Italian regulations banning the marketing of single-use bags made of non-biodegradable and non-compostable materials, but complying with the 1994 Packaging Directive, are contrary to EU law. This was ruled by the Court of Justice of the EU, which defends the validity of European regulations. Even if there are materials that are otherwise recyclable but meet other criteria in the current regulations, national law cannot override EU law. However, a derogation may be granted to the Member State "provided that it is based on new scientific evidence relating to the protection of the environment which has come to light since the adoption of an EU standard, and provided that the State notifies the Commission of the measures envisaged and the reasons for their adoption”.
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