Rely on a heavy-metals exemption only where a Commission delegated act grants it; the exemptions are now time-limited, subject to marking, information and regular reporting requirements, and reviewable.
Manufacturers relying on a heavy-metals derogation must comply, and this is law in force.
Why it matters
This is law in force, not a proposal.
- It is Art. 5(8), in the Packaging and Packaging Waste Regulation. as of 2026-08-18
- The act gives its timing as: From 12 August 2026 (Art. 71). as of 2026-08-18
- It names 2 industries by name: Glass and Plastics converting. as of 2026-08-18
- Compliance is checked by technical documentation (Annex VII), per derogation. as of 2026-08-18
What changes
Glass packaging in particular: 94/62/EC gave lead crystal glass a standing statutory exemption in Art. 11(2), and PPWR carries no equivalent. Any continuing relief now has to come through a delegated act with conditions attached.
Prior rule vs new rule
packaging entirely made of lead crystal glass
The heavy-metals concentration limits did not apply at all to packaging entirely made of lead crystal glass, with no time limit, no marking duty and no review.
packaging claiming an exemption from the 100 mg/kg limit
Exemptions exist only via delegated act amending Decisions 2001/171/EC and 2009/292/EC, must be justified case by case, time-limited, marked, reported on and regularly reviewed.
Who is affected
Burden drivers
No size threshold.
Source text
Delegated acts adopted in accordance with this paragraph shall only be adopted to amend derogations es
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