July 24, 2026 14:10
The dispute between Rome and Brussels over the use of certain compostable single-use plastic items has resurfaced.
The Italian government intends to introduce the requirement by relying on provisions contained in EU packaging legislation, particularly Article 9 of the Packaging and Packaging Waste Regulation (PPWR).
The background is as follows. On 1 April 2026, the Italian government notified the European Commission of a draft technical regulation that would require certain categories of single-use plastic packaging to be biodegradable and compostable from 1 January 2030.
In summary, the measure would cover:
However, in a letter dated 6 July 2026, reviewed by this publication, the European Commission raised two sets of concerns over a possible conflict between the proposed rule and both the Packaging and Packaging Waste Regulation (PPWR) and the Single-Use Plastics Directive.
These are comments rather than a detailed opinion that would block the measure. In such cases, the draft technical regulation is considered broadly compatible with EU law but requires clarification or raises certain concerns. The comments also do not extend the standstill period.
According to Brussels, the PPWR establishes that, as a general rule, all packaging placed on the market must be recyclable, although it allows Member States to require certain categories of packaging to be compostable under specific conditions.
The draft technical regulation submitted to the Commission would appear to fail to meet one of these conditions, namely the timing requirement. To make use of the derogation, Italy should have required the packaging to be compostable before 12 August 2026, the date on which the regulation becomes applicable. The Italian proposal, by contrast, would introduce the obligation only from 1 January 2030.
The Commission is also seeking clarification on Italy’s actual capacity to collect and treat this packaging together with organic waste. It also highlights a cross-border issue: compostable packaging placed on the Italian market could become waste in another Member State without suitable infrastructure, enter the wrong waste stream and compromise the recycling of other materials.
The second issue concerns a possible conflict with the Single-Use Plastics Directive, which does not distinguish between compostable and conventional plastics.
The key point is that, under EU law, a material does not cease to be “plastic” simply because it is biodegradable, compostable or made from bio-based feedstocks. Consequently, according to Brussels, the packaging covered by the Italian proposal remains single-use plastic packaging and continues to fall within the scope of Directive (EU) 2019/904. In other words, compostability does not automatically create an exemption from bans or consumption-reduction obligations.
The Commission is concerned that the Italian measure, rather than reducing reliance on single-use products, could entrench their use by replacing conventional plastic with compostable plastic.
In the letter, the Commission invites Italy to reassess the measure’s compatibility with the Packaging and Packaging Waste Regulation, particularly regarding the date on which the requirement would take effect; clarify the exclusion of single-use plastic plates, which are already banned; demonstrate that its collection and composting infrastructure is adequate; and notify the Commission of the final text once adopted.
The comments therefore do not amount to a rejection of the proposal and do not extend the standstill period, meaning that the measure could now be approved. However, they require the Italian government to provide clarification and reassess the proposal’s compatibility with EU law.
The Italian industry association Assobioplastiche, which was contacted for comment, considers the measure proposed by the Italian government essential to protecting the entire industrial value chain, particularly the agri-food sector and large-scale retail distribution.
“This measure would shield these sectors from the bans on single-use plastic packaging introduced by the PPWR, while offering a valid alternative from both a technical and sustainability perspective for all applications in which packaging with specific functions and characteristics is indispensable. We also hope that the procedure will be completed by 11 August, in order to protect the entire value chain from any uncertainty.”
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