Previously, Italy issued a draft decree and an accopmanying report to transform the EU Single-use Plastics Directive 2019/904 (SUPD) into Italian law. On September 22, the Italian government submitted the draft to the European Commission for review. From the 14th of January 2022, the decree will be officially implemented in Italy.
The definition of plastic in the draft decree does not include paints, inks, adhesives or plastic coatings that weigh less than 10% of the total weight of the product, because these materials are not their main structural components.
In order to achieve a quantifiable reduction in consumption of certain single-use plastic (SUP) products by 2026 in accordance with the requirements of SUPD, the Act is expected to adopt voluntary cooperative measures, such as specific sectoral plans and awareness raising, and incentives for alternatives. Not a restrictive measure.
For companies that purchase reusable, biodegradable or compostable (EN 13432:2002) substitutes for SUP products that are expected to ban or reduce their consumption, the law will give a tax of up to 3 million euros per year from 2022 to 2024 Credit (20% of the recorded cost of purchasing such alternatives, up to 10,000 Euros per year and beneficiaries).
In principle, the draft decree foresees restrictions on placing the same product categories as SUPD on the market, that is, prohibitions.
However, contrary to EU law, it provides exceptions for the following SUP products:
(1) Biodegradable and compostable plastics (EN13432 or EN14995)
(2) Exceptions for SUP products made from renewable raw materials with a percentage of at least 40% (60% in 2024)
(3) Under the following circumstances:
a) When reusable alternatives to SUP food contact products cannot be used
b) If used in a controlled environment, usually and permanently transport the waste to public collection services such as canteens and sanitation facilities
c) When alternatives cannot provide any guarantees in terms of health and safety due to circumstances and local conditions
d) Depends on the specific type of food or drink
e) If a particular situation involves more than one person
f) If the environmental impact is more serious than the one-time alternative, it is based on a life cycle analysis.
In April, the legislature instructed the government to incorporate SUPD into the Italian system and specified some key aspects that the government will follow. These include exceptions to the ban on certain SUP food contact products, "gradual" restrictions, allowing SUP products made of biodegradable or compostable plastics to be placed on the market, and increasing the percentage of renewable raw materials.
Greenpeace Italy issued a report on the conversion of SUPD, warning that this exception clearly contradicts the directive, and it is reported that Legambiente, another environmental NGO, supports it.
