Regulation (EC) 282/2008

Regulation (EC) No 282/2008, adopted on 27 March 2008, set out specific rules on the use of recycled plastic materials and articles intended to come into contact with food. Its main aim was to safeguard food safety where recycled plastics were used in packaging, bottles and other items in contact with products for human consumption.

Important: this regulation has been repealed. Since 10 October 2022 it has been replaced by Commission Regulation (EU) 2022/1616 on recycled plastic materials and articles intended to come into contact with food, which extends the rules to all recycling technologies and closes gaps that the earlier regime left open. The 2008 text is therefore of historical and reference value, while current obligations follow Regulation (EU) 2022/1616.

What Regulation (EC) 282/2008 aimed to do

1. Protect public health by preventing the migration of contaminants into food.
2. Establish harmonised criteria across the EU for using recycled plastics in food contact.
3. Encourage the safe recycling of plastics within the circular economy.
4. Support industrial innovation in recycling systems and the production of safe packaging.

Scope

The regulation applied to:

• Recycled plastic materials and articles intended to come into contact with food.
• The recycling processes used to produce such recycled plastics.

It did not apply to recycled plastics intended for non-food uses.

Key requirements

1. Authorisation of recycling processes

• Only recycling processes previously authorised by the European Commission could be used.
• The safety assessment was carried out by the European Food Safety Authority (EFSA).

2. Risk assessment

• It had to be demonstrated that the recycling process removed potential contaminants.
• EFSA analysed scenarios for the migration of substances into food.

3. Traceability

• Full traceability of the recycled material had to be guaranteed.
• Suppliers, batches and processes had to be recorded.

4. Labelling and information

• Recycled materials and articles had to be clearly identified and to comply with Regulation (EC) 1935/2004 on materials in contact with food.

What changed with Regulation (EU) 2022/1616

• It covers all recycling technologies, not only the limited set addressed in 2008.
• It introduces a Union register of recyclers, recycling processes and installations.
• It clarifies how recycled materials may be developed and used, strengthening the protection of human health.

Link with the circular economy

Both the 2008 rules and the 2022 regulation are strategic within the European Strategy for Plastics in a Circular Economy (2018), as they make it possible to use recycled plastics in food packaging safely. This helps reduce the use of virgin fossil-based plastics, supports a stable market for high-quality recycled plastics and advances EU plastic packaging recycling targets.

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