting information and any supplementary information supplied by the applicant, in accordance with Articles 19 and 20 of Regulation (EC) No 1935/2004, unless otherwise provided for in paragraph 6 of this Article.
The technical dossier shall contain the following information:
any information required in the detailed guidance published by the Authority in accordance with Article 20(2);
a description of the pre-processing carried out to produce plastic input suitable for being entered into the decontamination process and of the specific quality control procedures applied during collection and pre-processing, including a detailed specification of the pre-processed plastic input;
a description of any required post-processing of the recycled plastic and of the intended use of the resulting plastic materials and articles and of uses for which it would not be suitable, including relevant instructions and labelling to be provided to convertors and to end-users of the recycled plastic materials and articles;
a simple block diagram of all unit operations used in the decontamination process, that provides a reference to the input, output and quality control procedures applied by each operation;
a piping and instrumentation diagram of the decontamination process in accordance with section 4.4 of ISO 10628-1:2014, showing only the instrumentation relevant for decontamination;
a description of the quality control procedures applied at each unit operation of the decontamination process, including:
the values of monitored parameters such as operating temperatures, pressures, flowrates and concentrations, and acceptable ranges thereof;
laboratory analysis and its frequency; if any,
correction and record keeping procedures; and
any other information the applicant deems relevant to fully describe its quality control procedures.
Article 18
Opinion of the Authority
The Authority may extend the time limit provided for in the first subparagraph by a maximum period of a further 6 months. In such a case, it shall provide an explanation for the extension to the applicant, the Commission and the Member States.
The Authority shall:
verify that the information and documents submitted by the applicant are in accordance with Article 17(5), in which case the application shall be regarded as valid;
inform the applicant, the Commission and the Member States if the application is not valid.
The opinion of the Authority shall include the following information:
the identification and address of the applicant;
the number assigned in table 1 of Annex I of the suitable recycling technology the process uses;
a short description of the recycling process including a short description of the required pre-processing and post-processing stages, a characterisation of the plastic input, and conditions and limitations of use of the output;
a process flow diagram of the decontamination process that discerns the order of the distinct unit operations that the Authority has evaluated together with a description of each of these operations and how any parameters critical to their operation are controlled;
a scientific evaluation of the decontamination efficiency in accordance with the guidance set out in Article 20(2);
a discussion and conclusion on whether the recycling process can manufacture recycled plastic materials and articles that comply with Article 3 of Regulation (EC) No 1935/2004 and are microbiologically safe, including a reasoning justifying restrictions and specifications that should in the opinion of the Authority apply to the plastic input, the configuration and operation of the decontamination process and the use of the recycled plastic and recycled plastic materials and articles;
where appropriate, any recommendations concerning monitoring of the compliance of the recycling process with the conditions of the authorisation.
Article 19
Authorisation of an individual recycling process
The Commission shall prepare a draft decision to be addressed to the applicant granting or refusing the authorisation of the recycling process. Article 23(1) of Regulation (EC) No 1935/2004 and Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council ( 4 ) shall apply.
Where the draft decision is not in accordance with the opinion of the Authority, the Commission shall explain the reasons for its decision.
A decision granting the authorisation shall include the following:
a recycling process authorisation number (‘RAN’);
the name of the recycling process;
the recycling technology, as listed in Annex I, for which the process is authorised;
the name and address of the authorisation holder;
a reference to the opinion of the Authority on which the decision is based;
any specific requirements for the operation of the decontamination process, pre-processing and post-processing complementing or derogating from the general requirements set out in Articles 6, 7 and 8, or Article 9;
any specific requirements concerning monitoring and verification of the compliance of the recycling process with the conditions of the authorisation;
any conditions, specifications, and specific labelling requirements concerning the use of recycled plastic originating from the process.
Article 20
Guidance published by the Authority
Article 21
General obligations arising from the authorisation of a recycling process
Article 22
Request for the modification of an authorisation by the authorisation holder
The application referred to in paragraph 1 shall be accompanied by the following:
the reference to the original application;
a technical dossier containing the information required in Article 17(5), including the information of the technical dossier already submitted during the original application in accordance with Article 17(5) and Article 18(2), updated with the modifications. All modifications (deletions and additions) shall be clearly marked and visible in the technical dossier;
a new complete summary of the technical dossier in a standardised form;
at least one complete compliance monitoring summary sheet related to a decontamination installation operating the authorised process as submitted to a competent authority in accordance with Article 26, and an updated version which includes all changes, if any, expected to be forthcoming from the requested change.
Article 23
Modification, suspension and revocation of the authorisation of a recycling process on the initiative of the competent authorities, the Authority or the Commission
CHAPTER VI
REGISTRATION OF INFORMATION NECESSARY FOR CONTROLS
Article 24
Union register of technologies, recyclers, recycling processes, recycling schemes, and decontamination installations
The Register shall contain:
the names of novel technologies and the names and addresses of the developers, and the URL referred to in Article 10(2);
the names of authorised recycling processes and the names and addresses of the authorisation holders, and on which technology each process is based;
the authorisation status of each registered recycling process, including whether its authorisation is suspended, revoked, or subject to transitional provisions, and the latest date of change of the authorisation status;
the company name and the address of the head office of recyclers operating a decontamination installation;
the addresses of recycling facilities;
decontamination installations, the technology they use, the facility at which they are located, and the authorised process they apply, if any;
the registration status of decontamination installations, including whether the status is newly registered, being established, active or suspended, and the latest date of change of that status;
names of recycling schemes, and names and addresses of the entity managing the scheme;
the markings required in accordance with Article 9(5);
where relevant, the information required in accordance with Article 19(2);
cross-references between technologies, processes, schemes, recyclers, and installations and schemes;
The Register shall maintain the above information in tables. It shall assign the following entities with unique numbers, as follows:
Article 25
Registration of recyclers and decontamination installations
Recyclers shall comply with the following administrative requirements:
at least 30 working days prior to the start date of the production of recycled plastic in a decontamination installation, the recycler shall notify the installation and either the address of the facility where it is located or the facility number to the Commission and to the competent authority in the territory where the installation is located, as well as its own registration number if the recycler is already registered, the recycling authorisation number if it applies an authorised process, and the number of the suitable or novel technology, as applicable;
upon notification of its first decontamination installation in accordance with point (a), the recycler shall notify its company name, contact persons, and the address of its head office to the Commission and to the competent authority in the territory where the head office is located;
the recycler shall have a completed compliance monitoring summary sheet in accordance with Annex II available at the recycling installation and have submitted it to the competent authority in accordance with Article 26;
Article 26
Compliance monitoring summary sheet and verification of the operation of a decontamination installation
The compliance monitoring summary sheet shall provide a summary clearly describing the recycling installation, its operation, the relevant procedures and documents in a way demonstrating compliance with this Regulation.
Recyclers shall take into account the applicable guidelines published by the Commission concerning the compliance monitoring summary sheet, as well as the particular situation at the concerned recycling facility where the installation is located.
When compliance cannot be established, the competent authority shall request the recycler to update the information in the compliance monitoring summary sheet, the operation of the recycling installation, or both, as appropriate.
When compliance is established, the competent authority shall inform the Commission thereof. The status of the registration in accordance with Article 24(2), point (g), shall change to ‘active’.
If the status of a decontamination installation is ‘suspended’ for 1 year, the entry concerning the installation shall be removed from the Register.
CHAPTER VII
OFFICIAL CONTROLS
Article 27
Official controls of recycling installations
Official controls of recycling installations and recyclers shall include in particular audits in accordance with Article 14, point (i), of Regulation (EU) 2017/625.
These audits shall be complemented by:
an assessment of procedures on good manufacturing practices in accordance with Article 14, point (d), of Regulation (EU) 2017/625;
an examination in accordance with Article 14, points (a) and (e), of Regulation (EU) 2017/625, of the compliance monitoring summary sheet established in accordance with Article 26, and, on the basis of that summary sheet, of the controls that operators have put in place and of documents and records referred to in that summary sheet.
