The Italian government is proposing a significant amendment to the existing Legislative Decree No. 152 of 3 April 2006.

1.    Introduction of Article 226-quinquies

The new Article 226-quinquies, which is added to this decree, introduces the obligation for certain categories of packaging placed on the national market for the first time to comply with the requirements for biodegradability and compostability, certified by accredited bodies in accordance with standard EN 13432 or equivalent standards recognised at European level. This will come into effect from 1 January 2030

The obligation applies to the following categories:

•    (a) single-use plastic packaging for pre-packaged fresh fruit and vegetables weighing less than 1.5 kg;

•    (b) single-use plastic packaging for food and beverages, pre-filled and intended for on-premises consumption in catering establishments;

•    (c) single-use plastic packaging containing individual portions, such as sauces, sugar or coffee cream in the catering sector, subject to the exhaustively listed exceptions;

•  (d) single-use flexible packaging for cosmetic and hygiene products intended for individual use in the hospitality sector.

The provision also includes explicit exceptions, including for packaging provided in connection with takeaway meals for immediate consumption and for applications where compliance with specific hygiene and safety requirements is necessary (for example, in healthcare facilities).

2.    Relationship with other legal frameworks

Article 226-quinquies(2) clarifies that the new obligations are without prejudice to existing legislation on materials intended to come into contact with food, in particular:

•    Regulation (EU) No 10/2011;

•    Regulation (EC) No 1935/2004;

•    Regulation (EC) No 2023/2006.

Nor are the provisions on waste management affected, in particular Article 182-ter(6) of the Decree.

3. Derogation mechanism

In accordance with Annex V, point 2, and Article 25(4) of Regulation (EU) 2025/40, a derogation mechanism is provided for the packaging referred to in points 1(a) and 1(b), where it is demonstrated that its use is unavoidable.

The specific identification of these exceptional cases shall be determined by ministerial decree of the Minister for the Environment and Energy Security, in agreement with the competent ministers, to be adopted within 24 months of the entry into force of the provision.

4. Penalty regime

Article 261 of the Decree is supplemented by a new paragraph 4-quinquies, which introduces an administrative penalty regime for infringements of Article 226-quinquies.

IBE-BVI members may receive this proposed amendment to Decree 152/2006 upon simple request: click here