Despite a request for explanation from the European Commission (an opinion that carries no veto power-see previous reports), the Italian government is determined to push forward with new regulations requiring the use of compostable plastic for specific categories of single-use packaging.
On August 4, 2026, the Italian Cabinet formally approved a decree amendment introducing mandatory provisions to the *Environmental Code* (Legislative Decree No. 152 of April 3, 2006):
Specific packaging products placed on the Italian market must obtain certification of compliance for biodegradability and compostability.
This measure is implemented under the authority granted to member states by Article 9 of the EU *Packaging and Packaging Waste Regulation* (PPWR), contingent upon the existence of a comprehensive domestic system for the collection and processing of organic waste.
Scope of Mandatory Application:
1. Packaging for pre-packaged fresh fruit and vegetables (net weight of 1.5 kg or less per unit);
2. Single-use plastic packaging for food and beverages consumed on-site in the hospitality, catering, and institutional food service sectors;
3. Single-use plastic packaging for individual condiment portions accompanying meals (excluding certain small-quantity exemptions);
4. Single-use flexible plastic packaging for cosmetics and toiletries provided in hotel guest rooms.
Core Objective of the Policy
The Cabinet announcement states that the regulation aims to ensure the operational stability of Italy's domestic compostable bioplastic supply chain and downstream packaging industries, while supporting the continued growth of the local bioplastics sector.
Objections Raised by the European Commission
The European Commission has pointed out two potential areas of regulatory conflict:
1. Contradictions with the EU *Packaging and Packaging Waste Regulation* (PPWR) and the *Single-Use Plastics Directive* (SUP): The core legal criterion under EU law is that, regardless of whether a plastic is biodegradable, compostable, or bio-based, it remains classified as plastic.
2. Risks regarding cross-border circulation: Compostable packaging placed on the market in Italy could become waste in other EU member states; if those states lack the necessary organic waste processing facilities, the packaging might mix with general waste streams, thereby disrupting other material recycling systems. However, these opinions from the European Commission do not amount to a formal rejection of the measure, nor do they extend the standstill period stipulated by the Technical Regulation Information System (TRIS) notification procedure.
