Articles 8 & 9 Bio-based & Compostable Packaging
Top line summary
Compostability is explicitly regulated with mandatory standards. Biodegradable materials must be designed for material recycling unless specifically permitted as compostable.
Summary
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📅 Key Dates
Date | Event | Priority |
12 Aug 2026 | Regulation applies | 🔴 Critical |
12 Feb 2026 | Commission requests compostability standards | 🔵 Info |
12 Feb 2028 | Bio-based review; compostability requirements mandatory | 🟠 Important |
Color Guide: 🔴 Critical deadline | 🟠 Important milestone | 🔵 Information/Review
Article 8: Bio-based Feedstock
🟠 WATCHLIST – Review provision, not immediate requirements
By 12 Feb 2028: Commission reviews technological development and environmental performance of bio-based plastics.
Potential outcomes:
- Sustainability requirements for bio-based feedstock
- Mandatory targets for bio-based content
- Limited substitution for recycled-content targets (Article 7) when food-contact recycling tech unavailable
- Amended bio-based plastic definition
🟢 Action: Monitor Commission activities; no immediate compliance required.
Article 9: Compostable Packaging
- Mandatory Compostability (by 12 Feb 2028)
🔴 MANDATORY REQUIREMENT
Required compostable:
- Permeable tea/coffee/beverage bags
- Sticky labels on fruit/vegetables
Requirements:
- Industrial composting compatible
- Home composting compatible (if Member State requires)
- B. Member State Discretionary
🔵 DISCRETIONARY – Member State decision if bio-waste collection + infrastructure exists
May be required compostable:
- Non-metal beverage pods/capsules
- Very lightweight/lightweight plastic carrier bags
- Packaging with pre-existing national compostability requirements (pre-12 Aug 2026)
- All Other Biodegradable Packaging
By 12 Feb 2028: Must be designed for material recycling (Article 6) and not harm recyclability of other streams.
⚠️ Key point: Biodegradable ≠ compostable. Default = recyclable design.
- Standards & Evidence
By 12 Feb 2026: Harmonized standards requested for industrial and home composting.
Standards must cover:
- Retention time, temperature, stirring
- Anaerobic digestion conditions
- Final conversion verification (CO₂/methane + mineral salts, biomass, water)
Compliance: Demonstrate via Annex VII technical documentation.
Interim: EN 13432:2000 may serve as guidance (not presumption of conformity).
- Future Scope
Commission may expand mandatory compostability list via legislative proposal.
📋 Compliance Matrix
Packaging Type | Requirement | Deadline | Priority | Action |
Permeable beverage bags | Must be compostable | 12 Feb 2028 | 🔴 Mandatory | Prepare industrial composting compliance |
Fruit/veg labels | Must be compostable | 12 Feb 2028 | 🔴 Mandatory | Prepare industrial composting compliance |
Non-metal pods | May be required by MS | MS decision | 🔵 Discretionary | Check national rules |
Plastic carrier bags (VLW/LW) | May be required by MS | MS decision | 🔵 Discretionary | Check national rules |
Other biodegradable | Recyclable design | 12 Feb 2028 | 🔴 Mandatory | Ensure Article 6 compliance |
Bio-based plastics | Future regulation | Post-2028 | 🟠 Watchlist | Monitor review |
✓ Development Team Checklist
Immediate actions:
- [ ] Identify mandatory compostable packaging (tea bags, fruit/veg labels)
- [ ] Ensure biodegradable packaging meets recyclability requirements
- [ ] Check target Member States for discretionary compostability rules
Documentation:
- [ ] Prepare Annex VII technical documentation
- [ ] Track standardization developments (Feb 2026)
✓ Regulatory Team Checklist
Monitoring:
- [ ] Monitor Commission standardization request (Feb 2026)
- [ ] Track bio-based review process (Feb 2028)
- [ ] Assess Member State infrastructure for compostability
Verification:
- [ ] Verify industrial composting compatibility
- [ ] Confirm home composting compatibility (where required)
- [ ] Validate recyclability design for biodegradable materials
🔗 Legal References
Primary Regulation: Regulation (EU) 2025/40 – Articles 8-9
Related Articles: Article 3(1) definitions | Article 6 recyclability | Article 7 recycled content | Annex VII technical documentation
Standards: Regulation (EU) No 1025/2012 | EN 13432:2000 (interim guidance)
Food Contact: Regulation (EU) 2022/1616
Legal text - Law EU 40/2025
Check here the legal text
REGULATION (EU) 2025/40
Articles 8 & 9
Article 8: Bio-based feedstock in plastic packaging
- By 12 February 2028, the Commission shall publish a review of the state of technological development and environmental performance of bio-based plastic packaging, taking into account the sustainability criteria set out in Directive (EU) 2018/2001.
- Where appropriate, following the review referred to in paragraph 1, the Commission shall present a legislative proposal with the following:
(a) sustainability requirements for bio-based feedstock in plastic packaging;
(b) targets to increase the use of bio-based feedstock in plastic packaging;
(c) provisions allowing, in limited cases and where suitable food-contact recycling technologies under Regulation (EU) 2022/1616 are not available, to meet the recycled content targets set out in Article 7 of this Regulation using bio-based plastic feedstock recovered from post-consumer plastic waste instead of post-consumer recycled content;
(d) amendments to the definition of ‘bio-based plastic’ laid down in Article 3(1), point (53).
Article 9: Compostable packaging
- By 12 February 2028, packaging referred to in Article 3(1), point (1)(f), and sticky labels affixed to fruits and vegetables shall be compatible with industrial composting in bio-waste treatment facilities, as well as compatible with home composting standards in those Member States that have established such standards.
Compliance with paragraph 1 shall be demonstrated in the technical documentation referred to in Annex VII.
- 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, it may require that packaging referred to in points (a), (b) and (c) be made available on its territory for the first time only if it is compostable:
(a) packaging referred to in Article 3(1), point (1)(g), provided that it is composed of material other than metal;
(b) very lightweight plastic carrier bags or lightweight plastic carrier bags;
(c) packaging which, before the date of application of this Regulation, was subject to a requirement to be compostable pursuant to national law.
Paragraph 1 shall apply to the packaging referred to in the first subparagraph of this paragraph.
- By 12 February 2028, packaging that contains biodegradable plastic polymers and other biodegradable materials shall comply with Article 6 and shall not negatively affect the recyclability of other waste streams.
- By 12 February 2026, the Commission shall issue a request to the European standardisation organisations, in accordance with Article 10 of Regulation (EU) No 1025/2012, to draft or revise harmonised standards for industrial composting and home composting which provide detailed technical specifications for the requirements laid down in paragraphs 1 and 2 of this Article. Those harmonised standards shall reflect the actual conditions in bio-waste treatment facilities, in particular retention time, temperature and stirring and include anaerobic digestion processes. They shall ensure that compostable packaging can be fully converted, without oxygen, to carbon dioxide or methane, as well as to mineral salts, biomass and water, and that it does not negatively affect composting processes and the quality of the resulting compost.
Until such time as references to the harmonised standards referred to in the first subparagraph of this paragraph are published in the Official Journal of the European Union and where no common specifications are applicable in accordance with Article 36(4), harmonised standard EN 13432:2000 may be used to demonstrate compliance with paragraph 1 or 2 of this Article as appropriate.
- The Commission may analyse whether other packaging should be added to the list of packaging referred to in paragraph 1, and, where appropriate, present a legislative proposal to that effect.
Source: Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste
Official Journal of the European Union, L series, 22 January 2025
