The European Commission is preparing three legal acts to implement the recycled content targets of the European Packaging and Packaging Waste Regulation (PPWR). These will govern the calculation and verification of the recycled content in plastic packaging, sustainability criteria for recycling technologies, and the conditions for plastic recyclates and products containing recyclate from third countries. The Commission has launched a call for evidence for this purpose.
The three legal acts are to be based on Article 7 of the PPWR and, according to current plans, are to be adopted in the fourth quarter of 2026. Two implementing acts and one delegated act are planned. The background to this is the minimum quotas for recyclate in certain plastic packaging laid down in the PPWR. According to the Commission, harmonised rules for calculation, verification and checking are required so that these specifications can be applied and monitored uniformly.
Standardised calculation of recyclate content
The implementing act pursuant to Article 7(8) is to lay down the methodology for calculating and verifying the percentage of recycled content from post-consumer plastic waste as well as the format for the required technical documentation. This could take into account, inter alia, data flows, traceability along the supply chain, the level of aggregation, the evidence to be kept by companies and, where applicable, independent third-party audits.
In the Commission's view, without harmonised rules, differing calculation methods, verification requirements and testing procedures could emerge. This would lead to uncertainty for businesses, make enforcement more difficult and jeopardise a level playing field in the EU single market.
Another delegated act pursuant to Article 7(7) is intended to establish sustainability criteria for plastic recycling technologies. The assessment is to incorporate, inter alia, economic and environmental performance, the quality of the materials produced, the availability of waste, energy demand, greenhouse gas emissions and other environmental impacts.
Specifications for recyclates from third countries
Of particular importance for international supply chains is the planned implementing act pursuant to Article 7(10). It is intended to regulate how the equivalence of recyclates is verified and certified when the underlying post-consumer plastic waste has been collected or recycled outside the EU. Among other things, environmental and health protection, environmentally sound and high-quality recycling, resource efficiency and quality standards must be taken into account. Audits by independent third parties are also envisaged.
With the call for evidence will the Commission therefore investigate, among other things, what quantities of recyclate enter the EU annually from third countries, which countries these materials mainly come from, and what proportion of plastic packaging on the European market comes from third countries. Questions will also be asked about systems already in use for the verification, certification and traceability of plastic recyclates.
Additional costs for the packaging industry possible
The Commission assumes that the companies concerned may incur costs for data collection, documentation, verification, certification, audits, and the adaptation of information systems. Those affected could include recyclers, manufacturers of recycled plastics, processors, packaging manufacturers, brand owners, importers, distributors, fulfilment service providers, and manufacturers placing packaged products on the market in the EU.
In the Commission's assessment, small and medium-sized enterprises in particular could be disproportionately burdened. This would apply above all if compliance with the requirements necessitates complex data along the supply chain or if certification and audit costs are incurred largely independently of company size. When shaping the rules, the Commission intends to take existing data, documentation, certification and audit systems into account and limit unnecessary duplication of effort.
An additional impact assessment is not planned. The fundamental recyclate targets and the framework of the legal acts have already been decided with the PPWR and subjected to an impact assessment during the legislative procedure at the time. However, the insights gained from the call for evidence regarding costs, feasibility, SMEs, market surveillance and international supply chains are to be incorporated into the drafting of the three legal acts.
Source: EU Commission
