Recital 26

(26) Conditions for derogations in respect of the concentrations of lead, cadmium, mercury and hexavalent chromium present in packaging or packaging components are established in Commission Decisions 2001/171/EC (13) and 2009/292/EC (14), adopted under Directive 94/62/EC, and should be maintained under this Regulation. However, in order to take account of scientific and technical progress, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of lowering the concentrations for any of those metals laid down in this Regulation or determining the conditions under which the sum of the concentrations of those metals is not to apply to recycled materials or to product loops which are in a closed and controlled chain or to certain packaging types or formats of packaging. On the basis of the Chemicals Strategy for Sustainability, the same concentrations for hazardous substances should, as a principle, apply for virgin and recycled material. However, there may be exceptional circumstances where a derogation from that principle might be necessary. Those exceptional circumstances justifying different concentrations for recycled material compared to primary raw material should be based on a case-by-case analysis. When amending the existing exemptions in respect of the concentrations of lead, cadmium, mercury and hexavalent chromium, the Commission should take that principle into consideration.

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Source: EUR-Lex CELLAR · retrieved 2026-08-26 · Text as adopted (Official Journal); later amendments are not incorporated in this text.