Packaging Regulation 2023: How to adapt to the new rules and the opportunities it offers
- Alkam
- Mar 26
- 7 min read
The 2023 packaging regulation, approved by the European Union , brings important innovations to the world of packaging : in fact, a new framework of rules has been introduced to ensure that packaging meets certain standards in terms of environmental protection.
In this blog post we will examine these changes , we will illustrate how companies can adapt and explore the opportunities offered by this rule; we will also discuss the economic-environmental and communication advantages that derive from innovative strategies oriented towards eco-sustainability, qualifying the work of companies and implementing well-defined policies on packaging production.
We will therefore delve into the famous “2023 Packaging Regulation” together, offering you precise information on how to put it into practice in your commercial activity!
Summary
Packaging Regulation 2023: What is it?
On 11 September 2020, Legislative Decree no. 116 of 3 September 2020 was published in the Official Journal, which implements EU Directive 2018/851 on waste, and Directive (EU) 2018/852 on packaging and packaging waste .
In particular, art. 3, paragraph 3, letter c) of the decree introduced amendments to the legislative decree of 3 April 2006 “Environmental regulations”, regarding “Informative criteria for packaging waste management activities”, which implements and now strengthens the provisions of art. 8, paragraph 2 of Directive 94/62/EC1.
This text relating to the " Guidelines on the labelling of packaging pursuant to art. 219 paragraph 5 of Legislative Decree 152/2006 and subsequent amendments", was drawn up taking into account the Guidelines proposed by the National Packaging Consortium (CONAI), all with the aim of supporting companies by providing operational and management guidelines to respond to the legal obligation. In fact, the proposal drawn up by CONAI was formulated following a series of roundtable discussions, in particular with UNI, Confindustria and Federdistribuzione, to analyse and manage the more technical aspects and the most frequent reports received from individual companies and associations of producers, industrial and commercial users.
In summary, the “Packaging Regulation 2023” is the most recent European directive aimed at encouraging the sustainable use of packaging , with a holistic vision that takes into account the different aspects of modern production.
In particular, the Testo Unico Imballaggi (TUI) is the legal instrument that defines the new responsibilities and obligations of operators in the packaging sector. This regulation intends to pursue the following objectives:
reducing the environmental impact of packaging;
strengthening the competitiveness of packaging companies;
increased level of safety in the transportation and storage of products;
to guarantee the end user a high level of satisfaction.
In order to achieve these objectives, the Consolidated Law guarantees compliance with the requirements and performance obligations for the entire production chain. Furthermore, it makes it mandatory to have a structured environmental management plan for the entire cycle, including disposal.
The regulation also requires the identification and tracking of parts containing harmful materials during the production phases, imposing economic convenience and limiting the presence of toxic substances in the production of packaging.
Complying with the regulation can have a positive impact on companies involved in the production and distribution of packaging: First of all, in addition to the objectives listed above, it guarantees a reduction in the quantity of waste and greater economic savings for industrial activities adhering to the regulation itself.
The goal is to improve the cost/benefit ratio by maximizing economic and environmental sustainability; to do so, certain standards are required from companies, which concern the reduction of non-recyclable single-use packaging and the optimization of technologies for reducing energy consumption.
What changes with the Packaging legislation?
The recent European directive represents a revolution for the packaging sector. As already mentioned, new strict rules have been introduced, which require the use of ecological and recyclable materials , in line with the objectives of reducing environmental impact and lower energy consumption.
Starting in 2023, and so we are already behind schedule, companies will have to comply with these new rules to produce their products. The materials used will have to be certified and all packaging will have to be 100% recyclable.
The packaging sector will therefore have to adapt to a more sustainable and environmentally friendly vision , a very important and sensitive topic today.
Furthermore, the directives provide for the creation of a registration and tracking system, which will allow companies to follow the supply chain of their products at all levels and monitor their environmental impact.
One of the main objectives is to encourage the use of recycled materials in the production of packaging. Companies will thus be able to reduce production costs and contribute to reducing the amount of material to be recycled. In addition, the regulation encourages the use of innovative technologies in the design of packaging to improve its performance and reduce waste.
The 2023 Packaging Regulation therefore represents a great opportunity for companies to adapt to change, towards a more sustainable economy.
How does the packaging regulation work?
More specifically, this legislation aims to create a single national market for the recycling of labelling waste and packaging materials, with the aim of minimising the environmental impact and maximising the opportunities offered by recycling.
To achieve these objectives, the law establishes a tax on packaging in force from 1 January 2023. This tax will include a payment quota for waste treatment and a payment quota to help finance the infrastructure needed for recycling.
