Based on the article by Matt Tudball, Senior Editor for Recycling at ICIS
Incorporating recycled plastics into food contact applications is a key element of the European Union’s strategy to increase recycled content in packaging, but it is also one of the most demanding regulatory areas for recyclers. Regulation (EU) 2022/1616 on recycled plastic materials and articles intended to come into contact with foods establishes strict conditions that apply to the entire recycling value chain, from the separate collection of plastic waste through pre-processing and decontamination to final product manufacture. While recyclers within the EU, particularly those active in established recycled polyethylene terephthalate (R-PET) supply chains, can build on existing compliance frameworks and proven technologies, operators outside the EU or outside the PET mechanical recycling segment face considerably higher hurdles if they wish to serve the European market.
The regulation applies to all recycling processes that produce plastics intended for food contact, including mechanical, chemical and physical processes as well as closed-loop systems. It links directly to EU food-contact rules for virgin polymers, notably Regulation (EU) 10/2011, and requires third-party certification of quality assurance systems to ensure safety and full traceability. For non-EU recyclers, demonstrating equivalence with EU law, implementing robust traceability, and navigating European Food Safety Authority (EFSA) approval procedures for novel technologies can take several years and involve substantial cost. These obligations are designed to safeguard consumer health while enabling the use of recycled plastics in contact-sensitive applications, yet they also create structural challenges for global supply chains aiming to supply recycled material to Europe.
Scope and key requirements of Regulation (EU) 2022/1616
Regulation (EU) 2022/1616 sets out detailed rules for all recycling processes that generate recycled plastics intended for food contact. The scope covers mechanical recycling, chemical recycling, physical processes and closed-loop systems, provided that the output is used in materials and articles that will come into contact with food. The requirements address several critical stages of the recycling chain.
A first element is the separate collection of plastic waste. Only waste collected separately in a manner that supports traceability and reduces contamination can be used as feedstock for food-contact recycling processes. This provision aims to control the quality and composition of input streams and to limit the presence of non-food-grade plastics or non-authorised substances.
Pre-processing operations such as sorting, shredding and washing are explicitly covered. Operators must ensure that these steps are managed under controlled conditions and documented within a quality system. The objective is to remove contaminants as far as possible and to prepare a consistent and characterisable input for subsequent decontamination.
Decontamination units form another core element of the regulation. These units are responsible for reducing potential contaminants in the plastic to a level that ensures safety for food contact. Their performance must be demonstrated and monitored, and they are typically central to the EFSA evaluation of a recycling process. Post-processing steps, which may include extrusion, pelletising or conversion into final articles, are also subject to the regulation, particularly in terms of maintaining the integrity of the decontaminated material and preserving traceability.
In addition, the regulation links recycled plastic processes to the underlying safety of the original polymers. Compliance with Regulation (EU) 10/2011 is required to ensure that the virgin plastics from which the waste originates are themselves suitable for food contact, including adherence to authorised substances lists and migration limits. Alongside this, recycling operators must implement quality assurance systems that are certified by independent third parties recognised in the EU. These systems must document and control all critical steps, from input selection through processing to final product, to support full traceability and demonstrate consistent process performance.
Suitable and novel recycling technologies
Under Regulation (EU) 2022/1616 and the associated EFSA assessment framework, recycling technologies are classified as either suitable or novel. This classification is a starting point for determining the regulatory pathway and approval timeline for a given process.
Suitable technologies currently include post-consumer PET mechanical recycling and certain closed-loop systems. These technologies are regarded as established in terms of their decontamination performance and risk profile for food-contact applications. As a result, there are existing EFSA opinions and regulatory precedents that operators can follow when seeking authorisation for new installations based on these approaches.
In contrast, novel technologies are those for which sufficient evidence on safety and decontamination performance has not yet been established in the EU context. These can include new mechanical, chemical or physical processes, as well as new feedstock types or combinations that fall outside the suitable category. To gain approval, operators must submit extensive safety data to EFSA, covering input characterisation, process parameters, decontamination efficiency and migration modelling. This multi-year assessment and authorisation process can last up to five years, including extension periods.
