Italy has notified the European Commission of a draft technical regulation, which aims to introduce biodegradability and compostability requirements for certain single-use plastic packaging. The background is the possibility provided for in the EU Packaging and Packaging Waste Regulation (PPWR) for Member States to regulate exceptions from the general recyclability in certain cases.
With notification 2026/0167/IT, Italy has submitted a proposal to amend the Italian environmental code, Legislative Decree No. 152 of 3 April 2006. The aim is to introduce a mandatory biodegradability and compostability requirement for certain single-use plastic packaging. The draft expressly refers to the option for Member States under Article 9(2)(b) of EU Regulation 2025/40 on packaging and packaging waste.
The draft consists of a single article with two sub-points. Firstly, it is intended to include a new article in Part Four of the legislative decree, which stipulates the obligation of biodegradability and compostability for the packaging listed therein. Furthermore, provisions for compliance with the rules for food-contact materials and waste regulations are to be enshrined. The procedures for determining exemptions pursuant to Annex V number 2 and Article 25 paragraph 4 of Regulation (EU) 2025/40 are also to be regulated.
Exemption from recyclability
As set out in the notified text, the measure is intended to ensure that biodegradable and compostable plastic products can continue to be manufactured. This would create an exception for certain single-use plastic packaging from the recyclability principle laid down in the EU Packaging Regulation.
For the packaging industry, the initiative is primarily relevant from a regulatory perspective. It demonstrates that individual member states intend to use the national flexibility afforded by the regulation to specifically govern compostable solutions for certain packaging applications. This could have implications for material choices, conformity assessments, and the classification of individual packaging formats in the Italian market.
Penalties for violations are foreseen
Alternatively, the draft provides for an addition to Article 261 of Legislative Decree No. 152 of 3 April 2006. This is intended to establish administrative penalties for violations of the newly introduced obligations. The present summary of the notification does not contain specific details on the amount of possible sanctions.
Source: EU Commission
