COMPANIES

What is meant by “packaging”?

Regulatory references – Legislative Decree 152/06

European Directive 2004/12/EC on packaging and packaging waste (amending and supplementing Directive 94/62/EC) was transposed into Italian law by Legislative Decree 152/06 (formerly Legislative Decree 22/97).
Article 218 (definitions), paragraph 1, states: “For the purposes of this Title…”, see the following definitions a., b. e c..

the product, made of materials of any nature, used to contain certain goods, from raw materials to finished products, to protect them, to allow their handling and delivery from the producer to the consumer or user, and to ensure their presentation, as well as disposable items used for the same purpose;

packaging designed to constitute a sales unit for the end user or consumer at the point of sale;

packaging designed to constitute a group of a certain number of sales units at the point of sale, regardless of whether it is sold as such to the end user or consumer, or serves only to facilitate shelf replenishment at the point of sale. It can be removed from the product without altering its characteristics;

packaging designed to facilitate the handling and transport of goods, from raw materials to finished products, consisting of a number of sales units or of grouped packaging, to prevent handling and transport-related damage, excluding containers for road, rail, sea and air transport”.

Annex E, point 2, of Legislative Decree 152/06

Annex E, point 2, of Legislative Decree 152/06 also sets out the following interpretative criteria for the definition of “packaging”:

items that fall within the above definition are considered packaging, regardless of any additional functions they may have, unless they are integral parts of a product and necessary to contain, support or preserve that product throughout its life cycle and all elements are intended to be used, consumed or disposed of together;

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, are considered packaging, provided they perform a packaging function;

packaging components and packaging accessories integrated into packaging are considered integral parts of it. Accessories that are directly fixed or attached to the product and perform packaging functions are considered packaging unless they are integral parts of the product and all elements are intended to be consumed or disposed of together.

With the Ministerial Decree of 22 April 2014 (transposing Directive 2013/2/EU), published in the Official Gazette on 14 June 2014, the illustrative examples for these interpretative criteria were updated.
Numerous court rulings have recognised CONAI’s jurisdiction over disputed items.
Below are two illustrative, non exhaustive lists of items classified as “Packaging” and “Non Packaging”.

Notes

  • Each item shown/listed may also be made of materials other than those depicted;
  • Where items are subject to flat‑rate procedures or exemptions from the EPR Fee, or specific exclusions decided by the consortium bodies, this is explicitly indicated.
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