The draft decree to transpose the EU Single-Use Plastics Directive 2019/904 (SUPD) into Italian law and the accompanying report were previously published in Italy, and on September 22 the Italian government submitted the draft to the European Commission for review, and the decree will be officially implemented in Italy from January 14, 2022.
The definition of plastic in the draft decree does not include materials such as paints, inks, adhesives or plastic coatings that weigh less than 10% of the total weight of the product because these materials are not its main structural components.
In order to achieve quantifiable reductions in consumption of certain single-use plastic (SUP) products by 2026, as required by the SUPD, the decree foresees the use of voluntary cooperative measures, such as sector-specific programs and awareness-raising, and incentives for alternatives, rather than restrictions.
For companies that purchase reusable, biodegradable or compostable (EN 13432:2002) alternatives to SUP products whose consumption is expected to be banned or reduced, the law will grant a tax credit of up to €3 million per year between 2022 and 2024 (20% of the recorded cost of purchasing such alternatives, up to €10,000 per year and the beneficiary).
The draft decree foresees, in principle, a restriction on placing on the market the same product category as SUPD, i.e. a ban.
However, contrary to EU law, it provides exceptions for the following SUP products.
(1) Biodegradable and compostable plastics (EN13432 or EN14995)
(2) Exception for SUP products made from at least 40% (60% in 2024) of renewable raw materials
(3) Under the following circumstances：
a) When reusable alternatives to SUP food contact products are not available
b) If used in a controlled environment, the waste is normally and permanently transported to public collection services, such as canteens and sanitation facilities
c) When the alternatives do not provide any guarantee in terms of health and safety due to circumstances and local conditions
d) Depends on the particular type of food or drink
e) If more than one person is involved in a particular situation
f) Based on life-cycle analysis if environmental impacts are more severe than one-time alternatives.
In April, the legislature tasked the government with incorporating SUPD into the Italian system and specified some key aspects for the government to follow. These include exceptions to the ban on certain SUP food contact products, "phase-in" restrictions, allowing SUP products made from 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 SUPD switch, warning that the exception apparently contradicts the directive, while Legambiente, another environmental NGO, reportedly supports it.
