Article 9 of Regulation (EU) 2025/40, the EU Packaging and Packaging Waste Regulation.
| Applies from | 12 February 2028 |
|---|---|
| Binds | Manufacturers, importers |
| Evidence | LOCKED read in the EUR-Lex text |
Names the narrow set of formats that must be industrially compostable rather than recyclable, and the set is narrower than commonly reported. Art. 9(1) mandates EU-wide, from 12 February 2028, only the packaging in Art. 3(1)(1)(f), which is a permeable tea, coffee or other beverage bag or a <strong>soft</strong> after-use single-serve unit, plus sticky labels affixed to fruit and vegetables. Rigid non-permeable single-serve units intended for a machine (coffee capsules) fall under Art. 3(1)(1)(g) and appear only in Art. 9(2)(a) as a <strong>member state option</strong>, and then only where made of material other than metal, so aluminum capsules sit outside even the option. Very lightweight and lightweight plastic carrier bags are likewise Art. 9(2)(a) options rather than an EU mandate, and the option is conditional on that member state collecting comparable waste with bio-waste and having suitable treatment infrastructure. Art. 9(1) is material-neutral, so a paper-based soft single-serve unit is caught. Everything else defaults to the recyclability regime under Art. 9(3), which is why a compostable claim is not a general escape route from Art. 6.