Italy is moving to introduce new rules that could exempt certain single-use plastic packaging from the European Union’s recyclability requirements. The government has submitted a draft law to the European Commission aimed at expanding the use of biodegradable and compostable materials.
The proposal, formally notified under EU procedures, would amend Italy’s environmental legislation and relies on flexibility provisions in the EU’s new packaging regulation.
Exemption from the EU recycling principle
At the core of the initiative is a shift away from recyclability for specific packaging types. Instead, certain single-use plastics would be required to meet biodegradability and compostability standards.
The proposal refers to Article 9 of EU Regulation 2025/40, which allows member states to introduce exceptions under defined conditions.
Market impact and regulatory uncertainty
The packaging industry is closely monitoring the development, as it could influence material choices, compliance requirements and product classification across the Italian market.
The move highlights how individual member states may use regulatory flexibility to promote specific material solutions. In practice, this could lead to a more fragmented regulatory landscape within the EU.
Such divergence risks creating uncertainty for manufacturers and suppliers operating across borders, particularly as different national rules may apply to similar products.
At the same time, questions remain over whether compostable plastics offer a viable solution to waste challenges. Many require specialised treatment facilities and are not always compatible with existing waste management systems.
Penalties proposed for non-compliance
The draft law also includes provisions for administrative penalties for companies that fail to comply with the new requirements.
However, the notification submitted to the European Commission does not specify the level of fines or other sanctions.
The proposal will now undergo EU review before any final decision on its implementation in Italian law.
Source: European Commission
Fact check
The EU’s packaging regulation aims to increase recycling rates and reduce plastic waste across the bloc. However, it allows limited exemptions, which Italy is now seeking to apply to compostable materials.