§8 Flexibility for Member States to mandate compostable packaging and presumption of conformity

Legal provisions: Recital (53): ‘The bio-waste waste stream is often contaminated with conventional plastics and the material recycling streams are often contaminated with compostable plastics. This cross-contamination leads to waste of resources and lower quality secondary raw materials and should be prevented at source. In light of that concern, Member States should specify the appropriate waste management on their territory for compostable packaging. As the proper disposal route for compostable plastic packaging is becoming increasingly confusing for consumers, it is justified and necessary to lay down clear and common rules on the use of compostable plastic packaging, mandating it only when its use brings a clear benefit for the environment or for human health. This is particularly the case when the use of compostable packaging helps collect or dispose of bio-waste, for example for products where the separation between the content and packaging is particularly complex, such as tea bags.’ Recital (54): ‘For limited packaging applications made of biodegradable plastic polymers, there is a demonstrable environmental benefit in using compostable packaging which enters composting plants, including anaerobic digestion facilities under controlled conditions. Furthermore, where a Member State applies Article 22(1), second subparagraph, of Directive 2008/98/EC and appropriate waste collection schemes and waste treatment infrastructures are available in that Member State, there should be flexibility for that Member State to decide whether to allow the making available on its territory for the first time of compostable packaging for coffee, tea or other beverage system single-serve units that are composed of packaging material other than metal, and very lightweight plastic carrier bags, lightweight plastic carrier bags and the making available on their territory for the first time of other packaging that was subject to a requirement to be compostable before the date of application of this Regulation. In order to avoid consumer confusion about the correct disposal route, and considering the environmental benefit of circularity of carbon, all other packaging should go into material recycling and the design of such packaging should ensure that it does not affect the recyclability of other waste streams.’ Recital (56): ‘As described in the “EU policy framework on biobased, biodegradable and compostable plastics”, set out in the communication of the Commission of 30 November 2022, compliance with standards for industrial composting does not imply decomposition in home composting. In industrial composting, the required conditions are high temperatures and high humidity levels. In home composting, which is carried out by private individuals, including in communities, the actual conditions depend very much on local climate circumstances and consumer practices. Hence, biodegradation in home composting risks being slower than in industrial composting or not to be completed. In particular, home composting for plastic packaging should only be considered for specific applications and in the context of specific local conditions under the supervision of the relevant authorities.’ Article 9(2): ‘By way of derogation from Article 6(1), where Member States allow waste with similar biodegradability and compostability properties as bio-waste pursuant to Article 22(1) of Directive 2008/98/EC to be collected together with bio-waste, and appropriate waste collection schemes and waste treatment infrastructure are available to ensure that compostable packaging enters the bio-waste management stream, Member States may require that the following packaging shall be made available on their territory for the first time only if the packaging is compostable: (a) packaging referred to in Article 3(1), point (1)(g), composed of material other than metal, very lightweight plastic carrier bags and lightweight plastic carrier bags; (b) packaging other than that referred to in point (a) of this paragraph for which the Member State already required that they be compostable before the date of application of this Regulation.’ Commission’s interpretation: Member States can decide whether packaging additional to packaging formats listed in Article 9(1) and in point (a) of Article 9(2) should be compostable on their territories until 12 August 2026. Member States may only decide that such additional compostable packaging formats are industrially compostable. Member States should communicate any national rules mandating compostability for additional packaging items clearly to the economic operators and to the general public, as well as to the European Commission, to avoid any confusion. Member States are advised to compile explicit lists of such items and make them public to ensure that economic operators can comply with the related labelling and compostability requirements. While the Regulation allows home-compostability for a limited number of plastic packaging items listed in Article 9(1), reflecting situations where Member States implement home-composting as one of the waste management options for bio-waste, the home-composting should only be considered in the context of specific local conditions and implemented under the supervision of the relevant authorities. Member States should communicate any national rules mandating home-compostability clearly to the economic operators and to the general public, as well as to the European Commission, to avoid any confusion. Member States are advised to compile explicit lists of such items and make them public to ensure that economic operators can comply with the related labelling and compostability requirements. The PPWR allows Member States to mandate home-compostability before the adoption of the relevant harmonised standards, or even in their absence. As regards the presumption of conformity of home-compostable packaging, any existing national standards on home-compostability and existing certifications schemes may be used by manufacturers to demonstrate compliance with Article 9, but such certifications do not create a presumption of conformity with the compostability requirement. By 12 February 2026, the Commission will request the European standardisation bodies to create a new, EU-wide standard on home compostability, pursuant to Article 9(6). The existing standard EN 13432 on industrial composting (21) can be used as guidance until the new standard is adopted. However, the presumption of conformity with the new harmonised standards on compostable packaging will only be possible again from the date when a new decision listing relevant harmonised standards, as requested by the Commission pursuant to Article 9(6), is published in the Official Journal of the European Union.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07