Article 28
Non-compliance of recycled plastic
A competent authority shall establish that a batch of recycled plastic is non-compliant if it finds during official controls that:
a recycler has placed it on the market without appropriate documentation or labelling;
a recycler cannot demonstrate on the basis of its records and other documentation that it was manufactured in accordance with this Regulation;
the batch was manufactured at a recycling installation that was not operated in accordance with this Regulation during a period established in accordance with paragraph 3.
The operation of a recycling installation shall be considered not in accordance with this Regulation when the competent authority establishes that:
at least two batches are non-compliant on the basis of paragraph 1, point (b), due to deficiencies in the operation of the recycling installation, and that these deficiencies due to their nature are likely to affect other batches,
the manufacturing of recycled plastic at the recycling installation is not in accordance with the general requirements laid down in this Regulation and, where relevant, the specific requirements applicable to the suitable recycling technology applied and the recycling process used, or with the requirements applicable to the novel technology applied, or,
where relevant, it could not verify the compliance monitoring summary sheet in accordance with Article 24(3) within 1 year from the start date of the production of recycled plastic in the decontamination installation.
When the competent authority establishes that the operation of a recycling installation is not in accordance with this Regulation, the competent authority shall establish the period during which it was the case, taking account of any available evidence or the lack thereof. In case of the first subparagraph, point (c), this shall be the entire period of operation of the recycling installation.
CHAPTER VIII
COMPLIANCE DOCUMENTATION
Article 29
Specific requirements for declarations of compliance for recyclers and converters
CHAPTER IX
FINAL PROVISIONS
Article 30
Repeal
Regulation (EC) No 282/2008 is repealed.
Article 31
Transitional provisions
Article 32
Specific transitional provisions applicable to the manufacture of materials and articles in which the recycled plastic is used behind a functional barrier
The following additional requirements shall apply to the operation of recycling installations that already manufactured recycled plastic materials and articles in which the recycled plastic is used behind a plastic functional barrier before 10 October 2022:
the decontamination installation manufacturing the recycled plastic as well as any post-processing installation adding the functional barrier is included in a list of installations submitted by a developer notifying the specific recycling technology applied by all the installations on the list in accordance with Article 10(2); and,
results from migration tests, challenge tests, and/or migration modelling, as appropriate and applicable to the notified recycling technology and to the specifics of the process that the recycling installation applies, unequivocally show that the functional barrier is capable, taking into account the contamination level of the recycled plastic, of acting as a functional barrier in accordance with Regulation (EU) No 10/2011 during the foreseeable shelf-life of the manufactured recycled plastic materials and articles, which comprises the time from their manufacture onwards, and the maximum shelf-life of the packaged food, if any.
The developer shall communicate the list referred to in point (i) and a study report incorporating the test results required under point (ii) to the competent authority and to the Commission before 10 April 2023. A robust summary of the study shall be part of the initial report published in accordance with Article 10(4).
