Regulation 2022/1616 controls the entire food-contact recycling chain, starting with waste collection and pre-processing. A RecyClass certificate can support verification of particular controls, but does not replace process authorisation, registration or legally required compliance documentation.
Can any recycled plastic be used in food packaging?
No. Commission Regulation (EU) 2022/1616 establishes a specific system for recycled plastic materials and articles intended for food contact. Control starts at the waste stage and covers the entire chain: collection, sorting, pre-processing, decontamination, further processing, traceability and compliance documentation.
1. Regulation 2022/1616 sets specific rules for recycled plastics
The regulation supplements the general food-contact requirements established by, among other instruments, Regulation (EC) No 1935/2004, Regulation (EU) No 10/2011 and good manufacturing practice rules. It adds requirements arising from the use of plastic derived from waste rather than replacing those instruments.
The key question is therefore not just “Is the polymer compliant?”, but also “Where did the waste come from, how was it prepared, how were potential contaminants removed, and is the whole process controlled?”
2. The recycling chain has several stages
The European Commission describes three principal stages: pre-processing, decontamination and post-processing. Pre-processing may include collection, sorting, shredding and pre-washing.
Decontamination is crucial for chemical safety because it must reduce possible contaminants to a level that allows the material to be used safely.
3. Article 6 establishes requirements before the recycler
Plastic waste intended for the relevant process must meet requirements for origin, previous use, the collection system and contamination control. The regulation also requires quality assurance systems during collection and pre-processing.
The system must ensure that each batch is traceable back to the first sorting of collected plastic waste and must be certified by an independent third party.
4. Not every recycling technology is automatically suitable
The regulation uses the concept of a Suitable Recycling Technology. The Annex I version reviewed for the Polish original lists, among other technologies, post-consumer mechanical PET recycling and recycling in closed and controlled product loops.
The list can change as knowledge and technology develop. Always check the current wording of Annex I rather than relying solely on a technology name used by an equipment supplier.
5. Technology, process and installation are different levels
A technology describes the general combination of principles and methods used to process a particular waste stream. A recycling process is a specific sequence of operations based on that technology. A recycling installation is the actual equipment operating at a particular site.
This distinction matters for registration, authorisation and subsequent inspections.
Owning equipment “based on a known technology” does not, by itself, establish that a particular process has the required legal status.
6. Mechanical PET recycling may require individual process authorisation
For post-consumer mechanical PET recycling, the regulation provides for an individual process assessment. EFSA assesses the process’s ability to decontaminate effectively, and the European Commission decides on authorisation.
A favourable EFSA opinion and a Commission decision have different functions. A scientific opinion should not be presented as equivalent to a final authorisation decision.
7. A challenge test is an important part of evaluating decontamination
For many PET processes, decontamination efficiency is demonstrated through a challenge test. Surrogate contaminants are introduced into the material, and their removal by the process is assessed.
The test primarily validates the process and identifies critical stages and parameters. It is not routine testing of every production batch.
8. The recycler must control actual installation conditions
After process validation, critical parameters become central: for example temperature, pressure or vacuum, residence time and gas flow, depending on the technology. Actual production must remain within the conditions required by the process and any applicable authorisation.
Using equipment with the same trade name does not replace documented control of process parameters.
9. The CMSS describes the installation and compliance monitoring
A Compliance Monitoring Summary Sheet (CMSS) is prepared for a decontamination installation subject to that obligation.
It summarises the installation configuration, procedures, quality system, parameter controls, records and arrangements for traceability.
The CMSS primarily serves the recycler and competent authority. It is not a commercial certificate for a customer and should not be confused with one.
The exception for a product loop or recycling scheme depends on the conditions of Article 9(2), including column 8 of Table 1 in Annex I. It does not extend to novel technologies under Article 10(6). The RecyClass Q&A requires the scheme manager’s instructions in a qualifying scheme instead of the CMSS and the associated authority audit. This is not a general rule for an ordinary open post-consumer PET stream.
10. A Declaration of Compliance passes requirements down the chain
Recycled plastic placed on the market must be accompanied by the appropriate Declaration of Compliance under Article 29 and Annex III. The recycler uses it to pass on the information and instructions the converter needs to use the material correctly.
The regulation provides separate templates for recyclers and converters. Documentation supports continuity of compliance beyond the recycling site’s gate.
11. RecyClass supports process control but does not replace the law
RecyClass develops Food Contact requirements at several points in the chain, including Module Alpha for Sorting Process and Modules A1/A2 for the relevant Recycling Process stages. These schemes can support verification of the system, traceability and process controls.
A RecyClass certificate is nevertheless not a food-contact authorisation, a Commission decision or a general confirmation of full compliance with Regulation (EU) 2022/1616.
12. Buying “food-grade rPET” requires document checks
A packaging manufacturer should check more than the material name and PCR content.
Relevant information includes origin, identification of the recycler and installation, the applicable process, restrictions on use, Declarations of Compliance and information passed downstream.
The commercial term “food-grade” does not replace documentation required for the particular material, batch and application.
13. The 2025/351 amendment: input and output purity
Article 2 of Regulation (EU) 2025/351 amended Article 4(2) of Regulation 2022/1616. Chapters II, III and V of Regulation 10/2011 still apply. The exception from Article 8(1) concerns contaminants in the input and output of decontamination processes; their quality and purity are governed by Regulation 2022/1616. This does not exempt recycled plastic from safety assessment.
Article 4 of Regulation 2025/351 allows stocks of plastic materials and articles complying with the previous requirements of Regulation 10/2011 and other relevant EU legislation to be exhausted if they were first placed on the market before 16 September 2026. An earlier manufacturing date alone is insufficient.
Frequently asked questions
Does Regulation (EU) 2022/1616 apply only to PET?
No. It covers recycled plastic food-contact materials more broadly. Post-consumer mechanical PET recycling is one of the principal suitable technologies listed in the Annex I version reviewed for this article.
Is a RecyClass certificate sufficient to establish that rPET is suitable for food contact?
No. Certification may verify particular system and process controls, but it does not replace legal requirements, process authorisation, registration or the appropriate compliance documentation.
Do all PET recyclers face the same requirements?
No. The scope depends on the position in the chain, operations performed, technology, process status and intended material use.
Does compliance start only at decontamination?
No. Article 6 establishes significant requirements for waste collection and pre-processing.
Which version of the regulation should be used?
Use the consolidated text applicable on the date of assessment, as published in EUR-Lex. The Polish original’s source review refers to the consolidated version of 3 December 2025.