Article 28 paragraph 1 of the Legislative Decree 152-D/2017 of 11 December, commonly known as UNILEX, stipulates that non-reusable packaging does not have to be labelled. Packaging that is part of the deposit and return system (SDR) is an exception. These must be labelled in accordance with Article 28(4). The labelling obligation applies to single-use beverage packaging made of plastic, glass, ferrous metals and aluminium. Reusable packaging such as food and drink containers are also subject to this obligation in accordance with Article 28(7) and (8).
In order to promote the correct separation of waste and improve recycling rates and the quality of packaging waste recovery, the legislator has provided for measures to achieve these objectives and stipulated that one of the following measures must be taken (Article 28(5) of the Packaging Ordinance):
a) Labelling of non-reusable primary and secondary packaging. These should bear a reference to proper disposal, i.e. to the recycling centre where the packaging waste is disposed of.
b) Producers must provide information on the disposal of packaging waste. This can be done via the instructions for use of the product or at the point of sale. The Legislative Decree 24/2024 which amends UNILEX, stipulates in Article 20 that the provisions of Article 28(5)(a) apply from 1 January 2025. Labelling in accordance with letter a) is not mandatory. However, it is one of the options available to producers to fulfil Article 28(5) of UNILEX.
The Portuguese Packaging Ordinance also uses the labelling system of 97/129/EC, as is already known from Italy and other EU countries. Other recycling symbols may also appear on the packaging. The Green Dot is voluntary. Please note that the obligation applies to distributors based in Portugal and also to non-Portuguese distributors. Packaging registration in Portugal is also mandatory for foreign companies. This applies to standard household packaging as well as commercial and industrial packaging.
The take-e-way consulting team will be happy to answer your questions via +49/40/750687-0 or beratung@take-e-way.de.
