The Italian Government has given final approval to the provision that aligns national legislation with Regulation (EU) 2022/1616 , the text that from 2022 regulates in a comprehensive and directly applicable way the production and placing on the market of recycled plastic materials and objects intended to come into contact with food (the so-called MOCA ).What does the decree provide?
The measure, approved by the Council of Ministers on 2 July 2026, does not introduce new technical rules — already established at Community level — but strengthens the control and surveillance tools along the entire recycling chain .Two main innovations:
- National database of plants : a register of recycling and production facilities is established at the Ministry of Health, consistent with the Union Register already provided for by Regulation 2022/1616 and managed at European level.
- New sanctioning system : administrative sanctions are recalibrated based on the severity of the violation, with a mechanism that provides for the reinvestment of the sums collected in sector control and supervision activities.
The European context
Regulation (EU) 2022/1616, published on 20 September 2022 and in force since 10 October of the same year, replaced the previous Regulation (EC) 282/2008, expanding the range of permitted recycling technologies – including chemical recycling, previously excluded – and introducing a process authorisation system based on EFSA assessment.The text has been subject to a correction (EU Regulation 2025/2269, published on 13 November 2025 ) which clarified the labelling obligations and responsibilities in the event of transfer of authorisations between operators.
Being a European regulation , the text is already directly applicable in all Member States without the need for technical transposition.
The intervention of the Italian Government therefore concerns the organizational and sanctioning aspects , necessary to guarantee the effective application of the rules and official controls on the national territory.
Greater transparency thanks to the European database of recyclers
Among the main innovations of EU Regulation 2022/1616 is the establishment of the Union Register dedicated to new recycling technologies, recyclers, recycling processes, recycling schemes and decontamination facilities .The tool was designed to ensure greater transparency and facilitate supervisory activities by the competent authorities.
Companies operating in the sector must register their facilities and provide detailed information on their processes, regulatory compliance, and activity monitoring.
The goal is to create a traceable and verifiable supply chain , capable of offering greater guarantees to both economic operators and end consumers.
Food safety and more stringent criteria
The European regulation arises from the need to reconcile two strategic priorities: increasing the use of recycled material in packaging and maintaining high standards of public health protection .For this reason, only materials obtained through recycling technologies considered suitable or through new technologies subjected to the specific evaluation procedures required by the regulation can be placed on the market .
Recycled materials must be microbiologically safe and must not release substances in quantities that could compromise human health or alter the characteristics of food.
The authorised technologies are listed in Annex I of the Regulation and are based on scientific assessments by the European Food Safety Authority (EFSA).
New obligations for operators
The regulatory adjustment also strengthens the documentation requirements for companies.Recyclers and processors must prepare declarations of conformity, monitoring systems and technical documentation to demonstrate compliance with the requirements set out in European legislation.
For food packaging companies, it will therefore be increasingly important to verify the origin of recycled raw materials , the compliance of production processes, and the correct registration of the plants involved in the supply chain.
Market impact
For the industrial sector, the new regulatory framework represents a challenge but also an opportunity.On the one hand, it increases the level of control and responsibility along the supply chain; on the other, it creates more favorable conditions for the growth of the market for recycled plastics for food packaging, one of the most strategic areas for achieving Europe's circular economy goals.
The harmonization of rules between Member States aims to encourage investments in advanced recycling technologies , increase the availability of high-quality secondary raw materials, and strengthen industrial users' confidence in recycled materials.
For companies in the packaging, food, and recycling sectors , compliance with the new rules will not only be a regulatory requirement, but an increasingly crucial element for competing in a market geared toward sustainability and food safety.