The ‘Circular Economy Package,’ a pioneering reform of European waste and packaging regulations, is also being implemented in Italy. Through four legislative decrees, applied as early as September 26, 2020.
Circular economy in the EU, the principles
Thecircular economy expresses an economic model where residues from production and consumption are reintegrated into production cycles. In a logic of regeneration, reuse and recovery of natural resources. It is recalled in several passages, among the Sustainable Development Goals(SDGs) in UN Agenda 2030, as a guiding criterion for reducing anthropogenic impact on the ecosystem. (1)
The Circular Economy Package, consists of four reforms, approved on 18.4.18 by the European Parliament:
(1) Directive (EU) 2018/849, amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment,
(2) dir. (EU) 2018/850, amending Directive 1999/31/EC on the landfill of waste,
3) dir. (EU) 2018/851, amending Directive 2008/98/EC on waste,
4) dir. (EU) 2018/852, amending Directive 94/62/EC on packaging and packaging waste.
Recycling and waste reduction targets
The European legislature has defined precise targets for recycling and reduction of waste going to landfill:
– municipal waste. The recycling rate is to reach 55% by 2025, 60% in 2030, and 65% in 2035,
– packaging waste. Increased recycling, up to 65% in 2025, 70% by 2030. With diverse objectives by material,
– landfills must receive, by 2035, less than 10 percent of waste.
About 170 million tons of waste are produced in Italy every year. The circularity rate, although higher than the EU average, remains firm at 17.1 percent. (2) Packaging waste accounts for 8 percent of the total, municipal waste less than 20 percent. However, the growth of the latter has been matched by the closure of several incinerators in recent years. (3)
Circular economy, implementation in Italy
The implementation of the Circular Economy Package in Italy consists of four decrees:
1) legislative decree 3.9.20 no. 116 on waste, (4)
2) legislative decree. 3.9.20 n. 118, on batteries and accumulators and waste batteries and accumulators, and on waste electrical and electronic equipment, (5)
3) legislative decree. 3.9.20 n. 119, relating to end-of-life vehicles, (6)
4) legislative decree. 3.9.20, n. 121, establishing a new organic regulation of landfilling of waste. (7) With a ban on landfilling, beginning in 2030, all waste that is suitable for recycling or other forms of recovery.
Waste, packaging and labeling. Legislative Decree. 116/20
The ‘waste decree’ – Leg. 116/20, officially in force since 9/26/20 – amends the Environmental Code (Legislative Decree 152/06) in the parts pertaining to waste, packaging and packaging waste. With significant news for all public and private entities that generate, transport and process waste.
The labeling of packaging-even food packaging-is subject to new requirements (Legislative Decree 116/20, Article 3.3). With an obligation to inform end users of packaging, including consumers, about:
(a) available return, collection and recovery systems,
(b) role of end users in the process of reuse, recovery and recycling of packaging and packaging waste,
(c) Meaning of the marks placed on the packaging as they appear in the market.
The information must come ‘According to the provisions of Legislative Decree 19.8.05 no. 195, implementing Directive 2003/4/EC on public access to environmental information.‘.
Extended producer responsibility
Extended ProducerResponsibility (EPR) is extended to ‘any natural or legal person who professionally develops, manufactures, processes, treats, sells or imports products’ (Legislative Decree 116/20, Art. 178-bis). The decree simplifies procedures for establishing new EPR systems and establishes a national registry of producers.
A financial contribution is introduced to producers to cover, among others, the costs of separate collection and subsequent transportation. In addition to the costs of sorting and processing needed to meet EU targets.
Traceability of waste
The National Electronic Waste Register (RenTri) – established by DL 14.12.18 no. 135, replacing the failing Sistri-is the centerpiece of a new integrated information and management system. The procedures for completing and keeping the loading and unloading register and the identification form will be specified in future implementing decrees.
Companies that collect and transport their own nonhazardous waste and, for nonhazardous waste only, companies and entities that are initial producers with no more than 10 employees are exempt from the obligation to keep records. The obligation to keep records and forms is reduced from five to three years.
National waste prevention program
The National Waste Management Program defines the macro-objectives, criteria and strategic guidelines to be followed by the regions and autonomous provinces when developing regional plans (Art. 198(a). With explicit reference to, among others, data on waste generation broken down by type, quantity and source.