Article 33
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 6(3)(c) and 13(2) shall apply from 10 October 2024.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Suitable Recycling technologies as referred to in Article 3
Table 1 contains the following information:
number assigned to the recycling technology;
name of the recycling technology;
types of polymer that the recycling technology allow to recycle;
short description of the recycling technology and reference to a detailed description in Table 3;
the type of input that the recycling technology can decontaminate, where
the type of output manufactured with the recycling technology;
if ‘yes’ is indicated in column 7, individual recycling processes shall be authorised in accordance with Articles 17 to 19;
reference to Table 4 on specifications and requirements applicable to the use of the technology in accordance with Article 4(4)(b), supplementing the requirements in Article 6 to 8;
derogations from Articles 6 to 8 in accordance with Article 4(4)(b), and derogations from Article 9(8);
if ‘yes’ is indicated in column 10, the recycling technology shall only be used as part of a recycling scheme in accordance with Article 9
Table 1
List of suitable recycling technologies
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
Recycling technology number |
Technology name |
Polymer type (detailed specification in Table 2) |
Short description of the recycling technology (detailed specification in Table 3) |
Specification of plastic input |
Specification of output |
Subject to the authorisation of individual processes |
Specifications and requirements (reference to Table 4) |
Derogations (reference to Table 5) |
Recycling scheme applies |
1 |
Post-consumer mechanical PET recycling |
PET (2.1) |
Mechanical recycling (3.1) |
Only PET PCW containing maximum 5 % of materials and articles that were used in contact with non-food materials or substances. |
Decontaminated PET, final materials and articles not to be used in microwave and conventional ovens; additional specifications may apply to output from individual processes |
Yes |
- |
- |
No |
2 |
Recycling from product loops which are in a closed and controlled chain |
All polymers manufactured as primary materials in compliance with Regulation (EU) No 10/2011 |
Basic cleaning and microbiological decontamination during remoulding (3.2) |
Chemically uncontaminated plastic materials and articles produced from a single polymer or from compatible polymers which were used or intended for use under the same conditions of use and solely obtained from a product loop which is in a closed and controlled chain, and excludes collection from consumers |
Remoulded materials and articles intended to be used for the same purpose and under the same conditions of use as the materials and articles circulated in the recycling scheme from which the plastic input was obtained. |
No |
4.1 |
- |
Yes |
Table 2
Detailed specification of polymers
Reference number |
Acronym |
Resin number and/or Recycling symbol, if any (1) |
Detailed specification for the purposes of this Regulation |
2.1 |
PET |
1 |
polyethylene terephthalate polymer made by the polycondensation of the comonomers ethylene glycol and terephthalic acid or dimethyl terephthalate, of which the polymeric backbone contains up to 10 % w/w other comonomers listed in Table 1 of Annex I to Regulation (EU) No 10/2011, such as isophthalic acid and diethyleneglycol |
(1)
As defined in Decision 97/129/EC, ASTM D7611 or GB/T 16288-2008. |
Table 3
Detailed description of the decontamination technology
Reference number |
Name |
Detailed description |
3.1 |
Mechanical recycling |
This recycling technology recovers collected plastics via mechanical and physical processes, typically sorting, grinding, washing, separating materials, drying, and re-crystallisation to produce plastic input which retains the chemical identity of the collected plastic. The critical stage of this recycling technology is the decontamination during which the plastic input is subjected for at least a minimum time to heat, and a vacuum or flowing gas, in order to remove incidental contamination down to a level that is without health concern. This stage may be followed by further recycling and conversion stages, such as filtration, re-granulation, compounding, extrusion and moulding stages. The use of this recycling technology retains the polymeric chains that constitute the plastic, and may increase their molecular weight. A small unintentional decrease in molecular weight may also occur. |
3.2 |
Recycling from product loops which are in a closed and controlled chain |
A recycling technology that recycles plastic input only originating from entities participating in closed cycles consisting of manufacturing, distribution or catering stages, and which participate in a recycling scheme in accordance with Article 9. Plastic input originates only from materials and articles that are intended and used for food contact, and any contamination other than surface residues from food and labelling, can be ruled out. The plastic input may contain shredded materials and articles, as well as off-cuts and scraps from the production of plastic materials and articles. The scheme excludes the collection of materials and articles as plastic input if these have been provided to consumers for use outside of the premises and/or control of the entities participating in the recycling scheme. The decontamination technology applied as part of this recycling technology provides for microbiological decontamination by high temperature during remoulding preceded by basic surface cleaning by washing or other means suitable for preparing the material for remoulding. In addition it may add new plastic to prevent quality loss of the recycled plastic that would make it unsuitable for the use that it was intended for. The recycled plastic is used only for manufacturing plastic materials and articles for contact with the same foods and under the same conditions as the collected materials and articles were intended for, and for which compliance to Regulation (EU) No 10/2011 was initially verified. |
Table 4
Specifications and requirements applicable to the use of the technology in accordance with Article 4(4)
Reference number |
Specifications/requirements |
4.1 |
(a) the technology and its operation shall fully correspond with the description provided in point 3.2 of Table 3; (b) where materials are subject to re-use within the distribution chain, without recycling operations, they shall be cleaned regularly and sufficiently to prevent the build-up of residues originating from food, usage and labelling; (c) the use, re-use, cleaning in accordance with point (b), and recycling shall be implemented in a way designed to prevent incidental contamination of the plastic input that cannot be removed with surface cleaning; (d) the use of any labelling or printing on the plastic materials and articles which cannot be fully removed with the cleaning applied before remoulding shall be excluded; (e) the document provided in accordance with article 9(3) shall provide explicit instructions and procedures to food business operators participating in the recycling scheme to prevent the introduction of external material and incidental contamination; (f) the plastic input and the recycled plastic shall at all times fully comply with Regulation (EU) No 10/2011; accumulation of constituents of the plastic material, present due to repeated recycling, such as residues of additives, or degeneration products, shall be considered non-intentionally added substances in accordance with Article 6(4)(a) of Regulation (EU) No 10/2011. Their presence shall not exceed a level that is regarded as unsafe in a risk assessment in accordance with article 19 of that Regulation. Where needed to ensure the quality of the recycled plastic materials and articles, new plastic manufactured in accordance with that Regulation shall be added; (g) there is documented scientific evidence demonstrating that the plastic materials and articles recycled as part of the scheme do not pose a risk to human health due to: — accumulation of constituents of the plastic material, such as residues of additives, or degeneration products resulting from repeated recycling; or — the presence of common residues from other sources such as food, detergents and labelling |
Table 5
Derogations applicable to the use of the technology in accordance with Article 4(5)
Reference number |
Specifications/requirements |
|
|
ANNEX II
Template for the Compliance Monitoring Summary Sheet in accordance with Article 26 of Regulation (EU) 2022/1616
The template shall be completed taking account of the definitions set out in Regulation (EC) No 2023/2006 on good manufacturing practices, and Annex B thereto.
Abbreviations used in this document in accordance with Regulation (EC) No 2023/2006:
QA |
: |
Quality Assessment |
SOP |
: |
Standard Operating Procedure |
SOP code |
: |
a SOP code is comprised of two numbers, the number of the SOP and the number of the document in which it is described in the format SOPNr – DocNr; the document number shall correspond to the document number listed in Section 2.3, the SOP number to the numbering system of the recycler. |
1. SECTION 1: IDENTIFICATION
The numbers (RIN, RFN, RON, RAN, NTN) referred to in this section shall correspond to the numbers in the Union Register laid down in accordance with Article 24 of Regulation (EU) 2022/1616.
1.1 Identification of the recycling installation
Installation name |
|
Applied recycling technology in accordance with Annex I |
|
EU Register number (recycling installation number, ‘RIN’) |
|
Facility Address |
|
Recycling Facility Number (‘RFN’) |
|
Contact details |
|
Position/Role of contact persons |
|
Relevant national register numbers, if any |
|
Notification date (Article 25(1)(a)) |
|
1.2. Identification of the recycler
Company Name |
|
EU Register number (Recycler Operator Number, ‘RON’) |
|
Address of the head office |
|
Contact details |
|
Position/Role of main contact person |
|
Relevant national register numbers, if any |
|
Authorisation holder? (Yes/No/Not applicable) |
|
1.3. Recycling process authorisation Decision or novel technology
A: identification of the authorisation Decision or novel technology used by the process that the installation applies:
EU Register number, i.e. Recycling Process Authorisation Number (‘RAN’), Novel Technology Number (‘NTN’) |
|
B: authorisation holder or novel technology developer
Name of authorisation holder (*1)/ of the technology developer (*2) as applicable |
|
Address |
|
Contact details |
|
Position/Role |
|
(*1)
The name of the authorisation holder and its address must be the same as on the authorisation Decision.
