Absorbent hygiene products (PAPs) [prodotti assorbenti per la persona]
Draft Regulation laying down standards governing end-of-waste status of absorbent hygiene products (PAPs) pursuant to Article 184-ter, subparagraph 2 of Legislative Decree No 152 of 3 April 2006.
The draft Regulation identifies the criteria under which materials resulting from the treatment of absorbent hygiene products (hereinafter referred to as PAPs) that after treatment cease to be categorised as waste are to be reintroduced into the economic cycle as products.
The Regulation comprises seven articles and six annexes.
Article 1 - Purpose and objectives - Defines the scope of application of the Regulation governing the specific criteria under which materials resulting from the treatment of waste from absorbent hygiene products cease to be categorised as waste pursuant to and for the purposes of Article 184-ter of Legislative Decree No 152 of 3 April 2006.
Article 2 - Definitions - Makes reference to the definitions referred to in Article 183 of Legislative Decree No 152 of 3 April 2006, supplemented by the definitions for: PAP; Polyolefin-based heterogeneous plastics; SAP (Super Absorbent Polymer); Cellulose with high levels of SAP (Super Absorbent Polymer); Cellulose with low levels of SAP; Batch of polyolefin-based heterogeneous plastics; Batch of SAP; Batch of cellulose; Manufacturer; Declaration of conformity; Competent authority.
Article 3 - Criteria for end-of-waste status - States that materials shall cease to be categorised as waste and shall be categorised as cellulose, SAP and a mixture of polyolefin-based heterogeneous plastics if they comply with the technical requirements for each material listed in Annex 1 (General criteria for end-of-waste status), Annex 2 (Specific criteria for polyolefin-based heterogeneous plastics for end-of-waste status), Annex 3 (Specific criteria for SAP for end-of-waste status) and Annex 4 (Specific criteria for cellulose for end-of-waste status) respectively.
Article 4 - Specific uses - States that polyolefin-based heterogeneous plastics, SAP and cellulose may only be used for the specific purposes specified in Annex 5 for each material.
Article 5 - Declaration of conformity and arrangements for retaining samples - Specifies that the manufacturer, as a result of the production process, prepares a declaration of conformity for each batch using and completing all parts of the form in Annex 6 certifying compliance with the criteria set out in Article 3(1) and sends it to the competent authority and to the competent regional environmental protection agency (subparagraph 1); specifies that the manufacturer retains said declaration of conformity at the production facility or at its registered office, also in electronic format, and shall make it available to the competent authority that requires it (subparagraph 2) and (subparagraph 3) expressly provides that the manufacturer retains a sample of cellulose, SAP and mixture of plastics collected at the end of the production process for each batch, in accordance with standard UNI EN 643 for cellulose and UNI EN 10667-16 for mixtures of plastic, respectively. These are to be retained at the production facility or at its registered office for five years for the purpose of verifying compliance with the requirements referred to in Article 3.
Article 6 - Environmental management system - States that the provisions referred to in Article 5(3) shall not apply to companies registered in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 (EMAS) or to companies in possession of the environmental certification UNI EN ISO 14001, issued by an accredited body within the meaning of existing legislation. Subparagraph 2 specifies the documentation to be provided for the purposes of the exemption referred to in subparagraph 1.
Article 7 - Transitional and final provisions - States that for the purposes of complying with the criteria referred to in the Regulation, the manufacturer shall, within 120 days from the Regulation's entry into force, present the competent authority with an update of the communication issued pursuant to Article 216 or a request to update the authorisation in accordance with Chapter IV, of Title I, of Part IV and of Title III-bis, Part II of Legislative Decree No 152 of 2006 (subparagraph 1). Subparagraph 2 establishes that the annexes form an integral part of the Regulation.
The Annexes are as follows:
Annex 1: General criteria for end-of-waste status
Annex 2: Specific criteria for polyolefin-based heterogeneous plastics for end-of-waste status
Annex 3: Specific criteria for SAP for end-of-waste status
Annex 4: Specific criteria for cellulose for end-of-waste status
Annex 5: Specific purposes for using polyolefin-based heterogeneous plastics, SAP or cellulose, with high or low levels of SAP
Annex 6: Declaration of conformity