legislation
Standards
The relevant Standard for degradable packaging in Europe is EN 13432. It is important to understand that the European standards organisation operates differently from individual standards bodies in individual nation states. Members of CEN (Committee European Normalisation) are from each European member state. The Standards created by CEN apply to all member states.
EN 13432 was adopted in 2000 and is to be reviewed in 2005. It is during this review process that the anomaly of omitting a relevant test regime for oxo-degradable technologies will be corrected. EN 13432 was created to satisfy the requirements of industrial composters - it failed to anticipate the demand and performance of oxo-degradable technologies in the market. The rapid conversion rate of carbon to CO2 required by the Standard is not necessarily the best measure of degradability. A process that permits absorption of a percentage of the carbon into the background biomass as is the case with oxo-degradation must be preferable. A series of seminars and discussion groups within the framework of CEN are preparing the 2005 review. Currently TC249/WG9 is finalising a Standard in CEN for Degradability in Soil - Wi 249509.
Legislation
The Packaging Directive of December 20th 1994 is the fundamental precursor to each Member States Packaging Waste Legislation. Along with its review in 1999, it is a mandatory requirement of all Member States to implement the articles of the directive as law.
Whilst each Member State can interpret the Directive with slight alterations in emphasis; the essence of their Legislation must directly reflect the Directive. That essentially is the 'Reduction of Waste' with reuse, recycling and recovery forming 'additional fundamental principles' in reducing the final disposal of waste.
Recycling and Recovery targets are set; currently 65% of all packaging waste must be recovered. It is likely that these targets will gradually rise.
Amongst the definitions of recovery are composting and degradability. Composting is described as 'organic recycling'. CEN 13432 is the defining standard for the compostability of plastic packaging. This year will see an update review of the Standard.
To assist in financing the waste recovery, economic instruments are promoted based on the polluter-pay principle. Generally this is reflected in a shared obligation policy, where each member in the chain of packaging pays a percentage of the final target value.
Failure by Member States to comply with the requirements of the Directive will result in fiscal penalties.
For full detail see http://europa.eu.int/comm/environment/waste/packaging_index.htm