On December 23, 2025, the European Commission published a draft implementing regulation that proposes harmonized criteria for determining when plastic waste is no longer considered waste and may be placed on the market as a product, referred to as “plastic recyclate.” The proposal seeks to support the EU single market for secondary raw materials, ease administrative requirements for recyclers, and advance circular economy objectives by securing a consistent supply of high-quality recycled plastics. The draft is open for public consultation until January 26, 2026, and is expected to come into effect on July 1, 2026.
Main Elements of the Draft Regulation
The proposal sets out detailed requirements that plastic waste must satisfy to qualify for end-of-waste status. These conditions apply across the full recycling process, from the acceptance of input materials to the quality of the final recyclate. The scope includes thermoplastic polymers—such as PE, PET, and PP—processed through mechanical or solvent-based recycling methods.
Input Materials and Recycling Processes
Input Waste Standards: Only non-hazardous plastic waste may be used as feedstock. Certain waste streams, including most medical waste and used absorbent hygiene products, are specifically excluded. Recycling operators are required to establish controls to verify the quality of incoming waste.
Recycling Methods: The regulation applies to mechanical and solvent-based recycling processes that do not deliberately modify polymer structures. These processes must produce recyclates that comply with all applicable EU chemicals legislation, including REACH and rules governing Persistent Organic Pollutants (POPs).
Output Requirements and Purity Limits
Foreign Material Threshold: The recycled plastic must contain less than 1.9% foreign matter—such as other polymers or non-plastic materials like metal or glass—calculated on a moisture-free basis.
Export Conditions: For plastic recyclates intended for export outside the EU, additional requirements apply. The material must consist of a single thermoplastic polymer type, although blends of polyethylene (PE), polypropylene (PP), and/or polyethylene terephthalate (PET) are allowed.
Chemical Compliance: The final recyclate must not be classified as hazardous and must meet all applicable substance restrictions under EU legislation.
Compliance and Oversight Mechanisms
Quality Management System (QMS): Producers are required to operate a certified QMS demonstrating ongoing compliance with end-of-waste criteria. This system must be independently verified every three years by an accredited conformity assessment body or environmental verifier. Importers must also ensure that non-EU suppliers maintain a verified and compliant QMS.
Statement of Conformity: Each batch of plastic recyclate must be accompanied by a Statement of Conformity issued by the producer or importer, confirming compliance with all regulatory requirements. This declaration must be passed along to subsequent operators in the supply chain.
