Mandatory environmental labeling for packaging is triggered: an initial review of key measures in ministerial guidelines

Introduction

Environmental labeling consists of the indication on each packaging, of the materials of which it is composed and of its correct method of disposal, through the use of an appropriate label or reference to a digital source; this measure was conceived at the European level in order to improve and simplify the proper management of packaging waste and is to be considered as an operation completely unrelated to the labeling obligations of the product possibly contained in the packaging itself.

The environmental labeling obligation, provided for in the Italian legislation by Legislative Decree 152/2006 (T.U. Ambientale), art. 219 paragraph 5 and, for biodegradable or compostable packaging, art. 182 ter, as amended by Legislative Decree 116/20201, after several extensions, finally comes into force on 1.01.2023.

Considering the impact that environmental labeling may have for all companies operating in the Italian and European markets, the Ministry of Ecological Transition (MITE), with Decree of a non-regulatory nature No. 360 of 28.09.2022, adopted special “Guidelines on the labeling of packaging pursuant to Art. 219 paragraph 5 of Legislative Decree 152/2006 as amended ”;

The document in question represents the fruit of technical work carried out for more than a year by the National Packaging Consortium (CONAI) and has a twofold objective: on the one hand, to help all those who operate within the European market to correctly apply the regulations on environmental labeling so as to avoid incurring the relevant fines and, on the other hand, to support consumers, in many cases the final recipients of packaging, to proceed with its proper disposal and, when possible, with its separate collection.

This article analyzes the aforementioned ministerial guidelines and aims to provide an initial insight into their main areas of application.

Necessary and voluntary information

The guidelines under consideration clarify, first of all, the necessary information that will have to be present on the label of each packaging placed on the market as of'1.01.2023. Packaging that is already in the availability of companies as of Dec. 31, 2022, on the other hand, is excluded from the environmental labeling requirement and may be used while stocks last. Also excluded from the application of the ministerial guidelines are all packaging used for drugs and medical devices, for which industry regulations already have specific labeling obligations2.

With regard to the necessary information, according to the regulations on environmental labeling, all packaging, whether it is intended for consumers or professionals (B2C and B2B circuits, respectively) and whether it is provided for sale or free of charge, must include information on the type of packaging materials used, according to the identification and classification provided for in Decision 97/129/EC3 and this information obligation falls directly on the producer.

All packaging intended only for consumers (B2C circuit), whether provided for sale or free of charge, must also carry information on its proper disposal once its life cycle has ended.4 So-called packaging. “multicomponent” i.e., composed of several “parts that the user can completely separate (except for any insignificant residue of material that may remain adhered after separation), and without risk to his health and safety, from the main body with the sole use of his hands and without having to resort to additional tools and utensils”5, must carry the above necessary information for each component that forms the entire packaging.

A different regulation è provided for biodegradable and compostable packaging, which, pursuant to Art. 182 ter Legislative Decree 152/2006 and ss. mm, must be collected and recycled together with organic waste upon the simultaneous occurrence of the following conditions: the first consists in their certification in accordance with the European standard UNI EN 13432 (provided for packaging recoverable by biodegradation and composting), issued by an appropriate accredited body6; the second consists in reporting, on the relevant environmental label, the aforementioned conformity;, together with the identification data of the producer and the certifying body, and together with the indication of their correct disposal methods in the circuit of separate collection and recycling of organic waste (the latter information is understood to be necessary only for packaging intended for consumers).

The ministerial guidelines also report some optional information that can be added in the environmental label, so as to make the final consumer even more aware of the specific characteristics of the received packaging and its correct way of disposal and possible recycling7.

Manner of communicating information: physical label and use of digital channels

The most interesting aspect of the guidelines under consideration undoubtedly concerns the manner in which the information on the environmental label is communicated to the public. The information in question, both required and optional, can be affixed directly to the packaging placed on the market through the use of an actual physical label, or, alternatively or supplemented, it can be made available through the use of appropriate digital channels (apps, QR codes, websites...), in accordance with the goal of development and technological innovation set forth in the National Recovery and Resilience Plan (NRP). The entity obliged to proceed with environmental labeling, if it decides to use appropriate digital channels, will have to provide the user with clear and complete instructions, allowing him/her to easily reach all useful information. Each company will be able to decide which of the aforementioned modes of environmental labeling to adopt and will therefore be free to evaluate the one it deems most effective in achieving its ultimate goal, which is to clearly provide all the information on the correct way to manage the waste of individual packaging.

Conclusions

With the entry into force, as of Jan. 1, 2023, of mandatory environmental labeling, Italy is taking an important step toward adopting those measures required by Europe to improve the environmental sustainability of each member country. The ministerial guidelines examined in this article represent a first useful tool to help companies and end consumers themselves approach the correct use of environmental labeling, whose greatest strength is the possibility of using the so-called “digitization of labels”. The use of digital technology in this area, in fact, makes it possible to provide as much information as possible on each type of packaging (making it available to more people, for example, by translating it into different languages), helps the activity of collecting and updating that same information, and makes it easier for anyone with an interest in it to reach it.
 

1 Legislative Decree 116/2020 implements the European Directive 2018/851 on waste and the European Directive 2018/852 on packaging and packaging waste.

2 Therefore, with reference to Decision 97/129/EC, the relevant alphanumeric code will have to be indicated and for plastic packaging made of polymers or their combination not expressly provided for in Decision 97/129/EC, reference can be made to the UNI EN ISO 1043-1 standards for identification.
3 MITE'11.11.2022 response No. 141128, following a questionnaire submitted by Confindustria.
4 The guidelines recommend indicating the prevailing material family by weight, accompanied by the formula “Separate collection” such wording, in fact, is already in line with’Article 11 of the European Waste Directive.
5 Definition provided on page 15 of the Ministerial Guidelines under review.
6 Certification of biodegradability and compostability is issued by accredited third-party bodies. The’accreditation of these bodies takes the form of a procedure of attestation about their independence and impartiality, by the’Single National Accreditation Body, which in Italy è Accredia.
7 Examples of optional information: type of packaging; tips for quality separate collection; indication for consumers to check their municipality's regulations on separate collection of materials