On 15 April 2026, the European Union submitted a notification (G/SPS/N/EU/940) to the World Trade Organization (WTO), proposing to amend Regulation (EU) 2022/1616 to upgrade the management system for food contact recycled plastics. This means that all enterprises exporting related plastic products to the EU will face stricter compliance documentation requirements and a new digital declaration process.
Key Amendments
1. Two New Categories of Declarations of Compliance (DoC)
In addition to the existing Recycler Declaration (Declaration A) and Converter Declaration (Declaration B), two new declarations are added:
- Declaration C (Simplified Declaration): Applies to manufacturing stages where the chemical composition is not subsequently altered (e.g., thermoforming, blow moulding, labelling, etc.). No new batch number needs to be assigned, but the recycling facilities used must be listed.
- Declaration P (Pre-processing Declaration): Applies to plastic input materials placed on the market at all pre-processing stages. A batch number must be attached to ensure traceability.
2. Supply Chain Compliance Documentation Requirements
- All operators at manufacturing and marketing stages, except the retail stage, must provide declarations of compliance.
- Food business operators using recycled plastic to package food may be exempted from providing declarations to retailers, provided specific labelling/instruction conditions are met; however, they must provide them to competent authorities within 10–20 working days upon request.
- When issuing declarations, operators must already have supporting compliance documentation saved in their document system, and be able to submit it to competent authorities within 10 working days.
3. Import and Customs Procedures
Products containing recycled plastic (particularly PET, tableware, and kitchenware) must submit declarations of compliance and commodity codes to customs when being released for free circulation, to prevent non-compliant products from entering the EU market.
4. EU Registration and Electronic System Management (Major Adjustment)
- A non-public electronic registration system will be established for use by competent authorities and operators.
- Seven registration statuses for decontamination facilities are defined:
|
Status |
Meaning |
|
Newly registered |
Registered and possibly operational, but compliance monitoring summary not yet submitted |
|
Being established |
Registered and operational, summary submitted, but audit not yet completed |
|
Active |
Operational, summary submitted, competent authority audit completed |
|
Inactive |
Ceased use for reasons other than (e)(f)(g) |
|
Suspended |
Suspended by competent authority due to non-compliance |
|
Audit pending |
Audit not completed within the prescribed time limit |
|
Decommissioned |
Permanently ceased use by recycler |
- Refined status transition rules: For example, "being established" status automatically converts to "audit pending" after one year; operators may voluntarily set a facility to "inactive"; if operations resume after more than 20 consecutive months of inactivity, the audit process must be restarted.
- Information on decommissioned facilities is automatically removed from the register after one year, but remains archived in the system for access by the Commission and competent authorities.
5. Reuse of Offcuts and Scrap
Offcuts and scrap of compliant recycled plastic may be reintroduced into production during subsequent processing, provided that the relevant principles of Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food are observed.
6. Batch and Record Management
A single quality record with a unique number must be established for each batch of plastic input and recycled plastic, and kept in the document system for at least five years.
Transitional Arrangements
- Declaration A/B: For 3 months after the regulation enters into force, products complying with the old regulation may still be placed on the market (even if they do not fully meet the new declaration requirements).
- Declaration C/P: For 6 months after the regulation enters into force, products complying with the old regulation may be placed on the market without such declarations.
- Products already placed on the market during the transition period, and recycled plastic articles made from them, may be sold until stocks are exhausted.
ChemRadar Insights
Given that the comment period has less than one month remaining (closing on 14 June), industry associations and enterprises with objections may submit comments to the EU through China's WTO National Notification Enquiry Point as soon as possible.
The regulation is expected to be formally adopted on 30 September 2026, and will enter into force on the 20th day following its publication in the Official Journal of the European Union.
CIRS reminds domestic export-related enterprises to:
- Urgently establish a documentation system: Map the supply chain, establish a batch numbering system, and prepare Declaration P/C templates.
- Screen supplier compliance: Send compliance requirements to all upstream suppliers and assess their ability to provide Declaration P.
- Optimise customs clearance: Confirm applicable CN codes for products, communicate new requirements with customs brokers, and establish digital document storage.
