Plastic packaging

Proposal for a technical regulation laying down biodegradability and compostability requirements for certain single-use plastic packaging

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