A draft implementing regulation, formally notified to the WTO on 6 August 2026, would for the first time set common rules, valid across all Member States, for the moment at which recycled plastic legally ceases to be waste
- The European Commission notified the WTO, on 6 August 2026, of a draft implementing regulation on End-of-Waste (EoW) criteria for plastic waste, based on Article 6(2) of the Waste Framework Directive 2008/98/EC.
- The WTO comment deadline is 20 September 2026. The regulation is NOT adopted and NOT in force.
- The scope covers thermoplastic polymers and blends of thermoplastic polymers, "regardless of polymer type", with PE, PET, PP, PS and PVC explicitly named as examples in a recital of the draft.
- Only mechanical recycling and solvent-based recycling are covered. Pyrolysis and other chemical recycling technologies remain, for now, outside the scope.
- The draft confirms a threshold of below 1.9% foreign material, calculated on the moisture-free weight of the recycled plastic – the figure circulating in the market is correct, according to the official text.
- External verification of the quality management system every three years, by an accredited conformity assessment body or an environmental verifier, is also confirmed.
- The chapter on importers is among the strictest in the draft: if a supplier in a third country lacks a properly verified quality management system, the imported material is treated, legally, as waste, not as a product.
- Achieving End-of-Waste status does not automatically equate to eligibility for food contact; decontamination and compliance with the specific legislation on food-contact materials are additionally required.