Response of VBT and Fresh Trade Belgium to TRIS notification nr.2023/0442/BE on ‘draft Decree of the Flemish Government amending the Decree of the Flemish Government laying down general and sectoral provisions on environmental hygiene, the VLAREBO Decree, VLAREL and the VLAREMA Decree’.
Within the Belgian fruit and vegetables sector VBT represents the producers’ cooperatives and Fresh Trade Belgium the wholesalers, importers and exporters of fruit and vegetables.
VBT and Fresh Trade Belgium react on following article in the draft Decree:
- Art.67 (pag.43): art.5.3.14.1. ‘it’s prohibited to apply stickers directly to fruit and vegetables unless the stickers are industrially compostable or home compostable’
In the message accompanying the TRIS notification it says that the new draft aims to adapt the existing ban on fruit stickers to bring it into line with technical possibilities.
VBT and Fresh Trade Belgium support the intention of the legislation to make packaging – including fruitstickers – more sustainable by switching to industrial or home compostable versions. In 2021 both associations signed a protocol with the responsible environmental service to raise awareness among operators to abandon conventional plastic stickers and switch to alternatives such as eliminating stickers where possible or, if stickers remain necessary, choosing for sustainable solutions, f.i. compostable stickers. The efforts in the framework of this protocol are ongoing.
As the fruit and vegetable sector is European wide and even internationally organized, both associations insist since the first legislative proposal on a harmonized European approach. Divergent legislation within the European Union hugely impacts the functioning of the internal market and seriously disturbs the trade with third countries that produce for the EU market and not for a single region. Therefore, VBT and Fresh Trade Belgium very much welcome the Commission initiative on PPWR of which the drafts are now being finalized. As we understand the final text would be voted in spring 2024.
As finally the European Regulation takes precedence over regional legislation both associations strongly oppose to the idea that operators active on the Flemish market should adapt now in a very short delay to Vlarema 9 (the legislation enters into force upon publication, timing end 2023/ beginning 2024) while at this stage the European draft isn’t finalized yet and the result could still differ from the Flemish legislation.
Even if the actual draft art.8 of the Regulation on industrial compostable fruitstickers is maintained, operators would still face trade barriers caused by divergent timelines as the Regulation – contrary to Vlarema 9 - foresees a transition time.
Both VBT and Fresh Trad Belgium believe that art.6 (3) of Directive 2015/1535 is applicable, therefore they ask that the Flemish adoption of a technical rule that covers a similar requirement as the PPWR should be postponed or withdrawn.
As a final remark the associations refer to the actual wording of the new proposal that could lead to confusion and legal uncertainty: if taken literally it’s the activity of putting stickers on the fruit that would be forbidden, meaning that fruit which is stickered outside Flanders could still be accepted.
VBT and Fresh Trade Belgium emphasize the need for harmonized European rules and timelines as basic conditions for sustainable trade. A complete alignment of the Flemish legislation with the European Regulation is a necessity and should be feasible as the European draft regulation is entering its finally phase.
VBT represents the producers’cooperatives of fruits and vegetables in Belgium - www.vbt.eu
Contact person: Luc Vanoirbeek – secretary general
Fresh Trade Belgium represents the traders of fruits and vegetables in Belgium -www.freshtradebelgium.be
Contact person: Veerle Van der Sypt – secretary general
