G/TBT/N/ITA/39

1 April 2026

(26-2613)

Committee on Technical Barriers to Trade

Original: English

2.

Agency responsible:

Ministry for Enterprises and Made in Italy

Market and Protection Department

General Directorate for Consumers and Market

Division II. Technical regulations - Product safety and conformity, product and service quality

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], Other:

4.

Products covered (HS codes or national tariff lines. ICS numbers may be provided in addition, where applicable): Articles for the conveyance or packaging of goods, of plastics; stoppers, lids, caps and other closures, of plastics (HS code(s): 3923); Packaging and distribution of goods in general (ICS code(s): 55.020)

5.

Details of notified document(s) (title, number of pages and languages, means of access): Proposal for a technical regulation establishing biodegradability and compostability requirements for certain single-use plastic packaging; (2 page(s), in Italian)

Link to notified document(s) and/or contact details for agency or authority which can provide copies upon request:

https://members.wto.org/crnattachments/2026/TBT/ITA/26_01822_00_x.pdf

Text on line at: https://technical-regulation-information-system.ec.europa.eu/it/notification/27798 (Notification number 2026/0167/IT) and/or: https://technical-regulation-information-system.ec.europa.eu/it/search

6.

Description of content: The draft legislation amends the provisions contained in Legislative Decree No 152 of 3 April 2006 with the aim of introducing a requirement for biodegradability and compostability for certain types of packaging, 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 subparagraphs.

Paragraph 1(a): provides for the insertion of a new article in Part Four of Legislative Decree No. 152 of 3 April 2006, introducing the requirement for biodegradability and compostability for the packaging listed therein.

Furthermore:

- reference is made to the obligations to comply with the legislation on the use of materials intended to come into contact with food and the relevant provisions on waste management;

- the procedures for defining 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 are regulated.

Paragraph 1, point (b): provides for the insertion of a new paragraph into Article 261 of Legislative Decree No 152 of 3 April 2006, in order to provide for specific administrative penalties for failure to comply with the obligations referred to in point (a) of the proposal.

7.

Objective and rationale, including the nature of urgent problems where applicable: By imposing a requirement for certain single-use plastic packaging to be biodegradable and compostable, the measure allows for its production as an exception to the general recyclability requirement set out in Regulation 2025/40, thereby ensuring that biodegradable and compostable plastic products, which represent environmentally sound solutions, continue to be manufactured.; Protection of the environment

8.

Relevant documents:

• Legislative Decree 8 November 2021, n. 196

• REGULATION (EU) 2025/40 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Provision of comments

Final date for comments: 31 May 2026

[X] 60 days from notification

Contact details of agency or authority designated to handle comments regarding the notification: