Repeal
Article 30
Regulation (EC) No 282/2008 is repealed.
Commission Regulation (EU) 2022/1616 CHAPTER IX — FINAL PROVISIONS
Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
Transitional provisions
Article 31
1. Recycled plastic materials and articles obtained by means of a recycling process based on a suitable recycling technology for which this Regulation requires the individual authorisation of recycling processes and for which a valid application has been submitted to the competent authority in accordance with Article 5 of Regulation (EC) No 282/2008, or for which an application is submitted in accordance with Articles 17(1) or 22(1) of this Regulation at the latest may be placed on the market until the applicant withdraws its application, or until the Commission adopts a decision granting or refusing authorisation of the recycling process pursuant to Article 19(1). 2. Applications submitted in accordance with Regulation (EC) No 282/2008 for the authorisation of recycling processes based on a recycling technology that is not included as a suitable recycling technology in Annex I at the time of entry into force of this Regulation and for product loops which are in a closed and controlled chain shall be deemed terminated. 3. Recycled plastic materials and articles obtained by means of recycling processes based on a recycling technology that is not considered suitable by this Regulation may continue to be placed on the market only until 10 July 2023, unless manufactured with a recycling installation that is operated for the purpose of development of a novel technology in accordance with Chapter IV. 4. For the purposes of this Regulation, the start date of a decontamination installation that was used to produce recycled plastic before 10 October 2022 shall be 10 December 2022 for a decontamination installation which is based on a suitable recycling technology, or 10 June 2023 for a decontamination installation that is operated for the purpose of development of a novel technology in accordance with Chapter IV. 5. By derogation to the time limit specified in Article 10(2), developers of technologies already in use to manufacture recycled plastic materials and articles before 10 October 2022 shall provide the information required in accordance with Article 10(3) and publish the report required in accordance with Article 10(4) before 10 April 2023. The time limit of 5 months referred to in the first subparagraph of Article 10(8) shall apply from the date on which the competent authority receives the information in accordance with Article 10(3). The possibility for a competent authority to delay the start of the operation of the first decontamination installation set out in the second sub-paragraph of Article 10(8) shall not apply. 6. Food business operators may use recycled plastic materials and articles legally placed on the market to pack food and place that on the market until exhaustion of stocks.
Specific transitional provisions applicable to the manufacture of materials and articles in which the recycled plastic is used behind a functional barrier
Article 32
1. The following additional requirements shall apply to the operation of recycling installations that already manufactured recycled plastic materials and articles in which the recycled plastic is used behind a plastic functional barrier before 10 October 2022: (i) the decontamination installation manufacturing the recycled plastic as well as any post-processing installation adding the functional barrier is included in a list of installations submitted by a developer notifying the specific recycling technology applied by all the installations on the list in accordance with Article 10(2); and, (ii) results from migration tests, challenge tests, and/or migration modelling, as appropriate and applicable to the notified recycling technology and to the specifics of the process that the recycling installation applies, unequivocally show that the functional barrier is capable, taking into account the contamination level of the recycled plastic, of acting as a functional barrier in accordance with Regulation (EU) No 10/2011 during the foreseeable shelf-life of the manufactured recycled plastic materials and articles, which comprises the time from their manufacture onwards, and the maximum shelf-life of the packaged food, if any. The developer shall communicate the list referred to in point (i) and a study report incorporating the test results required under point (ii) to the competent authority and to the Commission before 10 April 2023. A robust summary of the study shall be part of the initial report published in accordance with Article 10(4). 2. Individual recyclers, converters or other operators participating in the manufacture of the materials referred to in paragraph 1 shall not act as developer in accordance with point (i) thereof. In case the developer of a specific technology is the individual recycler, converter or other operator using the installation or part thereof, or may not be identified, does no longer exist or is not willing to assume the obligations laid down in this Regulation, at least one of the operators using the installation shall join a consortium or association that can act as developer on its behalf, or ask an independent third party to act as developer. Where a consortium, association or third party receives multiple requests from such operators, it shall group these requests on the basis of the technical equivalence of the applied recycling installations and processes with the purpose to minimise the number of technologies it notifies. 3. By derogation to Article 13(1), recyclers operating decontamination installations notified by the same developer may agree to monitor the contamination levels in only a third of the installations included in the list provided in accordance with point (i) of paragraph 1, provided that the installations where the monitoring is carried out are designated on that list, monitoring is carried out at all recycling facilities, and the robustness of the overall sampling strategy is not reduced.
Entry into force
Article 33
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . Article 6(3)(c) and 13(2) shall apply from 10 October 2024.
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