Draft Commission Implementing Regulation laying down rules for the application of Directive 2008/98/EC of the European Parliament and of the Council as regards criteria to determine when plastic waste ceases to be waste

The Regulation applies to producers recycling waste consisting of thermoplastic polymers and their blends in the Union and placing plastic recyclate on the market, as well as importers of such recyclate from recycling facilities in third countries. Recyclates must meet the Annex end-of-waste criteria concerning input plastic waste, treatment processes, output-plastic quality, intended use and market demand, product-law compliance, and environmental and human-health protection in order to cease being waste. Output used for energy recovery, chemical or fuel production, or backfilling cannot obtain that status. Producers must establish a quality management system, subject to verification every three years, covering monitoring, record keeping, customer feedback, corrective improvement and staff training. Importers must ensure equivalent systems are implemented and verified for third-country suppliers; otherwise, imported output is managed as waste.