Crystal glass packaging may exceed the 100 mg/kg limit for the sum of lead, cadmium, mercury and hexavalent chromium until the end of 2029 — lead crystal may only be manufactured until the end of 2028, with dealkalisation and in a closed loop
Commission Delegated Decision (EU) 2026/1948, published in the Official Journal of the EU on 28 October 2026, introduces a temporary derogation for crystal glass packaging from Article 5(4) of Regulation (EU) 2025/40 on packaging and packaging waste, under which 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. The derogation applies until 31 December 2029; the decision entered into force on the day following its publication.
- Directive 94/62/EC exempted packaging made entirely of lead crystal glass from the heavy metal limit (Article 11(2)); Regulation (EU) 2025/40, which repealed that directive, provides for no such general derogation, and lead crystal by definition contains high concentrations of lead oxide and cannot meet the limit. According to the recitals, producers have already developed lead-free compositions, but furnaces, cullet streams and production environments retain residual lead contamination from historical processes, so reaching 100 mg/kg requires dedicated lead-free production infrastructure.
- Decision 2001/171/EC establishes the conditions under which glass packaging may exceed the heavy metal concentration levels where this results from the use of recycled glass; the new Articles 5a and 5b add conditions for crystal glass. Packaging containing lead that is intentionally introduced or introduced as a result of residual contamination may only be manufactured until 31 December 2028, and packaging manufactured earlier may be finished (including cold glass working), filled, labelled, distributed and placed on the market until 31 December 2029. Lead may only be intentionally introduced insofar as necessary for manufacturing, and the packaging must undergo dealkalisation or an equivalent process forming a surface barrier that limits the release of lead into the contents — according to recital 10, studies by the French Alternative Energies and Atomic Energy Commission (CEA) indicate that the silica barrier layer created by dealkalisation substantially reduces that release.
- Closed and controlled loop (Article 5c): a permanent marking identifying the crystal glass producer, information for end users on returning the packaging for recycling free of charge, transfer of returned packaging to the producer identified by the marking with the possibility of reintroducing it into that producer’s manufacturing process, and records kept by the producer demonstrating the loop and made available to competent authorities and the Commission on request. According to recital 9, this mainly concerns high-value packaging for spirits, perfumes and cosmetics, a significant part of which is exported outside the EU.
- In the decision, crystal glass packaging means packaging made entirely or partially of the crystal glass categories listed in Annex I to Directive 69/493/EEC, and under Article 6 of that directive only the methods of its Annex II may be used to verify the characteristics of a category. These are: determination of the sum of BaO and PbO gravimetrically as sulphates after attack with hydrofluoric and sulphuric acids, determination of BaO (gravimetrically as BaSO₄), ZnO (complexometric titration) and K₂O (gravimetrically as potassium tetraphenylborate) with a tolerance of ±0.1 in absolute value and the average of at least three analyses when the result is, within the tolerance, below the 30, 24 or 10 % limits, as well as density by hydrostatic balance (sample of at least 20 g, distilled water at 20 °C), refractive index by refractometer and Vickers microhardness according to ASTM E 92-65 with a 50 g load (average of 15 determinations).