Payment can be made using methods such as bank transfer, credit card or cash. Companies will be required to deposit an environmental quality certificate at the provincial office of the Environment, which demonstrates the correct disposal of packaging waste.
Companies will also have to change or adapt their packaging to minimize their environmental impact and minimize the impact they cause on the environment.
Incentive to consider: the law also provides economic incentives for companies that adopt responsible recycling policies and that commit to comply with the requirements established by law. In addition, the law will establish funds dedicated to financing packaging recycling, to support projects aimed at reducing environmental impact.
How to adapt to the new rules?
To adapt to the new rules introduced by Packaging 2023, it is essential for companies to keep up with the changes and act responsibly, clearly and correctly, in order to minimize risks and negative consequences.
The steps required to ensure regulatory compliance are:
Understanding the rules : It is important to understand the new packaging rules in detail, including any changes to existing legislation, if applicable;
Process adaptation : it is essential to identify all business processes that may be subject to the obligation to adapt to the new rules and adapt them if not applied correctly;
Updating skills : Companies must ensure that all personnel involved in packaging management are aware of the new regulations and adequately trained to implement and manage them efficiently;
Customer support : Companies must ensure their customers are informed of the new law, offering them adequate support in managing packaging, disposal or recycling.
Opportunities : It is important to identify any opportunities offered by the new rules, such as the possibility of expanding the reference markets and increasing competitiveness on the market. We remember that respect for the environment and its cadet rules also represents a very good corporate message, and social communication.
By taking these measures, companies can ensure their compliance with the new 2023 packaging regulations and benefit from them to the fullest.
This will allow them to maintain a good competitive position on the market, or even increase their notoriety and trust.
Risks for those who do not comply with the regulations on packaging labelling
If not respected, the law could lead to negative consequences : for producers, distributors and retailers, adapting to the new rules is essential to avoid serious risks or even sanctions in case of non-compliance.
In particular, not complying with the regulation would lead, first of all, to a reduction in the competitiveness of the sector . Those who do not comply with the new rules will be excluded from the market, since other more compliant products required by law will gain more space in shops and markets. Furthermore, non-compliance could lead to heavy fines , calculated on a percentage of the turnover, according to the provisions of the law.
Compliance with the Packaging regulation is also mandatory for small and medium-sized enterprises (SMEs), which can request the financial assistance provided by the European Union for compliance with these rules. SMEs also have the possibility of requesting interest-free subsidized credit, in order to cover the costs of updating.
Finally, the fines applicable to companies that do not comply with the regulations are quite high, and could lead to a serious compromise of the company's balance sheet. In this case, companies may also incur legal proceedings for any failure to comply with the obligations set out in the law.
In short, compliance with this rule is essential to avoid serious risks, which can result in heavy fines or significant financial consequences.
Therefore, all affected companies must adapt to the new rules, pay attention to the key points and take advantage of the opportunities offered.
An example to follow for the regulation
In this example we will talk about pre-packaged products : defined by the circular of 31 March 2000, these are variable weight packages, often used at the fresh food counter or in self-service and which are finalized once the food product has been contained.
Even for this type of packaging , objective difficulties arise in physically applying the labelling ; in fact, it could be packaging intended for fresh food products (e.g. fishmonger products) which cannot be printed, in other cases it is packaging for which, at the time of production and sale, the intended use is not known with certainty (i.e. whether it will be packaging or products intended for domestic use); in still others it is packaging prepared/cut to size at the point of sale (e.g. aluminium or plastic film), and therefore not susceptible to immediate printing.
For these cases, the labelling obligation is considered fulfilled if the information regarding the composition of the packaging pursuant to Decision 129/97/EC and the information to support the consumer in correct separate waste collection can be deduced from information sheets made available to final consumers at the point of sale (e.g. next to the information on allergens, or with specific information sheets placed next to the counter), or by making such information available on websites with predefined standard sheets.
Example: How and what should be included on a package or packaging?
Conclusions
In conclusion, the 2023 Packaging Regulation is an important reform that represents a great leap forward and an evolution for the creation of a sustainable packaging system in line with European regulations.
It offers significant opportunities for producers, packaging companies and consumers, who will be able to access more sustainable and eco-friendly materials . Furthermore, increased transparency will make it easier for consumers to make informed choices, highlighting the importance of waste reduction and making producers more responsible.
Finally, the Packaging Regulation 2023 will serve as a long-term reference point for companies in the choice of packaging solutions, allowing them to plan the changes necessary to adapt to the new rules.
This is a small but huge step towards a more sustainable and less polluted world.
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