Brussels made the statement as part of call for views on whether requirements around biodegradable and compostable packaging are fit for purpose as laid out in the 1994 European Packaging Directive.
The Commission also indicated it had been made aware of a number of instances of ‘greenwashing’ – where eco-claims did not meet current legislation or were not backed up with evidence.
It has also asked for views on a possible tax or even ban of plastic bags in the economic bloc.
Lack of clarity
The consultation paper raises concerns that the distinction between compostable and biodegradable is not clear enough – with the ambiguity giving rise to a “proliferation of littering”.
“The Directive doesn't allow for a clear distinction between biodegradable products that should biodegrade in natural conditions in the environment, and compostable products that only biodegrade in industrial composting facilities,” said an EC statement.
Packaging companies, converters, environmental bodies and the public have all been invited to suggest ways of improving biodegradability requirements of packaging products – which includes boosting its visibility to consumers through labelling schemes.
Legislation?
According to Annex II of Directive 94/62/EC biodegradable packaging waste must be capable of “undergoing physical, chemical, thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide, biomass and water”.
The technical criteria for this are set out in standard EN 13432 - which is voluntary but “gives a presumption of conformity” in order to comply with the spirit of the Directive.
But the EC summed up its concerns over the present system as: “In the current practice, a packaging product is acknowledged to be biodegradable if it biodegrades in composting industrial facilities in controlled conditions. However, a product that is compostable in an industrial facility will not necessarily biodegrade in natural conditions in the environment.”
It added that advertising packaging as biodegradable when it fails to break down in natural conditions could mislead the consumer.
“Clear legislative provisions are necessary to make a distinction between compostable products (either industrial composting or home composting) and biodegradable products that should biodegrade in natural conditions in the environment,” said the EC.
Greenwashing
Brussels said it had been informed of claims over compostable and biodegradable products that do not meet present requirements or provided “no solid supportive proofs”.
Rules need to be tightened up to avoid misleading the consumer as there seems to be a “wide potential variation in degradability of common packaging materials used for household products, especially in the case of plastic packaging”.
The lack of EU-wide labelling or marking requirements on compostability and biodegradability means consumers cannot make informed choices, said Brussels.
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