Legislative Decree 116/20 in introducing mandatory environmental labeling of packaging has raised many doubts and concerns. In order to support enterprises in the implementation of the regulations, the Minister of Ecological Transition then released, on 03/15/22, the “Guidelines on the Labeling of Packaging Pursuant to Article 219 Paragraph 5 of Legislative Decree 152/2006, as amended.”
Environmental packaging labeling. Foreword
Legislative Decree 116/20, published in the OJ on September 11, 2020, as noted, amended the Environmental Code (Legislative Decree 152/06) (1) and introduced the following obligations, on goods destined for the domestic market:
(1) the requirement to identify packaging materials by appropriate alphanumeric code, according to Decision 129/1997/EC, and
2) To indicate the proper end-of-life management of packaging intended for the end consumer.
The implementation of the environmental labeling requirements was then postponed to Dec. 31, 21 by DL 3.12.20 no. 183. And subsequently postponed, first by DL 31.12.21 no. 228, to 06/30/2022, and again to 12/31/22 by Conversion Act No.15/22 (2). With plans to issue the Technical Guidelines for Packaging Labeling, presented here, by 30.1.22.
Therefore, on 03/16/2022, the Minister of Ecological Transition adopted Decree no. 114 adopting the Guidelines, notified to the European Commission on April 7, 2022. The text, unless objected to, will be posted on the ministry’s website at the end of the three-month suspension period that expires on July 8, 2022.
The Packaging Labeling Guidelines.
Legislative Decree 116/2020 requires that all packaging be:
‘appropriately labeled in the manner established by the applicable UNI technical standards and in accordance with the determinations adopted by the Commission of the European Union, in order to facilitate the collection, reuse, recovery and recycling of packaging, as well as to provide proper information to consumers on the final destinations of packaging. Producers are, in addition, obliged to indicate, for the purpose of packaging identification and classification, the nature of the packaging materials used, based on Commission Decision 129/1997/EC.
The Guidelines then dwell on this provision to clarify its contents.
1) All packaging must be labeled “appropriately“. This means that the company should label them in the form and manner it deems most suitable and effective for achieving the goal.
2) The reference to UNI standards. It is defined as a “generic” recall, considering their characteristic of voluntariness. But what information can be communicated through the UNI standards to which the standard refers?
– Packaging material identifications for plastic packaging. When Decision 129/1997/EC does not provide specific identification for a particular polymer, UNI EN ISO 1043-1 is applicable for the identification of plastics not included in Decision 129/1997/EC, and UNI 10667-1 is applicable for identifying and recognizing polymers from recycling.
– Packaging material identifications for multilayer plastic packaging. Even in these cases, Decision 129/1997/EC does not provide specific identification codes: the UNI EN ISO 11469 standard offers interesting support for communicating the composition of structures consisting of multiple polymers.
– Environmental self-declarations. Where additional voluntary information related to the environmental qualities of packaging (wording, symbols/pittograms or other similar messages, environmental claims ) is to be communicated, reference should be made to UNI EN ISO 14021.
3) Compliance with the determinations made by the Commission of the European Union, to facilitate the collection, reuse, recovery and recycling of packaging. At present, among the “determinations” adopted by the Commission on the mentioned issues we find only Decision 129/1997/EC.
4) Who are consumers? As already established in the Consumer Code, a consumer is “a person who outside the exercise of a professional activity purchases or imports for his or her own use packaging, articles or packaged goods.”
5) What is the information on the final destinations of packaging? Information on the final destinations of packaging is that which communicates the proper disposal of packaging at the end of its life (e.g., Separate collection. Check your municipality’s regulations).
6) What packaging is involved? Information on the final destinations of packaging (i.e., those communicating the correct end-of-life disposal of packaging) applies to packaging offered to the final consumer, whether for sale or even free of charge. On the other hand, packaging intended for the commercial/industrial channel (so-called B2B) is excluded.
In contrast, the requirement to indicate the nature of the packaging materials used applies to all packaging, including packaging intended for professional channels. The obligation to affix material identification codes on the basis of Decision 97/129/EC is expressly on manufacturers.
The Guidelines also contain a review with reference to existing technical regulations. Additional aspects addressed by the Guidelines, to which reference is made, include the following:
– When a package is considered recyclable,
– When it is considered compostable,
– Which packaging can be delivered to separate collection.
– Coupling or treatment: the rule of > 5%
– How to identify the polymer type of plastic packaging if it is not provided in Decision 129/1997/EC
– Proper collection and recycling of waste similar to biodegradable or compostable waste
– environmental labeling for plastic shopping bags
Contents of labeling
A reading of the law reveals two different situations for structuring the minimum contents of the label depending on the final destination circuit of the packaging:
1) B2B (commercial/industrial) or
2) B2C (consumer).
Building on this assumption, in addition to presenting the distinct schemes by B2B or B2C destination, the Guidelines also address the situations that can be configured due to packaging structures:
– single-component packaging/systems and
– multicomponent.
The diagrams presented contain three levels of information:
– Cogent to meet the standard;
– Highly recommended, to make communication more effective;
– Recommended, to enrich useful content for a quality collection.
The case history
The following case histories are then examined:
1) Environmental labeling of single-component packaging for B2C.
In this case, the following information should be reported:
(a) The identification coding of the packaging material according to Decision 129/1997/EC.
(b) The collection directions.
