Regulatory references – Legislative Decree No 152/06
European Directive 2004/12/EC on packaging and packaging waste (which amended and supplemented Directive 94/62/EC) was transposed into Italian law under Legislative Decree No 152/06 (pursuant to Legislative Decree No 22/97). Article 218 (definitions), paragraph 1, states that: “The following definitions shall apply for the purposes of this Title: a. packaging: all products made of any materials to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to finished products, from the producer to the user or the consumer, including non-returnable items used for the same purposes; b. sales packaging or primary packaging: packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase; c. grouped packaging or secondary packaging: packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale, and which can be removed from the product without affecting its characteristics; d. transport packaging or tertiary packaging: packaging conceived so as to facilitate handling and transport of goods, from raw materials to finished products, or of a certain number of sales units or grouped packaging to prevent physical handling and transport damage, excluding containers for road, rail, sea and air transport”. Moreover, Annex E, point 2, of Legislative Decree No 152/06 states that the definition of “packaging” shall be based on the following criteria: i)items shall be considered to be packaging if they fulfil the definition above without prejudice to other functions which the packaging might also perform, unless the item is an integral part of a product and it is necessary to contain, support or preserve that product throughout its lifetime and all elements are intended to be used, consumed or disposed of together; ii) items designed and intended to be filled at the point of sale and disposable items sold, filled or designed and intended to be filled at the point of sale shall be considered to be packaging provided they fulfil a packaging function; iii) packaging components and ancillary elements integrated into packaging shall be considered to be part of the packaging into which they are integrated. Ancillary elements hung directly on, or attached to, a product and which perform a packaging function shall be considered to be packaging unless they are an integral part of this product and all elements are intended to be consumed or disposed of together. The Ministerial Decree of 22 April 2014* (which transposed European Directive 2013/2/EU in Italy), published in the Official Gazette on 14/06/2014, updated the illustrative examples for the interpretative criteria set out in this annex.
Many judgements** have recognised Conai’s competence over contested items.
There are two reference lists below, by way of example but not limited thereto, of “packaging” or “non-packaging” items.
- every item on these lists could also be made from different materials to the item potentially shown in the image;
- explicit reference is made to any items which are covered by a flat rate or exempt from the Environmental Contribution or have special exclusions approved by consortium bodies.