EU fallout: Activists report Italy for exempting biodegradable and compostable plastics from SUPD transposition

19 Jul 2021 --- Environmental campaigners have reported the Italian government to the European Commission (EC) for passing legislation they say violates the EU Single-Use Plastics Directive (SUPD), which came into force recently. 

National governments had until July 3 to transpose SUPD guidelines into their legal systems. Against EU advice, Italian authorities have made exemptions for compostable and biodegradable plastics in their legal transposition.

Activists warn this loophole could threaten environmental sustainability and create an industry financial bubble. 

Speaking to PackagingInsights, Tatiana Lujan, plastics lead lawyer at environmental law charity ClientEarth, says her organization hopes the EU deals with the issue as fast as possible. 

“We hope the EC engages with Italy to remedy this breach, which would be done by revoking the exception for biodegradable and compostable plastic and finishing the transposition correctly this time.”

“If Italy does not do this, the EC will start infringement procedures that could end in taking Italy to court.” 

Greenpeace Italy says Italy’s exemption of biodegradable and compostable packaging in its SUPD transposition suggests it is not fully committed to the circular economy.An official complaint was lodged by Greenpeace Italy, The Rethink Plastic Alliance, ECOS and ClientEarth. The groups are now awaiting the EC’s response. 

Italian loopholes 
The SUPD has banned ten items: single-use plastic cutlery, plates, straws and stirrers, plastic bags, packets and wrappers, and expanded polystyrene food and beverage cups and containers. 

Any such items that are marketed as compostable or biodegradable are no exception, according to the law. This is largely due to large amounts of misinformation and false advertising used to “greenwash” single-use plastics items as “eco-friendly.”

However, the Italian government has set out specific exemptions for these types of single-use items, which purport to be compostable or biodegradable. 

While the campaigners have not speculated on why Italy would pursue these exemptions, the reliance of certain regions and sectors in the country on the production and use of cheap single-use plastics could be construed as an argument for circumventing the law.

However, a Tipa-commissioned review from March found “landslide expert support” for compostable packaging across the EU for reducing plastic contamination in organic waste streams and increasing the amount of food waste captured for recycling.

“Compostable materials are already collected via garden and food waste streams in several European countries. Italy is a real standout example of where they’re doing this right,” Daphna Nissenbaum, Tipa CEO and co-founder, told PackagingInsights.A TIPA-commissioned review this year commended Italy for its composting efforts via organic waste streams.

Consequences of inaction 
Lujan says the breach is not only a threat to the European environment but to the EU’s political climate as well. 

“If Italy is to persevere in exempting biodegradable and compostable single-use plastics, the consumption of single-use plastics will continue business as usual, and so will pollution, with the related impacts on our environment, biodiversity and climate,” she remarks. 

“Moreover, Italy could be creating a financial bubble by leading the industry and investors to continue to build out production capacity of products that should not be legally placed on the internal market.”

If the EU does not intervene, it would impede the achievement of a circular economy and divert businesses from real solutions, she adds. These include solutions like long-lasting, reusable and recyclable products and packaging.

EU lawmakers should see this as a threat not only to economic and environmental sustainability, however. Lujan says allowing the Italian government to continue breaking EU law would set an example contradicting the purpose and function of the EU itself.

“The Italian defiance of EU law is contrary to the principle of sincere cooperation and jeopardizes the operation of the EU. The EU can only function if the Member States abide by the rules agreed. One of those rules is this Directive. Italy participated in the procedures for the approval of this law and should abide by it.”

By Louis Gore-Langton