Activities of Martin HLAVÁČEK related to 2023/0085(COD)
Shadow opinions (1)
OPINION 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 (31)
Amendment 68 #
Proposal for a directive
Article 1 – paragraph 2 – point k
Article 1 – paragraph 2 – point k
(k) Directive 94/62/EC of the European Parliament and of the Council105 ; __________________ 105 Directive 94/62/ECRegulation [EU]…/… of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10)., amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC;
Amendment 73 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Large cross border businesses Traders falling within the scope of the proposal for a Council Directive on Business in Europe: Framework for Income Taxation (BEFIT)1 placing products of the same category on the market in more than one EU Member States or in both EU and non-EU countries and use environmental claim for any of those products shall comply with the same requirements in all markets.
Amendment 75 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in an environmental label or in a form of their digital alternatives;
Amendment 84 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article2a Rules on the use of carbon farming units Carbon farming sequestration units and carbon farming emission reduction units certified under Regulation (EU) .../2023 [of the European Parliament and of the Council on establishing a Union certification framework for carbon removals] may be used for making claims and claims based on offsets under this Directive, without prejudice to the provisions set out in Annex I to the Directive 2005/29/EC as amended by Directive (EU) .../... of the European Parliament and of the Council [Empowering Consumers for the Green Transition] and provisions to be set out in the Regulation (EU) .../2023 [of the European Parliament and of the Council on establishing a Union certification framework for carbon removals].
Amendment 85 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims. This assessment shall be strictly relevant to the substantiation of the respective claim and shall include:
Amendment 88 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) rely on widely recognised peer- reviewed scientific evidence, use accurate information and take into account relevant international standards;
Amendment 92 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) demonstrate that environmental impacts, environmental aspects or environmental performance that are subject to the claim are significant from a life- cycle perspective as defined in ISO 14040:2006;
Amendment 96 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) demonstrate that the claim is not equivalent to requirements imposed by law on products within the product group, or traders within the sector, provided that they go further than basic standards applied to imported products or common practices related to those products. When it comes to agriculture related claims, they should demonstrate that they go beyond standards for good agricultural and environmental condition of land (GAECs) and Statutory management requirement (SMR) as defined in Regulation (EU) 2115/2021, applicable at the level of operator. Agricultural practices committed under schemes for the climate, the environment and animal welfare (‘eco-schemes’) under the conditions set out in Regulation (EU) 2115/2021 represent eligible and verifiable claims as set out in this Regulation;
Amendment 106 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) include relevant secondary information for environmental impacts, environmental aspects, or environmental performance which is representative of the specific value chain of the product or the trader on which a claim is made, in cases where no primary information is available. For product categories and sectors which have developed a PEFCR and/or OEFSR, these may be used when assessing the life cycle;
Amendment 107 #
Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
Article 3 – paragraph 1 – point j a (new)
(ja) ensure that the evidence is independently audited and verified and the audit report is made available;
Amendment 108 #
Proposal for a directive
Article 3 – paragraph 1 – point j b (new)
Article 3 – paragraph 1 – point j b (new)
(jb) include information on which methodology the trader used to calculate the claim;
Amendment 109 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where it is demonstrated that significant environmental impacts that are not subject to the claim exist but there is no widely recognised scientific evidence to perform the assessment referred to in point (c) of paragraph 1, the trader making the claim on another aspect shall take account of available information and, if necessary, update the assessment in accordance with paragraph 1 once widely recognised scientific evidence is available. To support traders in making the assessment referred to in point (c), the European Commission shall, within 12 months from the entry into force of the Directive, publish and regularly update the list of methodologies which are compliant with Article 3. This shall include also methodologies verified in line with Article 10, paragraph 2, point b.
Amendment 114 #
Proposal for a directive
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
5. When specifying further the requirements for substantiation of explicit environmental claims in accordance with previous paragraph, the Commission shall take into account scientific or other available technical information, including relevant international standards, EU standards included in EU regulations that are higher than international standards, and where relevant consider the following:
Amendment 128 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a trader is required to communicate an explicit environmental claim in accordance with the requirements set out in this Article. Member States shall ensure that the disclosure of the required data and information does not interfere with a company’s intellectual property or reveal confidential or sensitive business information.
