The European Union has launched an infringement procedure against Italy for failure to comply with European directives on single-use plastics and transparency in the internal market. The issue revolves around Directive 2019/904, known as the SUP (Single-Use Plastics) Directive, and Directive 2015/1535, which imposes procedural obligations for the notification of national technical rules.
The heart of the problem is twofold. First, Italy did not respect the three-month suspension period between the notification to the European Commission of the draft technical regulation and its adoption into national legislation. This period is essential to ensure transparency and prevent obstacles in the European internal market. By adopting the legislation on single-use plastics before the expiry of this period, Italy violated the procedural rules established by Directive 2015/1535.
Secondly, Italy has not correctly transposed some provisions of the SUP Directive. The European Commission has highlighted that the exemptions introduced by the Italian government, in particular those concerning biodegradable and compostable plastics, do not comply with the European directive. The SUP Directive aims to reduce the environmental impact of single-use plastics, and includes biodegradable plastics in its definition of plastic, without providing exceptions.
The dialogue between the European Commission and the Italian government began during the Draghi administration. In December 2021, Thierry Breton, Commissioner for the Internal Market, sent a detailed opinion to Italy, underlining that the Italian decree excluded from the definition of plastic, and therefore from the application of the directive, plastic films used to cover plastic products paper. Breton also criticized the exceptions for biodegradable plastics, saying that the directive clearly includes these too.
Despite communications and reminders from the Commission, Italy proceeded with the adoption of the legislation without waiting the six months required by the detailed opinion, publishing the legislative decree in the Official Journal on 14 January 2022. This move further complicated the situation, pushing the Commission to formally open the infringement procedure.
The biodegradable and compostable plastics industry in Italy is a significant sector, with an annual production of approximately 128,000 tonnes and a turnover of over one billion euros. However, the Italian approach to the transposition of the SUP Directive has generated uncertainties in the market. While the production of traditional single-use plastics has decreased, that of bioplastics has grown by 23% between 2021 and 2022. Despite this, sales of compostable bioplastic tableware have dropped by 20% in the last year, in favor of products in traditional plastic labeled as reusable.
What are the next steps?
The Italian government now has two months to respond to the letter of formal notice sent by the European Commission and provide adequate explanations. In the absence of satisfactory answers, the Commission may issue sanctions against Italy.
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