(*2)
The technology developer that notified the novel technology used by the process which the installation applies, in accordance with Article 10(2). |
1.4. Document references used by the European Food Safety Authority (‘EFSA’)
EFSA Question number |
|
EFSA Publication date of the opinion |
|
EFSA Publication number (output number) |
|
Confidentiality Decision number |
|
Confidentiality Decision date |
|
1.5. Additional responsible person(s) for the operation of the recycling installation
Name |
Position/Role |
Contact details |
|
|
|
2. SECTION 2: OPERATION OF THE RECYCLING INSTALLATION
2.1. Written Statements
A maximum of 3 000 characters including spaces shall apply both to Sections 2.1.1 and 2.1.2
2.1.1 Recyclers’ statement explaining the production and quality of the recycled plastic
2.1.2. Recycler’s statement explaining correspondence to the authorised process
This section is applicable only to authorised processes.
2.2 Recycling operations at the recycling facility
The following information shall be provided in this section:
2.2.1. Diagram of the main manufacturing stages carried out at the recycling facility (site diagram)
2.2.2. Description of the main manufacturing stages carried out at the recycling facility and the streams connecting them
Stage Number |
Name |
Description |
Average Processed Tonnage per year |
|
|
|
|
|
|
|
|
Stream Number |
Name |
Description |
Average Stream size |
|
|
|
|
|
|
|
|
2.3. Internal Documents
Provide a comprehensive list of documents relevant to the operation of the process and quality management and other administrative procedures related thereto, as well as documents related to the authorisation. The documents shall be numbered and these numbers shall be used in Section 3 to refer to these documents. The recycler may apply its own numbering system.
Document type |
Document Number |
Related production stage |
Title |
Description |
Date, version, author |
|
|
|
|
|
|
|
|
|
|
|
|
2.4. Batch definitions
The following batches shall be defined in accordance with the table below:
Where either the entry or input batch is the same because no further QA checks take place, only the input batch shall be defined. The same approach shall be used for the output and exit batches. Where there are different types of entry and or exit batches, these shall be defined separately, and be given a meaningful name.
The QA shall be numbered in the same way as in the site diagram (Section 2.2.1)
Batch type |
Internal Batch name |
Stream/QA No |
Definition/Description |
Typical size range |
Traceability rule |
|
|
|
|
|
|
|
|
|
|
|
|
2.5. Process diagram of the decontamination installation
Add a piping and instrumentation diagram in accordance with Section 4.4 of ISO 10628-1:2014, taking account of ISO 10628-2.
2.6. Control of critical decontamination operations
The table below shall include a reference to steps, stages, or operations that EFSA identified as critical, a control criterion for each critical parameter, the involved control instruments, and the description of corrective actions in case the control criterion fails. Further information of the evaluation of complex control rules shall be added if relevant.
Critical operation (and ref to EFSA opinion) |
Control criterion |
Measuring or Control Instrument (reference to 2.5) |
Short description of corrective actions if control rule is not met |
SOP code (SOPNr – DocNr) |
|
|
|
|
|
|
|
|
|
|
2.6.1. Further information on complex control rules, where relevant
2.7. Relevant standard operating procedure for Operation
The table below shall provide a reference to each SOP used for the operation of the installation, provide a short description thereof, and indicate the location where it is carried out.
SOP code |
Short description |
Location) |
|
|
|
3. SECTION 3: QUALITY ASSESSMENT
3.1. List of quality assessment stages
Each QA stage shall be described using the table below:
QA stage and number |
Assessment name |
Definition/Description |
Criterion |
Records |
SOP Code (SOPNr – DocNr) |
|
|
|
|
|
|
There shall be at least four stages (unless there is no difference between entry and input or output and exit – see Section 2.4):
Additional intermediate stages shall be added where relevant for the quality of the material in other stages. Those intermediate stages shall be given a meaningful name.
3.2. Relevant standard operating procedures applied at QA stages
The table below shall provide a reference to each standard operating procedure used at QA stages, provide a short description thereof, and indicate the location where it is carried out.
