IT2026/0167/IT
Proposal for a technical regulation laying down biodegradability and compostability requirements for certain single-use plastic packaging
- Jurisdiction:
- Italy
- Type:
- Chemical Restriction · Organics Diversion
- Last action:
- Apr 1, 2026
Plastic PackagingBiobased
Review this measure’s obligations and confirm whether they reach your products
Obligations under this law
- ·Ensure that certain single-use plastic packaging is biodegradable and compostable in accordance with the new article inserted into Part Four of Legislative Decree No 152 of 3 April 2006
- ·Comply with regulations on the use of materials intended to come into contact with food
- ·Comply with relevant provisions on waste management
No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.
Establishes mandatory biodegradability and compostability requirements for single-use plastic packaging under EU Regulation 2025/40, advancing circular-economy policy in the biological cycle by mandating materials compatible with organics-recovery infrastructure; currently in TRIS standstill period (ends 2026-07-07) with administrative penalties for non-compliance.
Covered Products
- ·Certain single-use plastic packaging required to be biodegradable and compostable
Producer Obligations
- ·Ensure that certain single-use plastic packaging is biodegradable and compostable in accordance with the new article inserted into Part Four of Legislative Decree No 152 of 3 April 2006
- ·Comply with regulations on the use of materials intended to come into contact with food
- ·Comply with relevant provisions on waste management
- ·Apply for or observe exemptions as provided under Annex V, point 2, and Article 25(4) of Regulation (EU) 2025/40
Exemptions
- ·Exemptions as provided in accordance with Annex V, point 2, of Regulation (EU) 2025/40
- ·Exemptions as provided in accordance with Article 25(4) of Regulation (EU) 2025/40
Key Deadlines
Jul 7, 2026compliance: End of TRIS standstill period; regulation cannot be adopted before this date
Enforcement
Italian administrative authorities (unspecified in the text): Administrative penalties for failure to comply with biodegradability and compostability obligations, to be inserted as a new paragraph in Article 261 of Legislative Decree No 152 of 3 April 2006; specific amounts not yet specified in the draft
Preemption Notes
The measure is notified under Directive (EU) 2015/1535 as a draft technical regulation. It implements the option granted to Member States under Article 9(2)(b) of EU Regulation 2025/40, but may face scrutiny from the European Commission or other Member States during the standstill period ending 2026-07-07.
Compliance Dimensions
PenaltiesPenalties for non-compliance
“Paragraph 1(b): provides for the insertion of a new paragraph in Article 261 of Legislative Decree No 152 of 3 April 2006 in order to provide for appropriate administrative penalties for failure to comply with the obligations referred to in point (a) of the proposal.”
Bans & RestrictionsCertain single-use plastic packaging that is not biodegradable and compostable (Material Restriction)
“The proposed legislation amends the provisions of Legislative Decree No 152 of 3 April 2006 with the aim of introducing a requirement for certain packaging to be biodegradable and compostable, in line with the option granted to Member States under Article 9(2)(b) of EU Regulation 2025/40.”
Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.
Full bill text
TRIS notification 2026/0167/IT — draft technical regulation notified under Directive (EU) 2015/1535 (not yet adopted) Proposal for a technical regulation laying down biodegradability and compostability requirements for certain single-use plastic packaging End of standstill: 2026-07-07 1. MSG 001 IND 2026 0167 IT EN 01-04-2026 IT NOTIF 2. Italy 4. 2026/0167/IT - S10E - Packaging 5. Proposal for a technical regulation laying down biodegradability and compostability requirements for certain single-use plastic packaging 6. Plastic packaging 7. 8. The proposed legislation amends the provisions of Legislative Decree No 152 of 3 April 2006 with the aim of introducing a requirement for certain packaging to be biodegradable and compostable, in line with the option granted to Member States under Article 9(2)(b) of EU Regulation 2025/40. The draft legislation consists of a single article, comprising one paragraph divided into two sub-paragraphs. Paragraph 1(a): provides for the insertion of a new article in Part Four of Legislative Decree No 152 of 3 April 2006, which introduces the obligation of biodegradability and compostability for the packaging listed therein. The following are also included: - having set out the obligations regarding compliance with the regulations on the use of materials intended to come into contact with food and the relevant provisions on waste management; - set out the procedures for determining the exemptions provided for in accordance with Annex V, point 2, and Article 25(4) of Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste. Paragraph 1(b): provides for the insertion of a new paragraph in Article 261 of Legislative Decree No 152 of 3 April 2006 in order to provide for appropriate administrative penalties for failure to comply with the obligations referred to in point (a) of the proposal. 9. By imposing a requirement for certain single-use plastic packaging to be biodegradable and compostable, the measure allows for its production as an exception to the general recyclability requirement set out in Regulation 2025/40, thereby ensuring that biodegradable and compostable plastic products, which represent environmentally sound solutions, continue to be manufactured. 10. References to basic texts: 11. No 12. 13. No 14. No 15. Yes 16. TBT aspects: The draft is a technical regulation or a conformity assessment SPS aspects: No
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