It is suggested, therefore:
– To indicate the formula “Collection (prevailing material family by weight)” or
– To indicate the prevailing material family by weight, accompanied by the formula “Separately collected” and
– To invite the consumer to check the provisions of their municipality.
Other information that can be voluntarily placed on the label concerns the type of packaging and directions to consumers to support them in quality separate collection.
2) Multi-component packaging labeling for B2C.
Multi-component packaging is a system consisting of a packaging called the main body (such as a bottle), and other packaging, called components (such as the cap or label), which may or may not be manually separable from the main body.
In this case, it is necessary to distinguish components that cannot be separated manually from components that can be separated by the end consumer. In fact, identification and classification must be provided for all manually separable components. On each of them must be stated, at least:
(a) The identification coding of the packaging material according to Decision 129/1997/EC.
(b) Collection directions when not indicated on the outer presentation package.
It is suggested, therefore:
– To indicate the formula “Collection (prevailing material family by weight)” or
– To indicate the prevailing material family by weight, accompanied by the formula “Separately collected,” and
– To invite the consumer to check the provisions of their municipality.
When it is not possible to indicate the mandatory information on each individual component, it should be given on the main body or presentation packaging. According to the following recommended format:
(a) Type of packaging (full written description or graphic representation) of the different manually separable components;
(b) Referring to each type of packaging, indicate the packaging material identification coding of each manually separable component according to Decision 129/1997/EC;
(c) Referring to each type of packaging, report the collection information, clearly specifying the family of material(s) of each component.
One can also voluntarily support, with specific directions, the consumer to do quality recycling collection.
If ancillary components are not manually separable (e.g., stick-on labels, non-separable caps and closures, windows), they must mandatorily bear the identification coding of the main body material, and the collection markings (which follow the main body material). Whenever possible, only the material identification coding as per Decision 129/1997/EC can also be affixed to components that cannot be separated manually, but, on these, the indication on collection should not be given.
3) Labeling of packaging for B2B.
If intended for professionals, or if they are for transportation or related to logistical or display activities, packaging may not present the information about its final destination, but it must mandatorily show the coding of composition materials in accordance with Decision 129/1997/EC. All other information remains, however, voluntarily applicable.
How to construct labeling
Thus, the Guidelines report information, accompanied by some labeling examples, that can concur with the contents of the label:
– Alphanumeric coding from Decision 129/1997/EC
– Material family
– Collection information.
Remembering that, however, the company is free to communicate with freely chosen graphic and presentation modes, as long as they are effective and consistent with the objectives set forth in the regulations.
Special cases, defined by the Ministry of Ecological Transition in a note dated 05/17/2021, are as follows:
– Neutral packaging in general, with special reference to transport packaging and/or possible semi-finished products;
– Prewrapping and variable weight distribution packaging;
– Small, multilingual, import packaging;
– Recourse to digital. In any case, to make environmental labeling information available, it is always possible-through Apps, QR codes, websites-to use a digital tool that links to a page specifically dedicated to conveying content on environmental labeling that pertains to the specific packaging. Provided that access to the specific information for the packaging in question is easy and straightforward, and that said information is timely and not difficult to interpret, digital channels can completely replace or supplement the information directly on the packaging.
Labeling, summary
The contents of the Guidelines are identified in the table below in a summarized manner. Representing schematically the issues of greatest interest: content, divided into mandatory and recommended; mode, then location and format, for which preferable but not mandatory choices are proposed; and timing.
For further discussion, please refer to the text of the Guidelines.
Our team at FARE is available for label construction and revision services for food and other goods for Italy and other markets, EU and non-EU.
Dario Dongo and Giulia Torre
Notes
(1) D. Dongo. Packaging labeling, postponement to 30.6.22. Guidelines coming soon. GIFT (Great Italian Food Trade). 2.01.2022. https://www.greatitalianfoodtrade.it/imballaggi-e-moca/etichettatura-imballaggi-rinvio-al-30-6-22-in-arrivo-le-linee-guida
See also: Dario Dongo. Legislative Decree. 116/20, Food packaging labeling. Inapplicable standards. GIFT (Great Italian Food Trade). 3.10.20. https://www.greatitalianfoodtrade.it/imballaggi/d-lgs-116-20-etichettatura-degli-imballaggi-alimentari-norme-inapplicabili
Dario Dongo. Packaging labeling, theoretical postponement to 31.12.21. Government tort is renewed. GIFT (Great Italian Food Trade). 6.1.21. https://www.greatitalianfoodtrade.it/etichette/etichettatura-imballaggi-rinvio-teorico-al-31-12-21-si-rinnova-l-illecito-governativo
(2) Although the packaging labeling requirement takes effect on January 1, 2023, industry operators will still be able to market products without the new requirements if they are already placed on the market or already labeled as of January 1, 2023, while stocks last.
After Dec. 31, 2022, packaging-even if it is empty-that has been labeled (which is therefore already printed, or for which the label has already been produced/applied) before Dec. 31, 2022 may be marketed. Or packaging that has been purchased, by that date, by packaging users from their suppliers.
On the late notification of packaging labeling requirements, see D. Dongo. Environmental labeling of packaging, notification in Brussels. GIFT(Great Italian Food Trade). 25.01.2022. https://www.greatitalianfoodtrade.it/imballaggi-e-moca/etichettatura-ambientale-degli-imballaggi-notifica-a-bruxelles
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Graduated in law, master in European Food Law, she deals with agro-food, veterinary and agricultural legislation. She is a PhD in agrisystem.