Preventive measures include, among others:
– Promotion and support of sustainable production and consumption patterns,
– Encouragement of design, manufacture and use of resource-efficient products, as well as use of materials obtained from waste in their production.
Prevention of food waste
A specific section of the above Plan is devoted to the ‘Food Waste Prevention Program’ (Art. 180). Indicators and targets, qualitative and quantitative, are defined. In addition to recalling the tools and measures introduced in Law 19.8.16, no. 166 (so-called Gadda law). In particular:
– Reduction of food waste generation in primary agricultural production, food processing, sales and serving, and in households,
– Stimulation of food donation and other forms of redistribution for human consumption. With priority given to human use over feed and reprocessing to obtain non-food products.
Municipal waste, new parameters
The new parameters for the definition of municipal waste mean that various for wastes hitherto classified as special will be included in this category. (8) The definition is relevant to the goals of preparing for reuse, recycling, and related calculation rules. Without prejudice to the division of responsibilities for waste management between public and private actors (Art. 183).
The National Environmental Protection System (SNPA) must adopt guidelines to help producers with waste code classification by Dec. 31.20. Companies are not obliged to choose the public operator to manage the waste they produce. In case they choose a private operator they are deducted from tax in proportion to the amount of waste sent for recovery (Art. 238).
Recycling of organic waste
Ministries of Environment and Ministries of Agriculture, Food and Forestry (MiPAAF), Regions and Autonomous Provinces must prioritize recycling over other ways of managing organic waste.
Organic waste must be sorted and recycled at source by 12/31/31 through composting activities at the place of production or separate collection using reusable emptying containers or certified compostable bags.
The Ministry of the Environment will establish quality levels for the separate collection of organic waste, defining precise criteria to be applied to related controls (Art. 182-ter).
Sanctions
Without prejudice to the application of criminal regulations, the Waste Decree introduces a series of administrative fines to be applied to non-compliance with its regulations. With particular reference to registration in the National Register of Producers and failure or incomplete submission of information data (Art. 258).
Dario Dongo and Giulia Torre
Notes
(1) The Lansink scale, the paradigm underlying the Circular Economy Package, has defined a hierarchy in materials management aimed at preventing and minimizing the amount of waste going to disposal
(2) SEE https://ec.europa.eu/eurostat/web/products-eurostat-news/-/DDN-20190918-2
(3) ISPRA, Urban Waste Report, 2019 edition, https://www.isprambiente.gov.it/it/archivio/eventi/2019/12/rapporto-rifiuti-urbani-edizione-2019
(4) Legislative Decree. 3.9.20 n. 116. Implementation of Directive (EU) 2018/851 amending Directive 2008/98/EC on waste and implementation of Directive (EU) 2018/852 amending Directive 1994/62/EC on packaging and packaging waste
(5) Implementation of Articles 2 and 3 of Directive (EU) 2018/849, amending Directive 2006/66/EC (on batteries and accumulators and waste batteries and accumulators) and Directive (EU) 2012/19 on waste electrical and electronic equipment
(6) Implementation of Directive (EU) 2018/849, Article 1, amending Directive 2000/53/EC on end-of-life vehicles.
(7) Implementation of EU dir. 2018/850, amending directive 1999/31/EC on the landfill of waste
(8) Definition of municipal waste:
1. undifferentiated and separately collected household waste, including paper and cardboard, glass, metals, plastics, organic waste, wood, textiles, packaging, waste electrical and electronic equipment, waste batteries and accumulators, and bulky waste, including mattresses and furniture,
2. undifferentiated and separately collected wastes from other sources that are similar in nature and composition to the household wastes listed in Annex L -c generated by the activities listed in Annex L -quinquies,
3. waste from street sweeping and emptying waste bins,
4. waste of whatever nature or origin, lying on public roads and areas or on private roads and areas otherwise subject to public use or on maritime and lake beaches and the banks of waterways,
5. waste from the maintenance of public green such as leaves, grass clippings and tree prunings, as well as waste resulting from the cleaning of markets,
6. wastes from cemetery areas, exhumations and extumations, and other wastes from cemetery activities other than those in items 3, 4 and 5
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.
