FAQ Legislation

The legislation establishes an obligation for the Producer of tobacco products with filters or filters marketed for use in combination with tobacco products to participate, by 5 January 2023, in an Extended Producer Responsibility (EPR) scheme to contribute to the management of waste from tobacco products.

Specifically, through this EPR scheme, Producers shall ensure, in proportion to the weight of the plastic component in relation to that of the product, that they cover the costs related to the following activities:

1. awareness-raising measures related to the aforementioned products;
2. removal of waste from such dispersed products and its subsequent transport and treatment of such waste;
3. collection and reporting of data in accordance with Article 178-ter (3) (5) of Legislative Decree No. 152 of 3 April 2006;
4. collection of waste for such products delivered into public collection systems, including the infrastructure and its operation, and subsequent transport and treatment of such waste. These costs include the creation and provision to users of specific infrastructures for the collection of waste from such products, such as dedicated recipients or containers in places where the waste is normally discarded.

Producers must affix on the packaging of new products placed on the market, in addition to the requirements of Legislative Decree No. 6 of 12 January 2016, a marking to inform consumers about:

1. appropriate waste management arrangements consistent with existing collection systems, as well as the forms of disposal to be avoided for waste management in accordance with the waste hierarchy;
2. the presence of plastic in the product and the consequent negative impact on the environment of the dispersion or other improper forms of disposal of the waste.

Legislative Decree No. 196 of 8 November 2021 provides for administrative pecuniary sanctions for noncompliant Producers:

• from EUR 2,500 to EUR 25,000 in case of placing on the market or making available products that do not comply with the marking requirements of Article 7 (1) and (2). The sanction shall be increased by up to twice the maximum in case of introduction of a quantity of products worth more than 10% of the offender’s turnover;
• EUR 5,000 for Producers who fail to comply with the obligation to participate in Extended Producer Responsibility schemes.

The EPR scheme identifies with the relevant players (Municipalities, waste managers), the costs to be covered based on the necessary services to be provided, in a transparent manner, according to efficiency, effectiveness and economic criteria, as well as on the basis of the determinations on efficient costs assumed by the Regulatory Authority for Energy, Networks and Environment (ARERA).

The determination of the fee payable by Producers through the EPR scheme is set in a manner proportionate to the costs incurred for the activities undertaken by those who manage the waste (governing bodies in the field, where they are established and operating, or by Municipalities, or by public and private entities operating on their behalf).