Only after a novel technology has been evaluated positively by EFSA and listed in Annex I of Regulation (EU) 2022/1616 can recycling processes based on that technology be used to produce recycled plastics for food-contact applications in the EU. This creates a clear regulatory pathway, but also a significant barrier to entry for new technologies that may be technologically mature but lack a regulatory track record in Europe.
Specific challenges for non-EU recyclers
Recyclers located outside the European Union face additional complexity when aiming to supply recycled plastics for food-contact applications into the EU market. One challenge is the need to demonstrate compliance with Regulation (EU) 10/2011 via national legislation or through detailed equivalence assessments. Non-EU legal frameworks may differ substantially from EU rules on authorised substances, migration limits and testing protocols, and recyclers must provide evidence that their practices meet or exceed EU standards.
Traceability is another critical area. Non-EU operators must implement traceability systems that are robust enough to satisfy EU regulators and customers, including the capacity to track materials from collection through processing to final product. They must also obtain certification for their quality assurance systems from bodies recognised by the EU. For some regions, suitable certification infrastructure may be limited, creating an additional investment hurdle.
Where recycling processes are based on novel technologies, non-EU recyclers must undergo the same EFSA evaluation processes as EU operators. Preparing and submitting the required safety dossiers can be time-consuming and costly, with timelines that can extend up to five years when extensions are included. For companies seeking to enter the EU market or expand capacity, this can delay market access and create uncertainty.
Separate collection standards represent a further issue. In many non-EU countries, structured separate collection systems for packaging waste are not yet in place or do not operate at the level of segregation required for food-contact feedstocks. Establishing or securing access to compliant collection and sorting streams adds complexity and may necessitate new partnerships or investments.
Strategic context and market implications
The regulatory demands on recyclers are closely linked to broader EU policy objectives on packaging and waste. The European Commission has introduced mandatory recycled content targets for contact-sensitive materials from 2030 onwards under the Packaging and Packaging Waste Regulation (PPWR). These new obligations add to existing requirements under the Single Use Plastics Directive and are expected to drive a substantial increase in demand for recycled plastics suitable for food-contact and other sensitive applications.
According to ICIS, the EU market will require significantly higher volumes of recycled material to meet the 2030 packaging targets. PPWR alone is projected to generate 11.5 million tonnes of additional demand for recycled PET, PE and PP by 2040. This demand will come on top of current consumption and will require both capacity expansion within Europe and increased imports of compliant recycled materials.
In this context, imports are likely to play an important role in complementing European supply. However, recyclers outside the EU are already facing difficulties in understanding and adapting to the complex legislative framework that governs food-contact applications. Helen McGeough, Global Analyst Team Lead for Plastics Recycling at ICIS, noted that "Meeting those targets will require imports to compliment European supply, but recyclers outside the EU are already struggling to understand the complex legislative landscape they need to navigate in order to be part of the solution". This highlights both the opportunity and the regulatory barrier for non-EU operators.
To gain or maintain access to the EU market, non-EU recyclers are expected to invest in compliance infrastructure, including upgraded collection and sorting systems, documented pre-processing and decontamination controls, and certified quality assurance and traceability frameworks. Alternatively, some may choose to partner with EU-certified entities that already operate within the European compliance system.
Early alignment with recognised certification and assessment schemes is emerging as an important strategic step. Systems such as RecyClass, which focus on recyclability assessment and traceability, can help operators structure their quality management and documentation in a way that supports regulatory compliance. Ensuring that all parts of the value chain, from waste collection through to converter and brand owner, follow compatible standards is likely to be critical for reliable market access.
Stakeholders seeking more detailed guidance on the requirements of Regulation (EU) 2022/1616 and the practical implications for collection and pre-processing can refer to the two-part webinar organised by ICIS and Plastics Recyclers Europe, in which members of the plastics recycling value chain discuss operational challenges and emerging best practices.
