11 January 2022
SUP DIRECTIVE AND SINGLE-USE PLASTIC PRODUCTS
On last 30 November, the text of Legislative Decree no. 196 of 08/11/2021 was published in the Official Journal, with the subject of the “Implementation of Directive (EU) 2019/904 of the European Parliament and of the Council of 5 June 2019 on the reduction of the impact of certain plastic products on the environment”. Therefore, the Decree transposes Directive (EU) 2019/904, also known as the Single Use Plastic (SUP) Directive, which was approved in implementation of the European Strategy on Plastics, presented by the European Commission in January 2018.
The Legislative Decree is scheduled to come into force on 14 January 2022.
WHAT ARE THE MAIN CHANGES ENVISAGED BY THE SUP DIRECTIVE?
The annex PART A, with reference to article 4, presents the criteria for identifying single-use plastic products for which a reduction in consumption is envisaged.
The placing on the market of single-use plastic products as listed in PART B and oxo-degradable plastic products is prohibited from 14 January 2022.
Products made of biodegradable and compostable material certified to UNI EN 13432 or UNI EN 14995 with a percentage of renewable raw material equal to or greater than 40% are not covered by the ban. From 01 January 2024, the percentage of renewable raw material must be higher than 60%.
A further exception is provided for when the use of reusable alternatives is not possible (for all other existing exceptions see art.5, paragraphs a-f).
PENALTIES (Article 14): pecuniary administrative sanction from 2,500 euro to 25,000 euro. The sanction is increased up to twice the maximum in case of introduction of a quantity of products worth more than 10% of the offender’s turnover.
Single-use plastic products listed in PART D shall be marked on the packaging or on the product itself in accordance with Implementing Regulation (EU) 2020/2151 of 17 December 2020. The purpose of the labelling is to inform consumers not only about the presence of plastic in the product itself but also about how to handle and dispose of it.
PENALTIES (art. 14): administrative fine from 2,500 euro to 25,000 euro. The sanction is increased up to twice the maximum in case of introduction of a quantity of products worth more than 10% of the offender’s turnover.
EXTENDED PRODUCER’S RESPONSIBILITY
Producers are required to cover the costs of collecting, transporting and treating their waste, as well as the costs of cleaning up waste and organising awareness campaigns for the public.
PENALTIES (Art. 14): administrative fine of €5,000.
 Article 3 clearly defines a “single-use plastic product” as a product made entirely or partly of plastics, with the exception of products made of natural polymers which have not been clearly modified, and which is not conceived, designed or placed on the market to perform, during its lifetime, multiple trips or rotations in order to be returned to a manufacturer for refilling or to be otherwise reused for the same purpose for which it was conceived.