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 C

Official Journal of the European Union

EN
L series

2026/1948

28.10.2026

COMMISSION DELEGATED DECISION (EU) 2026/1948
of 12 August 2026

amending Decision 2001/171/EC as regards crystal glass packaging
(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC ( 1 ) , and in particular Article 5(8) thereof,

Whereas:

(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Under the regime established by European Parliament and Council Directive 94/62/EC ( 2 ) , which was repealed by Regulation (EU) 2025/40, the concentration levels for the sum of lead, cadmium, mercury and hexavalent chromium laid down in Article 11(1) of that Directive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 ( 3 ) .

(4)

Commission Decision 2001/171/EC ( 4 ) , 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,

HAS ADOPTED THIS DECISION:

Article 1

Amendments to Decision 2001/171/EC

Decision 2001/171/EC is amended as follows:

(1)

Article 2 is replaced by the following:

‘Article 2
For the purposes of this Decision, the definitions in Article 3 of Regulation (EU) 2025/40 shall apply.
The following definitions shall also apply:

(1)

“intentionally introduced” means deliberately utilised in the formulation of a packaging or a packaging component where its continued presence is desired in the final packaging or packaging component to provide a specific characteristic, appearance, or quality; the use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of regulated metals, is not be considered as intentionally introduced;

(2)

“crystal glass packaging” means packaging made entirely or partially of crystal glass categories listed in Annex I to Council Directive 69/493/EEC ( *1 ) ;

(3)

“crystal glass producer” means the undertaking manufacturing crystal glass packaging;

(4)

“closed and controlled loop” means a system in which crystal glass packaging is placed on the market through identifiable commercial channels, permanently marked to enable identification of the crystal glass producer, returned through controlled collection arrangements, and recycled by reintroduction into the manufacturing process of the crystal glass producer from which the packaging originated.

( *1 ) Council Directive 69/493/EEC of 15 December 1969 on the approximation of the laws of the Member States relating to crystal glass ( OJ L 326, 29.12.1969, p. 36 , ELI: http://data.europa.eu/eli/dir/1969/493/oj ).’;"

( ) Council Directive 69/493/EEC of 15 December 1969 on the approximation of the laws of the Member States relating to crystal glass ( OJ L 326, 29.12.1969, p. 36 , ELI: http://data.europa.eu/eli/dir/1969/493/oj ).’;

(2)

the following Articles 5a, 5b and 5c are inserted:

‘Article 5a

1. For the purposes of this Article, “manufactured” means made or produced using the process of having combined individual raw materials at high temperature to form molten glass.

2. By way of derogation from Article 5(4) of Regulation (EU) 2025/40, crystal glass packaging shall be allowed to exceed the concentration levels referred to in that provision until 31 December 2029, provided that it complies with Articles 5b and 5c of this Decision.

3. Crystal glass packaging containing lead that is either intentionally introduced or introduced as a result of residual contamination may only be manufactured until 31 December 2028.

4. Crystal glass packaging manufactured before 31 December 2028 may continue to be subject to finishing operations, including cold glass working, filled, labelled, distributed and placed on the market until 31 December 2029.

Article 5b

1. Lead shall only be intentionally introduced insofar as necessary for the manufacture of crystal glass packaging.

2. Crystal glass packaging covered by the derogation provided for in Article 5a shall undergo a dealkalisation treatment or an equivalent process ensuring the formation of a surface barrier limiting the release of lead into the contents.

3. Crystal glass producers shall take all appropriate measures to support the transition towards lead-free crystal glass production and shall cease the manufacture of crystal glass packaging containing intentionally introduced lead by 31 December 2028.

Article 5c

1. Crystal glass packaging covered by the derogation provided for in Article 5a shall bear a permanent marking enabling identification of the crystal glass producer responsible for its manufacture.

2. Economic operators placing products in crystal glass packaging on the market shall make information available to end users concerning the possibility of returning such packaging for recycling free of charge.

3. Crystal glass packaging returned for recycling shall be transferred, directly or through established commercial channels, to the crystal glass producer identified by the permanent marking referred to in paragraph 1.

4. Crystal glass packaging returned for recycling may be reintroduced into the manufacturing process of the crystal glass producer from which it originated.

5. Crystal glass producers shall maintain appropriate records demonstrating the operation of the closed and controlled loop for crystal glass packaging and shall make such records available to competent authorities and the Commission upon request.’

.

Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union .

Done at Brussels, 12 August 2026.

For the Commission

The President

Ursula VON DER LEYEN

( 1 )
OJ L, 2025/40, 22.1.2025, ELI: http://data.europa.eu/eli/reg/2025/40/oj .

( 2 ) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste ( OJ L 365, 31.12.1994, p. 10 , ELI: http://data.europa.eu/eli/dir/1994/62/oj ).

( 3 ) Council Directive 69/493/EEC of 15 December 1969 on the approximation of the laws of the Member States relating to crystal glass ( OJ L 326, 29.12.1969, p. 36 , ELI: http://data.europa.eu/eli/dir/1969/493/oj ).

( 4 ) Commission Decision 2001/171/EC of 19 February 2001 establishing the conditions for a derogation for glass packaging in relation to the heavy metal concentration levels established in Directive 94/62/EC on packaging and packaging waste ( OJ L 62, 2.3.2001, p. 20 , ELI: http://data.europa.eu/eli/dec/2001/171/oj ).

ELI: http://data.europa.eu/eli/dec_del/2026/1948/oj
ISSN 1977-0677 (electronic edition)