Intertek Assuris: EU Recycled Plastics Regulation—Regulation (EU) 2022/1616

Description:

The EU’s push for a circular economy is transforming packaging regulations, and the updates to achieve compliance can be complex.

Join Intertek Assuris experts Taylor Cavanaugh and Ashli Span as they provide an overview of Regulation (EU) 2022/1616, the legislation governing recycled plastics in food contact applications. From authorization pathways to safety evaluations, learn what businesses need to know to stay compliant and competitive in the EU market.

Don’t miss this essential discussion for recycling, packaging, regulatory, and sustainability professionals.

Speakers:

• Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris
• Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

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Transcript

00:20 --> 00:25
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Hey friends—welcome back to Assurance in Action podcast! I’m Taylor…

00:25 --> 00:41
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

…and I’m Ashli! And today we’re diving into one of the most talked-about regulations in the recycling and food contact world right now, EU’s recycled plastics regulation. Yep, we’re talking about Regulation (EU) 2022/1616.

00:41 --> 00:53
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

It’s one of those regs that’s been buzzing since it was published, but in the past year or so it’s really picking up momentum with implementation. So, we figured it’s the perfect time to unpack what it actually means in practice.

00:53 --> 01:05
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

And let’s be real—it’s not light reading. But we’re here to make it less intimidating. Whether you’re a recycler, brand owner, or just trying to keep your packaging team up to speed, we got you.

01:05 --> 01:26
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Let’s start from the top. So, the EU basically reworked the whole EU 282/2008 system for how recycled plastics can be used in food contact applications in 2022 and installed new framework. And one of the biggest shifts? They separated recycling processes into two buckets: suitable and novel technologies.

01:26 --> 01:40
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Right, and as of now, only two processes are considered suitable. First, we’ve got mechanical recycling of post-consumer PET, so think plastic water bottles and soda bottles.

01:40 --> 01:54
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

And second is closed and controlled product loops. That’s more industrial, where the same materials are recycled in a controlled cycle, so think scraps at the end of a manufacturing process being repelletized and reintroduced at the beginning of the manufacturing process.

01:54 --> 02:14
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Everything else? Automatically considered novel. Which includes a lot of the exciting stuff, like polyolefins, chemical recycling, and honestly, anything that hasn’t already been through the EU’s full review process or fits that suitable technology mold found in Annex I Table I.

02:14 --> 02:24
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Exactly. And here’s the catch: if you’re in the “novel” category, you need to prove that your process produces safe materials—no contaminants, no health risks.

02:24 --> 02:38
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

If you pass that bar, your process can be promoted to what is considered a suitable technology. Until then, you’re still in that “prove-it” phase and the only suitable technologies can be found in Annex I Table I. 

02:38 --> 02:48
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

So, if your tech and material isn’t in Table 1 yet, it doesn’t matter how well it works, you’re still in novel territory. And that means more steps.

02:48 --> 02:58
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Now, let’s fast forward to where things progressed in the last year or so. One of the biggest updates last year? The Union Register is finally live.

02:58 --> 03:36
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Yes! This is basically the EU’s tracking system for recycling processes. When your process gets registered, it’s given three ID numbers:

·         a Recycling Operator Number (RON)

·         a Recycling Facility Number (RFN)

·         and a Recycling Installation Number (RIN)

However, the Union Register ID numbers that are still pending to be published are the 

·         Recycling Authorization Number (RAN)

·         Recycling Scheme Number (RSN)

·         Novel Technology Number (NTN)

03:36 --> 03:53
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

And just to clarify because it can be easy to mix these up, the installation is the equipment operating at least part of a recycling process, while the facility is the physical location where at least one decontamination installation is located.

03:53 --> 04:02
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Exactly. So how do you actually get listed in the Union Register? It’s not automatic. There’s a whole process you’ve got to follow.

04:02 --> 04:34
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Yeah, and it’s pretty structured. Here’s how it works, step by step:

1.      First, you notify your competent authority at least 30 working days before you start production. At that point, you’re listed as “newly registered.”

2.      One month after you begin production, you have to submit what’s called a Compliance Monitoring Summary Sheet, also known as the CMSS.

3.      Once that’s in, you become “established.”

4.      Then, the authority has up to one year to evaluate your process. If everything checks out, you’re upgraded to “active.”

04:34 --> 04:38
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

But if they don’t confirm your compliance in that one-year window?

04:38 --> 04:47
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Then you get bumped to “suspended” status. And if it stays like that for another year with no resolution? You’re removed from the register altogether.

04:47 --> 04:54
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

So yeah, this is not a one-and-done process. There’s follow-up, documentation, and you have to stay engaged.

04:54 --> 05:02
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

And we haven’t even gotten to the authorization part yet. If you’re using a novel process, you also need a green light to sell your product.

05:02 --> 05:11
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

That’s under Article 17. You submit an application to the competent authority in the member state where your decontamination tech is located.

05:11 --> 05:22
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

Then it gets passed to EFSA, that’s the European Food Safety Authority, for a full safety review. They have 6 to 12 months to give their opinion. That’s Article 18.

05:22 --> 05:39
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

But here’s where it gets interesting, EFSA’s opinion isn’t the final word. According to Article 19, the European Commission makes the final call. They usually follow EFSA’s lead, but if they don’t, they have to explain why, and publish the authorization decision.

05:39 --> 05:54
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

And once that decision is made, your process gets its RAN code, your Recycling Authorization Number. Even though it is not present yet on the Union Register, that’s what officially ties your process to a legally approved status.

05:54 --> 06:06
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

So if you’re a packaging supplier or brand trying to incorporate recycled content, that RAN code is kind of like your VIP badge. Without it? You’re not getting through the compliance door.

06:06 --> 06:18
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

And just a heads-up, if your supply chain is using a recycling process or recycled materials and they don’t have their paperwork sorted? That could trickle down and impact you, too.

06:18 --> 06:27
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

So, the bottom line is:

·         If your process is in Table 1? Awesome.

·         If it’s not? You’re in the novel zone, and you’ve got a few regulatory hills to climb.

06:27 --> 06:42
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

But hey, you don’t have to figure it out alone. If you’re in the middle of this process, or just starting, there are resources out there. Webinars, consultants like us here at Intertek, agencies like EFSA that are all part of the ecosystem now.

06:42 --> 06:48
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

And we’ll keep you updated here, too. That’s all for today’s episode Assurance in Action, thank you so much for joining us!

06:48 --> 07:17
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

If you liked this convo or know someone who may benefit from a listen, please share it with your team, and stay tuned. We’ve got more episodes coming on related topics based around recycling, the use of recycled materials, and claims or verifications companies are now pursuing around circularity in the global market. We also have a free webinar on this topic can be accessed at Intertek.com/resources/webinars that can be accessed at anytime.

07:17 --> 07:23
 Speaker 1 – Taylor Cavanaugh, Senior Manager, Regulatory Market Access, Intertek Assuris

Yeah, because compliance doesn’t sleep and neither do we.

07:23 --> 07:29
 Speaker 2 – Ashli Span, Project Manager, Regulatory Market Access, Intertek Assuris

…that’s for sure - and we’ll catch you next time on the Assurance in Action podcast.