Italy has passed a law that mandates compostable versions of single-use plastic packaging formats that will otherwise be banned under the Packaging and Packaging Regulation, from lightweight fresh produce packs to condiment wrappers.
Decreto-Legge n. 143 applies to single-use plastic packaging for pre-packaged vegetables weighing less than 1.5kg; and to single-use flexible packaging for cosmetics, beauty and hygiene products served in the hospitality sector that would be discarded before the next guest arrives.
It also applies to pre-filled, single-use plastic packaging for food and drinks served in the HORECA sector – this includes products intended for on-site consumption or individual portions of condiments.
However, the law excludes packaging for takeaway foods intended for immediate consumption without further preparations, and packaging that maintains safety and hygiene in medical environments such as hospitals, clinics and nursing homes.
All the packaging in question must be certified as compostable under EN 13432 or an equivalent standard recognized at the European level.
These requirements originate in Article 25 and Annex V of the Packaging and Packaging Waste Regulation, which will already prohibit certain single-use plastic packaging formats on the EU market from 1 January 2030.
Under Article 9(2)(b) of the Regulation, Member States may choose to permit these packaging formats if they are biodegradable or compostable, collected together with biowaste, and subject to established waste collection schemes and waste treatment infrastructure for compostable packaging.
The Regulation also requires all packaging placed on the European market to align with design-for-recycling requirements by 1 January 2030, with the Commission expected to publish its criteria by 1 January 2030. Decreto-Legge n. 143 is set to provide businesses with an alternative approach with a three-year transition period for full legal certainty.
Businesses that do not comply by 1 January 2030 will face penalties of €2,500 – €25,000. The maximum fee may increase up to fourfold if the violation concerns quantities of packaging with a value exceeding 10% of the company’s turnover.
As per the Packaging and Packaging Waste Regulation, micro-enterprises are exempt from the requirements under two conditions: a) they can demonstrate that compostable packaging is not technically feasible for their business, or b) they cannot access the relevant infrastructure.
The news comes after France announced that it would scrap its mandatory deposit system for plastic bottles, instead advising towns and cities to set up voluntary schemes. This is despite the Packaging and Packaging Waste Regulation’s requirement for Member States to establish fully operational national deposit return systems for single-use plastic beverage bottles of up to 3L in size by 1 January 2029.
The German Federal Ministry for the Environment has also presented an amendment proposal to update the Packaging and Packaging Waste Regulation and exempt small retailers from appointing an authorized representative in every EU Member State they sell to. It also recommends suspending the new measures until a central European system for manufacturer registration is operational in mid-2028.
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