Amendment 130 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Explicit environmental claim made by traders about a single product does not apply to any other product, business-to- consumer commercial practice and communication, or practices and communication of a trader overall and vice versa, without substantiating each of those individual claims at product or trader level independently.
Amendment 134 #
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:
Amendment 135 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point c
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) the underlying studies or calculations used to assess, measure and monitor the environmental impacts, environmental aspects or environmental performance covered by the claim, without omitting the results of such studies or calculations and, explanations of their scope, assumptions and limitations, unless the information is a trade secret in line with Article 2 paragraph 1 of Directive (EU) 2016/943112 ; __________________ 112 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 141 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Only environmental labels awarded under environmental labelling schemes established under Union law may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or trader. This paragraph shall apply to all environmental labels presenting a rating or score of a product or trader, including those run by economic and non-economic operators.
Amendment 149 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive. Furthermore, national schemes may be established provided they conform with the standards set under this Directive.
Amendment 152 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 3 a (new)
Article 8 – paragraph 5 – subparagraph 3 a (new)
–
Private environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive. Carbon certification schemes established under Regulation (EU) .../2023 [of the European Parliament and of the Council on establishing a Union certification framework for carbon removals] may also be approved as environmental labelling schemes, provided that they comply with the requirements set under this Directive.
Amendment 154 #
Proposal for a directive
Article 8 – paragraph 8 – subparagraph 1 – introductory part
Article 8 – paragraph 8 – subparagraph 1 – introductory part
In order to ensure a uniform application across the Union, the Commission shall adopt within 12 months after the adoption of this Directive implementing acts to:
Amendment 161 #
Proposal for a directive
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Upon the request of the operator of the environmental labelling scheme, the verifier shall assess the compliance of the scheme with Articles 7 and 8, within 60 days upon reception of all relevant documents defined in implementing acts referred to in paragraph 10. Once verified, traders can display the label issued by the scheme without additional verifications steps.
Amendment 163 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
9. TWithin 12 months after the publication of this Directive the Commission shall adopt implementing acts to set out details regarding the form of the certificate of conformity referred to in paragraph 5 and the technical means for issuing such certificate of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19.
Amendment 164 #
Proposal for a directive
Article 10 – paragraph 9 a (new)
Article 10 – paragraph 9 a (new)
9a. Within 12 months after the official publication of this Directive, the Commission shall adopt delegated acts to set out details regarding the documents to be provided for the verification of substantiation methods.
Amendment 165 #
Proposal for a directive
Article 10 – paragraph 9 b (new)
Article 10 – paragraph 9 b (new)
9b. To support traders in carrying out the verification and certification procedure referred to in paragraphs 1 and 2, the Commission shall publish within 24 months from the entry into force of the Directive and keep up-to-date a list of the accredited verifiers.
Amendment 167 #
Proposal for a directive
Article 11 – paragraph 3 – point e
Article 11 – paragraph 3 – point e
(e) the verifier shall have a sufficient number of suitably qualified and experienced personnel responsible for carrying out the verification tasks; including experience in life-cycle assessments and sufficient knowledge of the traders’ respective activities;
Amendment 176 #
Proposal for a directive
Article 14 – paragraph 2 – introductory part
Article 14 – paragraph 2 – introductory part
2. The powers conferred on competent authorities under paragraph 1 shall include at least the following:
Amendment 179 #
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 182 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. For the purposes of the first subparagraph, non-governmental entities or organisations promoting human health, environmental or consumer protection and meeting any requirements under national law shall be deemed to have sufficient interest.
Amendment 191 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point c a (new)
Article 17 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) fines for natural or legal person who falsely claims that environmental claims made by a trader that comply with this Directive can be deemed as ‘greenwashing’
Amendment 199 #
Proposal for a directive
Article 21 – paragraph 3 – point c a (new)
Article 21 – paragraph 3 – point c a (new)
(ca) As part of the evaluation and review referred to in paragraph 1 of this Article, and to ensure a level playing field among traders, the European Commission shall undertake an impact assessment of the measures established for micro, small and medium sized enterprises in Articles 4, 5, 10 and 12, and consider their review after the Directive is implemented.