On August 7, 2026, Italian Decree No. 143 (Official Gazette 2026-08-07, No. 26G00166) amended the Italian Environmental Code (Legislative Decree No. 152/2006) by adding Article 226-quinquies. This amendment establishes market entry requirements for specific categories of single-use plastic packaging and revises the penalty provisions under Article 261. Effective January 1, 2030, products included on the list may only be placed on the Italian market if they are certified by an accredited body as meeting requirements for biodegradability and industrial compostability; the legislation also introduces corresponding administrative penalties. The act was subsequently transposed into law via Law No. 173 on October 5, 2026, and has now officially come into effect.
As one of the largest regional markets for industrially compostable packaging in Europe, Italy's expansion of this "mandatory compostability" list raises the compliance threshold for biodegradable packaging exported to Europe. EN 13432 industrial compostability certification has become a mandatory qualification for these product categories to enter the Italian market.
I. Key Regulatory Points
Mandatory Regulated Categories (Effective from January 1, 2030)
Single-use plastic packaging for pre-packaged fresh fruits and vegetables weighing less than 1.5 kg; single-use plastic packaging for pre-filled food and beverages served for on-site consumption in the HORECA (hotel, restaurant, and catering) sector; single-use plastic packaging used in the food service and hospitality industries for individual portions of condiments (such as sauces, creamers, sugar, and pickled items); and flexible plastic packaging for single-use cosmetic or hygiene products provided for individual guest use in the hospitality sector.
Compliance and Certification Requirements
Products must be certified by an accredited body as compliant with the EN 13432 standard or an equivalent industrial composting standard recognized at the EU level. Furthermore, the specifications and intended use of the packaging must fall within the scope permitted by the Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR).
Penalties (Effective from January 1, 2030)
Violations-such as false compliance declarations, misleading labeling, or placing non-certified products on the market-are subject to a base administrative fine ranging from €2,500 to €25,000. If the value of the packaging in question exceeds 10% of the operator's total turnover, the maximum fine may be increased to €100,000.
Exemption Mechanisms
Statutory Automatic Exemptions: Packaging for ready-to-eat takeaway meals, as well as packaging used in healthcare facilities (such as hospitals and nursing homes) for essential hygiene and safety reasons, is automatically exempt from the mandatory compostability requirements.
Exemptions via Subsequent Determination: Packaging for fruits, vegetables, and condiments for which no viable alternative currently exists-subject to technical substantiation-may be eligible for an exemption. The list of exempted items will be issued by the Ministry of Environment and Energy Security, in coordination with the Ministry of Health and the Ministry of Agriculture, Food Sovereignty and Forestry, within 24 months of the regulation's entry into force.
The legislative text includes transitional provisions: mandatory composting requirements will not yet apply to packaging for certain fresh produce-such as strawberries, berries, stone fruits, pre-cut vegetables, mushrooms, and herbs-pending the issuance of supplementary guidelines by the European Commission.
II. EU-Level Procedures and Compliance Disputes
This technical regulation has been notified via the EU's TRIS (Technical Regulations Information System) under notification number 27798 (2026/0167/IT). The legal basis is Article 9 of the PPWR, which grants Member States the authority to implement additional controls on compostable packaging-provided that the Member State possesses a mature system for the collection and industrial composting of organic waste. Italy has cited its established infrastructure for the processing of organic food waste as the justification for this legislation. The Italian government is taking a stand against the EU, insisting on the promotion and use of biodegradable materials!
This revision also serves as a prime example of the internal EU debate between the "compostable" and "recyclable" pathways for packaging. The Packaging and Packaging Waste Regulation (PPWR) primarily prioritizes recyclability and reusability, while maintaining a cautious stance toward compostable materials-driven by concerns that such packaging, if mixed into waste streams, could interfere with the recycling of conventional plastics. During the TRIS notification review period (ending July 6, 2026), the European Commission raised formal inquiries and expressed concerns; however, it did not initiate a veto procedure. Consequently, the Italian regulation moved forward, establishing itself as one of the few national-level mandates within the EU that requires industrial compostability on a broad scale.
