European Economic Area

Draft EU End-Of-Waste Criteria Set New Conditions For Recycled Plastics

The EU’s notified draft proposes quality, verification and consignment conditions for recycled plastics to cease being waste. The WTO comments period closed on 20 September 2026.

Dr Steven Brennan

2 min readAI-drafted, expert reviewed

Sorted plastic and recycled polymer pellets in a modern recycling plant

The European Commission notified proposed EU end-of-waste criteria for recycled thermoplastics to the World Trade Organization on 6 August 2026. The notification, G/TBT/N/EU/1229, set a comments deadline of 20 September 2026, which has passed.

The notified text is a draft, not evidence of adopted EU law. It proposes conditions under which thermoplastics and blends recovered through mechanical or solvent-based recycling could cease to be waste.

Input, Processing And Output Conditions

The draft annexes specify eligible inputs, treatment processes and output quality. Annex I, criterion 3.3, requires foreign materials to remain below 1.9% of moisture-free weight. Output intended for export outside the EU must consist of one thermoplastic polymer.

Other conditions address suitability for direct manufacturing use and compliance with chemicals legislation. End-of-waste status would not itself establish suitability or authorisation for food-contact use; additional food-contact requirements remain separate.

Quality Management And Consignment Statements

Producers would need a quality management system, verified every three years. Importers would have to require third-country suppliers to operate a compliant system verified by an eligible body accredited or licensed in an EU Member State. Failure to meet those requirements would mean the imported output was treated as waste.

Each consignment claimed to meet these criteria would require an electronic conformity statement passed to the next operator. Producers or importers would retain a copy for at least five years.

The notification proposed October adoption and application on the first day of the month of entry into force plus six months. Those planning statements do not establish a final adoption or calendar application date.

Questions about this change

Did the EU WTO notification make the proposed recycled-plastic end-of-waste criteria binding?

No. The WTO notification concerns a draft Commission Implementing Regulation. Notification does not itself adopt the proposed EU end-of-waste criteria.

What evidence would the EU draft recycled-plastic end-of-waste criteria require?

The EU draft addresses qualifying thermoplastic waste streams, foreign-material limits, quality-management requirements and conformity statements for consignments. These are proposed conditions, subject to the final adopted text.

Dr Steven Brennan

CEO and co-founder of Foresight, and a co-opted member of ECHA's Committee for Socio-economic Analysis. He holds a PhD in chemical engineering.

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