Ref. Ares(2023)1058525 - 14/02/2023
Commission Regulation (EU) 2022/1616 now requires that
mechanically
recycled content behind a functional barrier be assessed as a ‘novel recycling
technology’ (or subject to additional testing), before it can be authorised as a
‘suitable recycling technology’ providing safe recycled content in food contact
materials. Completion of the full procedure
could take up to 7 years even for
an existing recycling operation: 2-4 years to collect data from sampling of
plastic input batches and decontaminated output batches (where
there is not
yet unequivocal evidence that the functional barrier provides the necessary
protection); 1-2 years for EFSA to assess the suitability of the technology; and
potentially a year for the Commission to authorise it and update the Regulation.
• Prior to adoption of Commission Regulation (EU) 2022/1616, we would also
observe that EFSA has so far granted only a few limited approvals for use of rPE
and rPP in food contact. In general, they have only been for materials from
dedicated collection or closed systems (e.g. crates for produce). This history
reflects some of the challenges of safe mechanically recycled PO.
• In practice, the use of recyclates behind a barrier is not preferred for foodstuff
based on the precautionary principle. There are also concerns about the barrier
causing recyclability issues and the fact that it inevitably results in more
packaging material used without no strict functional need.
•
Therefore, the use of mechanically recycled content behind the barrier would
only be possible after EFSA authorisation under the new Regulation. The
Regulation will also have to assess under which conditions this could safely take
place, which may cover only less challenging applications from a migration
perspective (dry or frozen food) and not all food packaging.
2. We also want to use the occasion to explain the distinct technical challenges
to overcome before mechanically recycled content can be safely incorporated
in flexible polyolefin packaging without a functional barrier
Approximately 70%-80% of household flexible packaging placed on the market in 2019
was reported as polyolefin-based (PE, PP). The use of mechanically recycled polyolefins
in flexible packaging should be seen as distinct to other polymers. Some of the
distinguishing characteristics of flexible polyolefin packaging which pose technical
challenges are:
• About half of primary food packaging units on the European market are flexible,
predominantly plastic, however not all PE or PP on the market is food grade
• Some food grade PE and PP is used in non-contact sensitive applications, meaning it
can no longer be considered as feedstock for recycling into food grade
• It is generally not collected in a dedicated food packaging-only stream
• PE and PP are comparably permeable to contaminants, meaning they do not on their
own form a barrier and have a higher propensity than other polymers to absorb
contaminants
• Flexible PO packaging is much thinner, which has the benefit of using the minimum
amount of material needed to protect a product, but also that the proportion of
potential contaminant to plastic is higher than other formats.
• Flexible packaging is generally produced in reels which are then later formed into
pouches/packs – inside and outside surfaces touch in the reel exposing it to
contaminants
