Activities of Andrus ANSIP related to 2023/0085(COD)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on substantiation and communication of explicit environmental claims (Green Claims Directive)
Amendments (34)
Amendment 79 #
Proposal for a directive
Recital 16
Recital 16
(16) The assessment made to substantiate explicit environmental claims needs to consider the life-cycle of the product or of the overall activities of the trader and should not omit any relevant environmental aspects or environmental impacts. The benefits claimed should not result in an unjustified transfer of negative impacts to other stages of the life cycle of a product or trader, or to the creation or increase of other negative environmental impacts and should be done in an EU harmonized and standardized way in order to minimize the risk of greenwashing, and to create predictability and a cost-efficient structure for the companies producing the products and traders.
Amendment 126 #
Proposal for a directive
Recital 32
Recital 32
(32) The Commission Recommendation (EU) 2021/2279 contains guidance on how to measure the life cycle environmental performance of specific products or organisations and how to develop Product Environmental Footprint Category Rules (PEFCRs) and Organisation Environmental Footprint Sectorial Rules (OEFSRs) that allow comparison of products to a benchmark. Such category rules for specific products or traders can be used to support the substantiation of claims in line with the requirements of this Directive. Therefore, the Commission should be empowered to adopt delegated acts to establish product group or sector specific rules where this may have added value. However, in case the Product Environmental Footprint method does not yet cover an impact category, which is relevant for a product group, the adoption of PEFCR may take place only once these new relevant environmental impact categories have been added. For example, as regards marine fisheries, the PEFCR should for example reflect the fisheries- specific environmental impact categories, in particular the sustainability of the targeted stock. Concerning space, the PEFCR should reflect defence and space- specific environmental impact categories, including the orbital space use. As regards food and agricultural products, biodiversity and nature protection, as well as farming practices, including positive externalities of extensive farming and animal welfare, should, for example, also be integrated before the adoption of PEFCR could be considered. As regards textiles, the PEFCR should for example reflect the microplastics release, before the adoption of PEFCR could be considered. To further develop the current PEF methodology and address its limitations, the Commission shall regularly update the methodology in order to reflect scientific progress.
Amendment 196 #
Proposal for a directive
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. This Directive does not apply to environmental labelling schemes or to explicit environmental claims or to sustainability reporting regulated by or substantiated by rules established in:
Amendment 210 #
Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
Article 1 – paragraph 2 – point o a (new)
(o a) Directive (EU) 2022/2464 of the European Parliament and of the Council (CSDR);
Amendment 261 #
Proposal for a directive
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
(15 a) ‘widely recognized scientific evidence’ means evidence based on an international or national standard or on a scientifically valid reasoning which has either been subject to peer review and publication or has received widespread acceptance within a relevant scientific community with proven expertise on the topic;
Amendment 286 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) rely on widely recognised scientific evidence, use accurate information and take into account relevant international standards such as the Environmental Footprint (PEF and OEF) based on PEFCRs or OEFSRs;
Amendment 357 #
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) include primary information available for a product or to the trader for environmental impacts, environmental aspects or environmental performance, which are subject to the claim;
Amendment 471 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – introductory part
Article 5 – paragraph 6 – subparagraph 2 – introductory part
That information shall include at least the following, while protecting sensitive information and business secrets:
Amendment 523 #
2 a. The Commission shall adopt delegated acts according to Article 18 of this Directive establishing mandatory life- cycle based carbon footprint labelling scheme for product categories covered by PEFCRs. Along with the development of the PEF method and additional impact categories being introduced, the number of available PEFCRs will increase and complementary delegated acts should follow. This label shall be clearly visible for all consumers.
Amendment 540 #
Proposal for a directive
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted, where relevant and necessary, for consultation to a heterogeneous group of stakeholders that has reviewed them and ensured their relevance from a societal perspective;
Amendment 552 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 556 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 564 #
Proposal for a directive
Article 8 – paragraph 5
Article 8 – paragraph 5
Amendment 565 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Amendment 578 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 3
Article 8 – paragraph 5 – subparagraph 3
Amendment 583 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
In order to receive the approvals referred to in paragraphs 4 and 5, the operators of new environmental labelling schemes shall provide supporting documents setting out the following:
Amendment 584 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point c
Article 8 – paragraph 6 – subparagraph 1 – point c
(c) the evidence the scheme will provide added value as set out in in paragraph 4 for environmental labelling schemes established by public authorities in third countries, or in paragraph 5 for environmental labelling schemes established by private operators;
Amendment 594 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
7. The Commission shall publish and keep-up-to date a list of officially recognised environmental labels thatenvironmental labelling schemes that comply with this Directive and are allowed to be used on the Union market after [OP: Please insert the date = the date of transposition of this Directive] pursuant to paragraphs 3, 4 and 5.
Amendment 602 #
Proposal for a directive
Article 8 – paragraph 8 – subparagraph 1 – point a
Article 8 – paragraph 8 – subparagraph 1 – point a
(a) provide detailed requirements for approval of environmental labelling schemes pursuant to the criteria referred to in paragraphs 4 and 5;
Amendment 606 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affect the accuracy of a claim, and no later than 5 years from the date when the information referred to in Article 5(6) is provided. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with. The trader shall not be obliged to review the substantiation nor reapply for certification in case of minor changes to the text of the claim without major impact on the nature of the claim.
Amendment 642 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. For the purposes of the verification the verifier shall take into account the nature and content of the explicit environmental claim or the environmental label. In case of environmental claims and environmental labels based on product specific and sectoral category rules developed pursuant to Article 3(4)(c) and 5(8), where such rules already foresee third-party verification, simplified requirements to obtain the certificate of conformity shall be set out in those delegated acts.
Amendment 653 #
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The certificate of conformity shall be recognised by the competent authorities responsible for the application and enforcement of this Directive. Member States shall notify the list of certificates of conformity via the Internal Market Information System established by Regulation (EU) No 1024/2012. Once a certificate of conformity is delivered and notified, the labelling scheme or the environmental claim can be used within the Union.
Amendment 691 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. Member States shall ensure that measures adopted in accordance with this Directive are without prejudice to the protection of business information (trade secrets) foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
Amendment 725 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance prior to publishing the report mentioned in Article 15(1) and require that trader to take all appropriate corrective action within 30 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
Amendment 762 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 767 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point b
Article 17 – paragraph 3 – subparagraph 1 – point b
Amendment 769 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point c
Article 17 – paragraph 3 – subparagraph 1 – point c
Amendment 787 #
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
Amendment 788 #
Proposal for a directive
Article 21 – paragraph 2 – point c
Article 21 – paragraph 2 – point c
Amendment 791 #
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
Amendment 794 #
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing a prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the society in line with the criteria to be developed by the Commissionclassified as hazardous due to their germ cell mutagenic, carcinogenic, toxic to reproduction, endocrine disruption for human health or the environment, persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), or very persistent, very mobile (vPvM) properties;
Amendment 803 #
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. As part of the evaluation referred to in paragraph 1, and in order to ensure a level playing field, the Commission shall carry out an impact assessment on the measures established for micro and small enterprises in Articles 4, 5, 10 and 12, and consider their review after this Directive is implemented.
Amendment 804 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [OP please insert the date = 1830 months after the date of entry into force of this Directive] the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission.
Amendment 817 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].