A technical and legal guide to essential certifications for biodegradable and compostable packaging, focusing on regulatory requirements, penalty risks, and proper environmental reporting

by Marco Arezio

In recent years, the transition to a more sustainable production system has led the packaging industry to confront new regulatory and market challenges. In this context, biodegradable and compostable packaging has emerged as a key player in a green revolution involving businesses, consumers, and institutions. However, behind this apparent simplicity lies a complex universe of legal obligations, technical certifications, and sanctions risks that every operator in the supply chain must understand to avoid costly mistakes and protect their reputation.

Definitions: What does "biodegradable" and "compostable" mean according to the law?

The legal approach to the definitions of "biodegradable" and "compostable" stems from the need to ensure clarity and protection for both the market and the environment. These are not mere advertising slogans: the definitions are strictly linked to the relevant technical standards, which serve as a regulatory compass for those who produce, import, or sell packaging.

According to European regulations, the term "biodegradable" applies only to materials that decompose under specific conditions thanks to the action of specific microorganisms, eventually transforming into basic elements such as water, carbon dioxide, and biomass, within a timeframe considered technically acceptable. Conversely, "compostable" refers to materials that, in addition to biodegrading, can be transformed into compost through industrial processes, without leaving harmful or polluting residues in the final product.

These requirements are primarily governed by the UNI EN 13432:2002 standard, which, in the Italian and European regulatory landscape, constitutes the legal basis for any conformity assessment regarding the biodegradability and compostability of packaging. Anyone who misuses these terms without the support of this standard risks administrative fines and greenwashing practices, prosecuted by the Authority.

Regulatory framework: applicable laws

Packaging industry operators, and more generally anyone who markets products declared biodegradable or compostable, operate within a multi-level regulatory framework, where the hierarchy of sources—from European to national law, up to harmonized technical standards—requires detailed knowledge of the applicable rules.

Directive 94/62/EC on packaging and packaging waste constitutes the European legislative framework, introducing stringent obligations both to reduce environmental impacts and to promote recyclability and recovery. EU Regulation 2019/904 follows this trend, limiting the use of single-use plastics and encouraging the adoption of certified compostable materials in certain sectors. In Italy, these directives are implemented and strengthened by Legislative Decree 152/2006, known as the "Environmental Code," and by more recent legislation (such as Law 221/2015 and Legislative Decree 116/2020), which detail requirements, limits, and penalties, depending on the use and materials.

It is within this layering of regulations that the need for precise certifications and transparent and truthful communication practices arises. The rules are not limited to production controls, but extend their scope to the marketing, labeling, and consumer information phases.

Mandatory certifications: what you really need

From a legal perspective , marketing packaging as "biodegradable" or "compostable" requires technical certification from an accredited body. The UNI EN 13432 standard serves as a watershed: only materials and products that pass the rigorous tests it requires can be legally defined as such.

This certification process is not a mere formality. Rather, it involves a series of scientific tests—from assessing the rate of biodegradation to physical disintegration, to the absence of ecotoxicological effects and hazardous substances—which must be conducted according to shared and documented protocols.

In Italy, the marks issued by the Italian Composting Consortium (CIC), TÜV Austria, or DIN CERTCO are recognized as a guarantee of compliance with European standards. The absence of this certification not only prevents the use of biodegradability or compostability claims, but also carries the concrete risk of administrative sanctions, market recalls, and liability claims, both from regulatory authorities and from competitors and consumers.

Environmental labeling and communication: what you can and cannot write

In an era where transparency is at the heart of the relationship between businesses and consumers, environmental labeling on packaging takes on a legally sensitive and strategic role. It's no longer sufficient to simply use generic symbols or vaguely suggestive terms about eco-sustainability; the law requires timely, verifiable communication consistent with the certifications obtained.

Since 2023, Italian lawmakers have introduced a general requirement for environmental labeling, requiring precise information on the nature of the material, disposal methods, and final destination (for example, "organic/wet waste collection" only if certified compostable).

Compliance with these requirements is not just a formality, but a safeguard against deceptive practices and greenwashing. Violators risk administrative sanctions, fines from the Italian Competition Authority (AGCM), and possible exclusion from separate waste collection networks.

Companies are therefore required to avoid generic or suggestive environmental claims ("eco-friendly," "100% biodegradable," "environmentally friendly") unless supported by EN 13432 certification. They must always display the certifying body's mark along with the disposal instructions. In the event of an inspection, the lack of supporting documentation exposes the operator to potentially significant fines.

Obligations and responsibilities along the supply chain

In sustainable packaging law, the chain of responsibility is broad and involves all parties involved, in any capacity, in the production, distribution, and sale of the product . Regulatory compliance, therefore, does not end with the manufacturer, but also involves importers, distributors, retailers, and even professional users.

Anyone marketing packaging declared biodegradable or compostable must be able to demonstrate, at all times, that the product complies with legal and technical standards. Similarly, distributors are required to actively verify documentation, under penalty of joint liability in the event of violations.

Transparency and diligence in reporting, maintaining certificates, and managing environmental information are therefore not only an ethical obligation, but also an essential legal compliance requirement to reduce the risk of litigation, seizures, or compensation claims, both administrative and civil.

Penalties for irregularities: concrete risks

Failure to comply with the requirements for biodegradable and compostable packaging can have significant economic and reputational consequences. From a sanctions perspective, the Environmental Code and the Consumer Code provide for a variety of repressive measures, ranging from administrative fines—including significant ones, up to €25,000 or more—to the recall and seizure of non-compliant products, and even an order by the Italian Competition Authority (AGCM) to correct misleading commercial information.

The risk of engaging in unfair greenwashing practices is particularly acute, given the growing sensitivity of the market and institutions to sustainability issues. Regulatory authorities' actions are often accompanied by civil proceedings or lawsuits filed by competitors and consumer associations, which can result in claims for damages and reputational damage that are difficult to quantify.

Updates and future prospects

The biodegradable and compostable packaging sector is currently undergoing rapid regulatory evolution, driven both by the growing attention of the European Union and pressure from national stakeholders. The approval process for the new EU Packaging Regulation (PPWR) suggests further tightening of the conditions for use, certification, and labeling of these materials, with even more stringent requirements in terms of transparency and verifiability.

It is likely that, in the coming years, we will witness a strengthening of controls and an increasingly marked alignment with international standards (such as ISO 17088), favouring the creation of a common market where green marketing practices will necessarily have to be based on objective data, verified tests and traceable certifications along the entire supply chain.

Practical advice for businesses

Given this complex landscape, companies operating in the sustainable packaging sector must implement a compliance strategy that takes into account both technical and legal aspects. Requesting and maintaining up-to-date EN 13432 certification from accredited bodies is the first, essential step to market access and protect against the risk of sanctions.

Added to this is the need to accurately apply the environmental labels required by law, avoiding any claims not supported by documentary evidence and maintaining precise traceability of the materials used.

Equally important is the ongoing training of staff, especially in the marketing and sales departments, to ensure all communications comply with legal requirements. Finally, continuous updating on regulatory developments—both Italian and European—is a strategic resource for anticipating changes and consolidating our position in the sustainability market.

Conclusion

The adoption of biodegradable and compostable packaging is not only an ethical choice or a business opportunity, but also requires compliance with a complex and constantly evolving regulatory framework. Certification, transparency, and legal compliance are the tools companies can use to navigate the ecological transition credibly and confidently, avoiding sanctions and safeguarding their reputation. In this scenario, in-depth knowledge of obligations and the ability to stay up-to-date remain the keys to a sustainable and competitive future.

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