Quality Assessment (QA) No (ref 3.1) |
SOP code (SOPNr – DocNr) |
Short description |
Location (of QA) |
|
|
|
|
|
|
|
|
4. SECTION 4: RECORD REPOSITORY
4.1 Quality assessment recording systems
Quality Assessment No (ref 3.1) |
Name |
Definition/Description |
Location |
Backup |
SOP Code (SOPNr – DocNr) |
Modification prevention |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
4.2. List of standard operating procedures codes for recording system
Quality Assessment No (ref 3.1) |
SOP code (SOPNr – DocNr) |
Short description |
Location (of entry into recording system) |
|
|
|
|
4.3. Other relevant records/systems
Procedure |
Description/Documentation |
|
|
ANNEX III
Templates for declaration of compliance
PART A
Declaration of compliance to be used by recyclers
RECYCLERS DECLARATION of COMPLIANCE with REGULATION (EU) 2022/1616 |
|||||
I, the undersigned, declare in name of [ADD NAME OF RECYCLER] as identified in Section 1.1, that the recycled plastic material identified in Section 1.2 was produced in accordance with Regulation (EU) 2022/1616. The recycled material to which this declaration applies is suitable for use in contact with food, provided it is used in accordance with the restrictions set out Section 3 of this declaration, and with the instructions in this declaration and with the labelling on the product. Hereby I declare that the contents of this declaration is correct to the best of my knowledge and in compliance with Regulation (EU) 2022/1616. |
|||||
Section 1: Identification |
|||||
1.1 Recycler |
1.2 Recycled product |
1.3 Competent authority |
|||
1.1.1 Name |
|
1.2.1 Tradename / designation |
|
1.3.1 Name |
|
1.1.2 FCM-RON () |
|
1.2.2 Batch No |
|
1.3.2 Address |
|
1.1.3 Country |
|
1.2.3 FCM-RIN () |
|
1.3.3 Country/region |
|
1.1.4 FCM-RFN () |
|
1.2.4 Other information |
|
1.3.4 assigned Registration Number |
|
Section 2: Compliance |
|||||
2.1 Basis for authorisation or permission to operate (tick one box only) |
|||||
|
|
|
|
|
|
2.1.1 |
□ |
Authorisation Decision |
RAN () |
|
|
2.1.2 |
□ |
Recycling scheme |
RSN () |
|
|
2.1.3 |
□ |
No authorisation or recycling scheme required |
|
|
|
2.1.4 |
□ |
Novel technology |
NTN () |
|
|
2.2 Results of compliance assessment as listed in the compulsory quality assessment stages in Table 3.1 of Annex II; compulsory only if 2.1.1 ticked Important: Fields 2.2.2 to 2.2.4 may be left blank, provided field 2.2.5 is ticked |
|||||
Stage () |
Decision criteria and outcome(s) |
Batch Number(s) |
|||
2.2.1 Exit |
|
|
|||
2.2.2 Entry |
|
|
|||
2.2.3 Input |
|
|
|||
2.2.4 Output |
|
|
|||
2.2.5 The undersigned confirms that the information required in fields 2.2.2 to 2.2.4 will be made available to competent authority upon its request, within 3 working days |
□ |
||||
Section 3: Instructions and information to users of the product |
|||||
3.1 |
Instructions to converters |
||||
3.1.1 |
Maximum recycled content (w/w %) |
% |
|
||
3.1.2 |
Present recycled content (w/w %) |
% |
|
||
3.1.3 |
Restrictions of use () |
|
|||
3.1.4 |
Other instructions |
|
|||
3.2 |
Instructions to users further down the supply chain, including end users |
||||
3.2.1 |
Restrictions of use () |
|
|||
3.2.2 |
Summary of labelling |
|
|||
3.2.3 |
Other instructions |
|
|||
Section 4: Signature |
|||||
4.1 Signature and company stamp |
|
||||
4.2 Name of person signing |
|
||||
4.3 Role/position of person signing |
|
||||
4.4 Date and place |
|
||||
(1)
RAN – recycling authorisation number; RON – recycling operator number (recyclers); RIN – recycling installation number; RSN – recycling scheme number; NTN – novel technology number; RFN – Recycling facility number.
(2)
Filling out the fields for the exit stage (the batch that is placed on the market and which is accompanied by this declaration) is compulsory. The completion of the other fields is voluntary, but in case this information is not provided by means of this declaration, it shall be made available to a competent authority, upon its request, within 3 working days.
