Obligation to Register with RENTRI for Foreign Waste Intermediaries operating in Italy

Foreign companies based abroad operating in Italy as waste intermediaries are required to register with RENTRI (Registro Elettronico Nazionale per la Tracciabilità dei Rifiuti, or National Electronic Register for Waste Traceability), just like Italian companies.

Italian environmental regulations impose the obligation to register with RENTRI on all entities professionally engaged in waste management activities under Article 188-bis of Legislative Decree 152/2006 (Consolidated Environmental Law), as amended by Legislative Decree 213/2022.

Specifically, waste traders and brokers are expressly included among the subjects obliged to register (for hazardous waste), and concerning non-hazardous waste, they still fall under Article 189(3) of Legislative Decree 152/2006, which mandates RENTRI registration.

Thus, a foreign company operating in Italy as a waste intermediary without storage of non-hazardous waste is subject to the mandatory RENTRI registration, without exceptions based on nationality.
This is confirmed by the latest implementing regulation (Ministerial Decree of April 4, 2023, No. 59) and operational guidelines, which explicitly include waste traders and brokers among the first subjects required to register with RENTRI.

In summary, having a foreign headquarters does not exempt a company from the obligation: if the intermediation activity is conducted in Italy, it must comply with Italian waste traceability regulations.

Recent Regulatory Updates and Categories Subject to Registration

The RENTRI system was introduced to replace the previous SISTRI system, aiming to digitize waste registers and transport documents. The latest regulatory bases include:

• Legislative Decree 116/2020, which reformed Part IV of the Consolidated Environmental Law;
• Legislative Decree 213/2022, which introduced updates;
• Ministerial Decree of April 4, 2023, No. 59, which established the operational rules for RENTRI.

Article 12 of Ministerial Decree 59/2023 specifies the obligated entities, aligning with the updated Article 188-bis of the Consolidated Environmental Law. These include:

• Companies and entities performing waste treatment (e.g., recovery or disposal facilities);
• Producers of hazardous waste (except small producers exempted under Article 9(3) of Ministerial Decree 59/2023) and producers of non-hazardous special waste as outlined in Article 189(3) of Legislative Decree 152/2006;
• Entities and companies collecting or transporting hazardous waste as a professional activity;
• Waste traders and brokers without storage, obligated for hazardous waste and, under Article 189(3) of Legislative Decree 152/2006, also for non-hazardous waste;
• Consortia for the recovery and recycling of specific waste types;
• Municipalities and their associations for the management of hazardous urban waste.

The regulatory provisions were confirmed and updated with phased registration deadlines. Specifically, Article 13 of Ministerial Decree 59/2023 established a gradual implementation plan:

• Phase 1 (starting December 15, 2024): Registration required within 60 days for treatment facilities, professional waste transporters, waste brokers, consortia, and large producers (i.e., producers of hazardous waste or non-hazardous waste from industrial activities with over 50 employees).
• Mid-2025: Obligations extend to producers with 11-50 employees.
• Late 2025 – Early 2026: Registration required for remaining hazardous waste producers.

As waste brokers (including non-hazardous waste) fall into the first registration group, their RENTRI registration deadline is February 13, 2025.

Exemptions and Voluntary Registration

The RENTRI system allows for certain exemptions. The following categories are not required to register:

• Companies exclusively collecting and transporting their own non-hazardous waste;
• Producers of only non-hazardous waste with fewer than 10 employees;
• Special categories such as small-scale agricultural businesses and self-employed professionals generating non-hazardous waste who are not classified as companies.

However, under Article 12(6) of Ministerial Decree 59/2023, those not legally required to register may do so voluntarily. Voluntary registration requires full compliance with RENTRI regulations but allows cancellation starting from the following calendar year.

For a foreign company operating as a waste intermediary without storage of non-hazardous waste, if it falls outside the legal obligation, it may still opt for voluntary registration. However, given that waste brokers are explicitly required to register, for a foreign waste brokerage company operating in Italy, registration is mandatory rather than optional.

How Foreign Companies Can Register with RENTRI

RENTRI registration is exclusively online via the official portal (https://www.rentri.gov.it). Registration requires authentication using an Italian digital identity (SPID, CNS, or CIE) of the individual handling the registration.

For foreign-based companies, registration must be linked to a secondary office or operational unit in Italy, as recorded in the Italian Business Register (REA).

According to official MASE guidelines, foreign entities required to register must indicate their Italian operational headquarters or secondary office listed in the Business Register.

Typically, a foreign company operating in Italy in the waste industry will need to establish an Italian branch or local unit registered under Article 2508 of the Italian Civil Code and use that for RENTRI registration.

Once the unit is selected, the company must specify the activities conducted at the location (e.g., “waste brokerage” or other relevant activities).
The portal automatically retrieves some information from national databases (e.g., environmental management register details for waste transporters and brokers) to facilitate data entry.

RENTRI Fees

To complete registration, the company must pay:

• A registration fee of €10 per local unit;
• An annual contribution of €100 for the first year per local unit and €60 per subsequent year (applicable to waste brokers).

The annual contribution must be paid by April 30 each year.

Once registered, the company is listed in RENTRI and must comply with monthly reporting obligations.

Penalties for Non-Registration with RENTRI

Failure to comply with RENTRI registration requirements incurs administrative fines under Article 258 of Legislative Decree 152/2006:

• €500 – €2,000 for non-compliance related to non-hazardous waste;
• €1,000 – €3,000 for hazardous waste.

Failure to submit required waste movement data to RENTRI also results in similar penalties.

If the company registers within 60 days after the deadline, the fine is reduced by one-third.

Additionally, incorrect record-keeping can lead to further fines:

• €2,000 – €10,000 for failure to maintain waste registers (non-hazardous waste);
• €10,000 – €30,000 for hazardous waste.

Given the strict enforcement and high penalties, foreign companies operating in Italy as waste brokers must register with RENTRI on time to avoid significant financial consequences.

Compliance with RENTRI registration is a legal requirement for foreign waste intermediaries operating in Italy.
Failure to register on time can lead to severe administrative penalties, impacting business operations and financial stability.

Our law firm specializes in Italian environmental compliance and assists foreign companies in navigating the RENTRI registration process, including:

• Assessing regulatory obligations based on business activities;
• Registering with RENTRI through a legally compliant Italian operational unit;
• Ensuring full compliance with Italian waste management regulations to avoid fines and penalties.

If your company operates in waste brokerage or intermediation in Italy, ensure compliance with Italian environmental law.
Contact us today for expert legal assistance.