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New regulations for recycled plastics in food packaging

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EU's New Green Deal aims to expand circular economy

June 2023. As part of the "New Green Deal" announced by the EU Commission, increased recycling of plastics is mentioned as an essential prerequisite for the transition to a circular economy. The Commission has committed itself to implementing targeted measures in this sector. These are aimed at expanding the recycling capacity for plastics, increasing the recyclate content in plastic products and packaging, and increasing the proportion of recycled plastic in food packaging. The new Recycling Regulation (EU) 2022/1616[1] is expected to be a key step towards achieving these goals.

Differences in recycling processes

The new Recycling Regulation (EU) 2022/1616 stipulates that plastic packaging recovered from household collections may only be reused as food packaging if it has been purified using an "appropriate technology" or a "novel technology".

Appropriate technologies

"Appropriate technologies" are essentially those that were already approved under the old regulation. These are in particular polyethylene terephthalate (PET) from beverage bottles. In addition, some processes are approved that originate from so-called closed loop systems. For example, crates used to transport food from the manufacturer to the processor or retailer are recycled and reprocessed into such crates.

However, "appropriate technologies" for polyethylene (PE) or polypropylene (PP) packaging do not yet exist. The physical properties of PP and PE are responsible for the fact that PE and PP absorb pollutants from previous uses, the recycling process or misuse, very effectively and quickly. This potential high contamination of PE and PP, as well as the high requirements for cleaning processes, make it very unlikely that PE or PP packaging will be recycled from the yellow bag back into food packaging in the future.

Novel technologies

"Novel technologies" are process methods in which a recycling company is allowed to market a new process for cleaning plastics while it is still in the approval phase. To do this, the contractor must carry out very strict controls and submit regular reports to the European Food Safety Authority (EFSA). These must prove that the processes used are suitable for cleaning the recycled plastic so that it is once again safe for food packaging. After 2 years and 4 interim reports at the earliest, EFSA can then issue an approval and designate the "novel technology" an "appropriate technology." Consumer advocates criticise that products with an inadequate safety assessment are being sold to consumers here using unapproved processes. Nevertheless, the applicant must monitor very closely whether the manufactured products are safe for the consumer.

The European Commission is currently drawing up a list of companies that produce, process or use recycled materials. Processes already approved under the old regulations will also be transferred to the new system. Initial applications for "novel technologies" are underway. However, as the EFSA guidelines announced in the regulation are not yet available, it is not possible to foresee at the moment whether EFSA will be satisfied with the data collected in analogy to the previous regulations or whether further analyses will have to be carried out subsequently.

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Relevant sources

[1] Consolidated text: Commission Regulation (EU) 2022/1616 of 15 September 2022 on recycled plastic materials and articles intended to come into contact with foods