What packaging can be marketed after 1/1/2023?

On 28 February 2022, the law of 25 February 2022 n. 15 of conversion of the decree law 30 December 2021 n. 228 (so-called Milleproroghe).

The art. 11 of the provision provides for the suspension of the labeling obligation as of 31 December 2022 , as well as the possibility of marketing stocks of products already placed on the market or labeled by 1 January 2023 .

A deadline of 90 days from the entry into force of the law by which the Ministry of Ecological Transition will adopt the technical guidelines for environmental labeling by means of a non-regulatory decree has also been established.

  • What is meant by products?

As the requirements cited by the law refer to packaging, it is assumed that the term ” products ” is to be understood as referring to packaging, and not to packaged products. According to this interpretation, companies will be able to use, until they run out, the stocks of finished packaging even if empty, which do not comply with the labeling obligation on 1/1/2023.

  • What packaging can be marketed after 12/31/2022?

Based on the interpretation of the previous point, it would be understood that packaging – even if empty – that has been labeled (which therefore have already been printed, or for which the label has already been produced / affixed) before 31/12/2022; or packaging that was purchased by packaging users from their suppliers before 12/31/2022.

  • What documents can be used to prove that these are stocks that are allowed to be marketed?

Considering that the date of ” placing on the market ” of the packaging can be traced through the purchase documents of the goods, if a user (based on art. 218, paragraph 1, letter s) of Legislative Decree 152/06, the users are ” traders, distributors, fillers, users of packaging and importers of full packaging“) You purchase already labeled packaging (which therefore has already been printed, or for which the label has already been produced / affixed) from a supplier, the aforementioned date would prevail (the actual physical transfer of the goods to the buyer could also take place at a later date; the important thing is to be able to prove that the goods were purchased before 31/12/2022).

If a self-producer of packaging (” self -producers” are defined as those who purchase raw materials and packaging materials in order to manufacture / repair packaging to package their products (other than packaging). The self-producer is considered to all intents and purposes the user also with reference to the raw material used for the repair of its packaging) has stocks of packaging already labeled (which therefore have already been printed, or for which the label has already been produced / affixed) before 31/12/2022, could refer to the date of the production batch (in this case, reference should be made to the batch of production of the packaging or label, if it is planned to include mandatory information on the label).

With reference to packaging producers (based on Article 218, paragraph 1, letter r), of Legislative Decree 152/06, packaging producers are ” suppliers of packaging materials, manufacturers, processors and importers of empty packaging and packaging materials “) who have stocks of packaging that do not meet the requirements, it is assumed that they can:

  • market the packaging purchased by the customer on a date prior to 12/31/2022. In this case, the date of the purchase document of the goods by your customer would prevail.
  • market the stocks of neutral and unlabeled packaging – as already provided for in the clarification note of the Ministry for Ecological Transition of 17 May 2021 – accompanied by documentation that contains the mandatory information to be conveyed to customers (composition of the packaging pursuant to decision 129/97 / EC).

In the case of packaging that will undergo a printing process or the affixing of a label (through the various methods provided for in specific cases), it will be necessary to enter into an agreement with the customer in which it is defined at which point of the supply chain it will take place. such operations.

  • Can stocks of packaging in storage in other countries be marketed?

If the packaging was purchased before 12/31/2022, it is assumed that it can be marketed even if the stocks are in storage in another country. In this case, the date of the purchase document for the supply of packaging would prevail.

Last modified on 01/03/2022

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