(fra kommisjonsbeslutningen)

(1) Regulation (EU) 2025/40 of the European Parliament and of the Council lays down environmental sustainability and labelling requirements for the entire life cycle of packaging in order to allow its placing on the market. 

(2) In accordance with Article 5(4) of Regulation (EU) 2025/40, the sum of concentration levels of lead, cadmium, mercury and hexavalent chromium present in packaging or packaging components is not to exceed 100 mg/kg. 

(3) Under the regime established by European Parliament and Council Directive 94/62/EC, which was repealed by Regulation (EU) 2025/40, the concentration levels for the sum of lead, cadmium, mercury and hexavalent chromium laid down in Article 11(1) of that Directive did not apply, pursuant to Article 11(2) thereof, to packaging or packaging components made entirely of lead crystal glass within the meaning of Council Directive 69/493/EEC. 

(4) Commission Decision 2001/171/EC, adopted on the basis of Article 11(3) of Directive 94/62/EC, establishes conditions under which glass packaging may exceed the heavy metal concentration levels laid down in Union legislation on packaging and packaging waste where such exceedance results from the use of recycled glass. 

(5) Regulation (EU) 2025/40 does not provide for the general derogation previously applicable to packaging made entirely of lead crystal glass. Packaging made entirely of lead crystal glass contains, by definition, high concentrations of lead oxide and therefore cannot comply with the concentration level limit established in Article 5(4) of Regulation (EU) 2025/40. 

(6) In light of scientific and technical progress, it is necessary to establish specific conditions governing the time-bound and conditional derogation for such packaging pursuant to Article 5(8) of Regulation (EU) 2025/40. 

(7) Several crystal glass producers demonstrated that scientific and technical progress towards the development and industrial deployment of lead-free crystal glass has already been achieved. They have developed and tested lead-free compositions and have initiated investments in new production processes capable of reducing or eliminating the use of lead. However, the transition remains technically complex because furnaces, cullet streams and production environments retain residual lead contamination originating from the historical lead-based production processes. Compliance with the 100 mg/kg threshold therefore requires the deployment of dedicated lead-free production infrastructure and the gradual elimination of residual contamination throughout the manufacturing process. 

(8) The production and marketing of crystal glass packaging is organised through a limited and identifiable chain involving a small number of crystal glass producers and their customer houses. Packaging returned for recycling can be traced to the original crystal glass producer through permanent markings and returned through established commercial channels, allowing recycled crystal glass to be reintroduced into the manufacturing process under controlled conditions. Such arrangements contribute to the operation of a closed and controlled loop within the meaning of Article 5(8) of Regulation (EU) 2025/40. 

(9) The production of lead crystal glass packaging within the Union is limited in volume and mainly concerns high-value packaging intended for luxury products in the spirits, perfume and cosmetics sectors. A significant part of that production is exported outside the Union.

(10) Packaging intended for prolonged contact with liquids is subject to a dealkalisation treatment that creates a silica barrier layer on the inner surface of the crystal glass. Scientific studies conducted by the French Alternative Energies and Atomic Energy Commission (CEA) indicate that this treatment substantially reduces lead release into contents and remains effective over prolonged periods of use. Crystal glass producers should continue to apply such treatment to maintain a high level of health protection during the transition period. 

(11) In view of the limited production volumes of crystal glass packaging, the temporary nature of the derogation and the industry's commitment to complete the transition towards lead-free crystal glass within a limited timeframe, it is appropriate to establish specific conditions for the application of the derogation from Regulation (EU) 2025/40 to packaging made entirely or partially of crystal. 

(12) In order to ensure legal certainty and avoid disproportionate disruption to the supply chains concerned, the derogation should apply until 31 December 2029. The crystal glass industry has committed to cease lead crystal production by 31 December 2028. An additional period until 31 December 2029 is necessary to allow the completion of finishing operations, including cold glass working, shipment of packaging already manufactured, and the placing on the market of products by downstream users in accordance with the commercial cycles applicable in the luxury perfume, cosmetic and spirits sectors. A shorter period would risk the destruction of packaging already produced and paid for, without contributing to an earlier industrial transition. 

(13) Decision 2001/171/EC should therefore be amended accordingly. 

(14) The measures provided for in this Decision are consistent with the objectives of Regulation (EU) 2025/40 and ensure a proportionate and temporary accommodation of the specific situation of crystal glass packaging while supporting the transition towards more sustainable packaging materials,