(3)
Restrictions of use shall correspond to any applicable conditions in the field of application of the recycled plastic, in accordance with Annex I for the applied technology, Article 7, 8, or 9, the Authorisation of the recycling process, if any, or any other restriction the recycler deems necessary. |
PART B
Declaration of compliance to be used by converters if the converted plastic material contains recycled plastic
CONVERTERS DECLARATION of COMPLIANCE with REGULATION (EU) 2022/1616 |
|||||
I, the undersigned, declare in name of [ADD NAME OF CONVERTER] as identified in Section 1.1, that the recycled plastic material identified in Section 1.2 was produced in accordance with Regulation (EU) 2022/1616. The recycled material to which this declaration applies is suitable for use in contact with food, provided it is used in accordance with the restrictions set out Section 3 of this declaration, and with the instructions in this declaration and with the labelling on the product. Hereby I declare that the contents of this declaration is correct to the best of my knowledge and in compliance with Regulation (EU) 2022/1616. |
|||||
Section 1: Identification |
|||||
1.1 Converter |
1.2 Product with recycled plastic |
1.3 Competent authority |
|||
1.1.1 Name |
|
1.2.1 Tradename/designation |
|
1.3.1 Name |
|
1.1.2 Address |
|
1.2.2 Batch No |
|
1.3.2 Address |
|
1.1.3 Country |
|
1.2.4 Other info |
|
1.3.3 Country/region |
|
|
|
|
|
1.3.4 Reg. number |
|
Section 2: Compliance |
|||||
2.1 |
|||||
2.1.1 |
Origin of recycled plastic; RIN numbers |
|
|||
2.1.2 |
Batch numbers recycled plastic from decontamination installation |
|
|||
2.1.3 |
Maximum recycled content indicated by recycler (Part A, 3.1.1) |
% w/w |
|||
2.1.4 |
Actual recycled content of this product |
% w/w |
|||
2.1.5 |
Restrictions provided in the Declaration of compliance received from the recycler are met |
□ |
|||
2.1.6 |
Addition of additives or starting substances |
□ □Added additives or starting substances comply with Regulation (EU) No 10/2011 |
□ □No additions |
||
Section 3: Instructions and information to users of the product |
|||||
3.2 |
Instructions to users further down the supply chain, including end users |
||||
3.2.1 |
The product identified in Section 1.2 is a: (tick as applicable; both may apply) |
(A) a recycled plastic for further conversion stages |
□ |
||
(B) a final plastic material or article suitable for contact with food without further processing. |
□ |
||||
3.2.2 |
Type or types of food with which it is intended to be put in contact |
|
|||
3.2.3 |
Time and temperature of treatment and storage in contact with the food |
|
|||
3.2.4 |
The highest food contact surface area to volume ratio for which compliance has been verified |
|
|||
3.2.5 |
List of added substances with migration limits; add rows as required. (note: FCM Number and specific migration limit (‘SML’) may not exist for certain substances) |
FCM No* |
Other designation (CAS No, chemical name) |
SML* (mg/kg food) |
|
|
|
|
|||
|
|
|
|||
3.2.6 |
Other relevant information and instructions, including in accordance with points 7 and 9 of Annex IV to Commission Regulation (EU) No 10/2011 (1) |
|
|||
3.2.7 |
The recycled plastic to which this declaration applies is contained in a layer in a multi-layer material or article subject respectively to Articles 13 or 14 of Regulation (EU) No 10/2011 that contains plastic manufactured in accordance with that Regulation in another layer or layers. A separate declaration of compliance in accordance with Article 15 of that Regulation regarding that layer or those layers is available and must be taken into account. |
□ |
|||
Section 4: Signature |
|||||
4.1 Signature and company stamp |
|
||||
4.2 Name of person signing |
|
||||
4.3 Role/position of person signing |
|
||||
4.4 Date and place |
|
||||
(1)
Commission Regulation (EU) No 10/2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food Text with EEA relevance (OJ L 12, 15.1.2011, p. 1). |
( 1 ) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
( 2 ) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
( 3 ) Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).
( 4 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).