In the Regulation Nr. 1272/2008, the so-called “CLP Regulation“, concerning the classification, labelling and packaging of substances and blends, we find technical rules on the different forms and specifications of packaging to be used, to ensure safety against the risks deriving from the use and commercialization of substances of a dangerous nature.

Specifically, the provisions on packaging are contained in Title IV, composed of a single article (art. 35), and have a very generic character, referring (as far as most of the necessary conformity requirements are concerned) to the rules on the transport of dangerous goods by:

air (IATA DGR – Dangerous Goods Regulations manual of the International Air Transport Association);

sea (IMDG CODE – International Maritime Dangerous Goods Code of the International Maritime Organization- IMO);

road ( ADR Agreement – Accord europeen relatif au transport international des marchandises Dangereuses par Route)

rail ( RID– Regulation concerning the International carriage of Dangerous goods by rail of the OTIF– Organisation Intergouvernementale pour Les Transports Internationaux Ferroviaires);

inland waterway ( ADN– Accord européen relatif au transport international des marchandises Dangereuses par voie de Navigation intérieure Agreement).

Article 35 of the CLP Regulation, on the other hand, refers to Part Three of Annex II for more specific information on the requirements and test procedures for child-resistant locks used in the packaging of certain substances or mixtures.

The legislation on packaging and labelling of hazardous substances and mixtures is also important because its respect is, according to the provisions of art. 183, paragraph 1, letter bb) of the Testo Unico Ambiente, one of the prerequisites required for proper temporary waste storage.

Furthermore, the subsequent art. 193 states that “during collection and transport, hazardous waste must be packaged and labelled in accordance with current regulations on the packaging and labelling of hazardous substances”.

In this regard, it should be noted that this framework of regulatory references is now much simplified, as a result of the new European provisions, especially Regulation Nr. 1357/2014, which has resulted in an alignment of the criteria for classifying the hazardousness of waste, with those in force for hazardous substances and mixtures under the CLP Regulation.

As far as packaging waste and the organisational aspects of its management are concerned, the Consolidated Bill for the Environment sets out comprehensive rules (articles 218-226) and provides definitions of packaging, distinguishing between primary, secondary and tertiary packaging, in full compliance with Directive 94/62/EC.

The fundamental principles are those of the prevention at source of generation of packaging waste (e.g. through the sale of bulk products or the return of specific types of packaging) and of the recycling and recovery of raw materials, with the setting of certain targets as a percentage by weight of the total quantity of packaging waste.

In order to achieve these objectives, a management system has been set up which is based on the principle of shared responsibility of all economic operators in the sector, both users and producers of packaging.

Producers must either organise independently, even collectively, the management of their packaging waste throughout the country or join the consortia formed for each packaging material.

The system is placed under the coordination and control of the National Packaging Consortium (CONAI), which has various tasks including the definition with public administrations of the general conditions of collection by producers of the waste in question from separate urban collection (currently in force framework agreement ANCI-CONAI 2014-2019).

Failure to comply with these obligations or the violation of the prohibition to place in the normal collection circuit of municipal waste tertiary packaging of any kind or to place on the market packaging without the necessary safety requirements is sanctioned under Article 261 of Legislative Decree 152/2006, which provides for several figures of administrative offences punished with finantial penalties of various amounts.