Pursuant to paragraph 2 of Article 13b of Ministerial Decree of 21 March 1973 and subsequent amendments, bottles made of recycled polyethylene terephthalate must contain at least 50% virgin polyethylene terephthalate.
The provisions contained in the scheme of regulation object of the notification concern the insertion in art. 13 ter of the cited ministerial decree of 21 March 1973, after paragraph 2, of paragraph 2 bis according to which "On an experimental basis, for the period from 1 January 2021 to 31 December 2021, for the polyethylene terephthalate bottles referred to in paragraph 1, the minimum percentage of virgin polyethylene terephthalate provided for in paragraph 2 does not apply, under the following conditions
(a) the said bottles originate from a recycling process for which a favourable opinion has been published by the European Food Safety Authority and the conditions laid down therein concerning the maximum percentage of recycled polyethylene terephthalate in the said bottles and their conditions of use are complied with;
(b) the critical parameters and operational steps described in the opinion of the European Food Safety Authority are applied in the aforementioned recycling process.
This is without prejudice to the other conditions and requirements of this Article for the above bottles.
Brief Statement of Grounds
This regulation in question is necessary in order to comply with the regulatory provisions set forth in Article 51, paragraph 3f, of Decree Law No. 104 of 14 August 2020, as converted by Law No. 126 of 13 October 2020.