29 Amendments of Andreas GLÜCK related to 2023/0085(COD)
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 384 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The requirements set out in paragraphs 1 and 2 shall not apply to traders that are microenterprises or SMEs within the meaning of Commission Recommendation 2003/361/EC110 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 110 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
Amendment 433 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The requirements laid down in this Article shall not apply to traders that are microenterprises or SMEs within the meaning of Commission Recommendation 2003/361/EC111 unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10. _________________ 111 Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium- sized enterprises (OJ L 124, 20.5.2003, p. 36).
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 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 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 576 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
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 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 623 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are microenterprises or SMEs within the meaning of Commission Recommendation 2003/361/EC only if they so request.
Amendment 637 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The verification shall be undertaken by a verifier fulfilling the requirements set out in Article 11, in accordance with the procedures referred to in paragraphs 1 and 2, before the environmental claim is made public or the environmental label is displayed by a trader2.
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 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 775 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
For the purposes of point (a), Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 42 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.
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 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].