How the packaging label decree has changed

Recently, the decree in force since 2006 regarding packaging labeling has been amended. Since the end of September 2020, Italian manufacturers face penalties for missing or deficient packaging marking.

This measure has created quite a few difficulties for the manufacturing and printing sectors, which will have to adapt quickly to the newly imposed regulatory updates.

Specifically, the amendment to the decree was implemented following the European directive on the circular economy issued in 2018. Consequently, Legislative Decree No. 116 of September 3, 2020, was promulgated in Italy, coming into force on September 26.

What does the new regulation provide for?

The main advantage of the new regulation lies in the fact that it should facilitate separate collection, recycling, and recovery, as well as offer consumers clear information on final destinations.

However, on a practical level, the new decree establishes that the lack of packaging marking is to be attributed to the manufacturer, and the measure is intended to take immediate effect.

This aspect puts packaging manufacturers in a difficult position, as they have not had sufficient time to comply with the regulation and, simultaneously, have not had the time to deplete their stocks and review with their clients how to redesign the packaging.

With Legislative Decree No. 116 of September 3, 2020, published in the Official Gazette No. 226 of September 11, 2020, and effective from September 26, 2020, monetary fines were also established for the missing or incomplete transmission of information data.

This legislation stems from the need to align with the decisions of the European Parliament and Council to move toward a circular economy. In this way, member states can take action to preserve resources that can be recovered, setting targets to be achieved by 2025, with the recovery of at least over half of municipal waste, while for packaging it is necessary to reach at least the 65% threshold.

What are the main changes compared to the past?

Compared to past legislation, an amendment has been made to Article 219, which concerns the guiding criteria for the management of packaging waste related to Legislative Decree No. 152 of April 3, 2006.

In particular, some words in paragraph 5 have been modified, which in the previous version expressed the following concept:

"All packaging must be appropriately labeled in accordance with the procedures established by decree of the Minister of the Environment and Territorial Protection in agreement with the Minister of Productive Activities in compliance with the determinations adopted by the Commission of the European Union, to facilitate the collection, reuse, recovery, and recycling of packaging, as well as to provide correct information to consumers on the final destinations of the packaging. The aforementioned decree shall also prescribe the obligation to indicate, for the purposes of identification and classification of the packaging by the industry concerned, the nature of the packaging materials used, based on Commission Decision 97/129/EC."

Subsequently, an implementing decree was never issued that should have specified the times and methods of the new procedures. Since 2006, in fact, reference has always been made to some indications on how packaging should be marked, without ever putting any measure into effect in this regard that could standardize the entire market.

Legislative Decree No. 116 of September 3, 2020, now provides that the implementing decree is replaced by the applicable UNI technical standards, in addition to specifying that: “Manufacturers also have the obligation to indicate, for the purposes of identification and classification of the packaging, the nature of the packaging materials used, based on Commission Decision 97/129/EC.”

What are the problems resulting from the changes?

In the absence of the implementing decree, reference must be made to the applicable UNI technical standards and the obligation to state packaging information to manufacturers, with immediate effect.

With the definition of this obligation, administrative sanctions were also introduced for manufacturers violating the rule. All this, however, brings confusion to the packaging world, introducing above all a series of issues to which the government is called to respond more effectively.

Indeed, the regulation, as imposed, puts manufacturers in a difficult position who:

• Have not had the time to deplete their stocks.
• Have not had the time to modify their systems for this purpose, a task that takes 3-4 weeks, particularly for remaking and approving printing plates and printing the labels themselves.
• Without the necessary exemptions, would have to remake the packaging for products that require a seasoning period once packaged (e.g., wine and cheeses).
• Lack a clear and explanatory legend indicating the application symbols.
• Lack precise indications regarding the size and space requirements of the symbols on the packaging. The reference regulation (EC) 97/129 appears incomplete because it only includes some materials but not all.
• Lack the time frames to rethink packaging designs already in progress.

In this sense, also on Confindustria's initiative, corrective measures have been requested from the Ministry of the Environment to offer printers the opportunity to deplete stocks and adapt printing plants.

Negotiations have just begun, with the feedback collected by Confindustria in a document sent on October 14, 2020, through which they want to shed light on the difficulties and critical issues within the sector.

Surely, a solution is desirable that allows for a reasonable compromise, leading companies to adapt following certain and defined rules both regarding the production of cardboard packaging and other types.

Meanwhile, to obviate the issues explained, Conai has made available a series of guidelines and an operational tool, viewable at e-tichetta.org, with the aim of providing indications for packaging marking.

Although made available by a nationally recognized body, the tools proposed by Conai are not yet officially validated by the Ministry. In this regard, the email address epack@conai.org has been set up to offer users the possibility to send their reports and express their doubts.

If these tools are used, it is important to inform your customers of their provisional nature. This advice is recommended from the moment the Ministry could request any adjustments and provide new indications, which would require a new adaptation of the printing systems and new costs to be borne.