BETA

Activities of Annalisa TARDINO related to 2023/0085(COD)

Shadow 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)
2024/02/23
Committee: ENVIIMCO
Dossiers: 2023/0085(COD)
Documents: PDF(463 KB) DOC(207 KB)
Authors: [{'name': 'Andrus ANSIP', 'mepid': 124696}, {'name': 'Cyrus ENGERER', 'mepid': 209091}]

Amendments (27)

Amendment 67 #
Proposal for a directive
Recital 9 a (new)
(9 a) Within the same context, the healthcare sector should be recognized as a relevant player in reducing the environmental pollution. It would therefore be essential for companies and healthcare professionals and beneficial for patients to establish a proper regulatory framework for using claims relating to biodegradability, sustainability, circularity and origin of the product’s components, both for medicinal products (according to Directive 2001/83) and medical devices (according to Regulations 2017/745).
2023/11/14
Committee: ENVIIMCO
Amendment 173 #
Proposal for a directive
Recital 64
(64) When setting penalties and measures for infringements, the Member States should foresee that, based on the gravity of the infringement, the level of fines should effectively deprive the non- compliant trader from the economic benefit derived from using the misleading or unsubstantiated explicit environmental claim or non-compliant environmental labelling scheme, including in cases of repeated infringements. The measures for infringements foreseen by the Member States should therefore also include confiscation of the relevant product from the trader or revenues gained from the transactions affected by this infringement or a temporary exclusions or prohibitions from placing products or making available services on the Union market. The gravity of the infringement should be the leading criterion for the measures taken by the enforcement authorities. The maximum amount of fines should be dissuasive and set at least at the level of 4% of the trader’s total annual turnover in the Member State or Member States concerned in case of widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement measures in accordance with Regulation (EU) 2017/239488 . _________________ 88 Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (OJ L 345, 27.12.2017, p. 1).
2023/11/14
Committee: ENVIIMCO
Amendment 177 #
(67) Where based on the results of the monitoring and evaluation of this Directive the Commission finds it appropriate to propose a review of this Directive, the feasibility and appropriateness of further provisions on mandating the use of common method for substantiation of explicit environmental claims, the extension of prohibition of environmental claims for products containing hazardous substances except where their use is considered essential for the societysafe and improves the sustainability of the product, or further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or environmental impacts should also be considered.
2023/11/14
Committee: ENVIIMCO
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1
1. This Directive applies to explicit environmental claims made by traders about products or traders in business-to- consumer commercial practices. It does not apply to environmental claims made in business-to-business commercial practices.
2023/11/14
Committee: ENVIIMCO
Amendment 208 #
Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
(o a) Regulations (EU) 2021/2115, 2021/2116, 2021/2117 of the European Parliament and of the Council, and legislative acts based on these Regulations;
2023/11/14
Committee: ENVIIMCO
Amendment 216 #
Proposal for a directive
Article 1 – paragraph 2 – point o b (new)
(o b) Regulation (EU) 2012/1151 of the European Parliament and of the Council;
2023/11/14
Committee: ENVIIMCO
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 2 – point o c (new)
(o c) Directive (EU) 2018/2001 of the European parliament and on the Council on the promotion of the use of energy from renewable sources;
2023/11/14
Committee: ENVIIMCO
Amendment 538 #
Proposal for a directive
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 for consultation to a heterogeneous group of stakeholders, that apply or are impacted by them or to their representatives, that has reviewed them and ensured their relevance from a societal perspective;
2023/11/14
Committee: ENVIIMCO
Amendment 619 #
Proposal for a directive
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request. In order to avoid unproportionate costs and burdens for microenterprises and SMEs, Member States shall put in place an alternative ad-hoc verification scheme.
2023/11/14
Committee: ENVIIMCO
Amendment 664 #
Proposal for a directive
Article 10 – paragraph 9 a (new)
9 a. Member States may set up procedures to prioritise the verification of existing environmental claims made before the entry into force of this Directive and may introduce a transitional period during which existing environmental claims, submitted for verification, can still be used.
2023/11/14
Committee: ENVIIMCO
Amendment 729 #
Proposal for a directive
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 and require that trader to take all appropriate corrective action within 360 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.
2023/11/14
Committee: ENVIIMCO
Amendment 746 #
Proposal for a directive
Article 17 – paragraph 2
2. When determining the type and level of penalties to be imposed in case of infringements, the competent authorities of the Member States shall give due regard to the following: (a) the nature, gravity, extent and duration of the infringement; (b) the intentional or negligent character of the infringement and any action taken by the trader to mitigate or remedy the damage suffered by consumers, where applicable; (c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible; (d) the economic benefits derived from the infringement by those responsible; (e) any previous infringements by the natural or legal person held responsible; (f) any other aggravating or mitigating factor applicable to the circumstances of the case; (g) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394, where applicable.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 748 #
Proposal for a directive
Article 17 – paragraph 2 – point a
(a) the nature, gravity, extent and duration of the infringement;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 749 #
Proposal for a directive
Article 17 – paragraph 2 – point b
(b) the intentional or negligent character of the infringement and any action taken by the trader to mitigate or remedy the damage suffered by consumers, where applicable;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 751 #
Proposal for a directive
Article 17 – paragraph 2 – point c
(c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 752 #
Proposal for a directive
Article 17 – paragraph 2 – point d
(d) the economic benefits derived from the infringement by those responsible;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 754 #
Proposal for a directive
Article 17 – paragraph 2 – point e
(e) any previous infringements by the natural or legal person held responsible;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 756 #
Proposal for a directive
Article 17 – paragraph 2 – point f
(f) any other aggravating or mitigating factor applicable to the circumstances of the case;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 757 #
Proposal for a directive
Article 17 – paragraph 2 – point g
(g) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394, where applicable.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 765 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1
Member States shall provide that penalties and measures for infringements of this Directive shall include: (a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements; (b) confiscation of revenues gained by the trader from a transaction with the relevant products concerned; (c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 766 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point a
(a) fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements;deleted
2023/11/14
Committee: ENVIIMCO
Amendment 768 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point b
(b) confiscation of revenues gained by the trader from a transaction with the relevant products concerndeleted;
2023/11/14
Committee: ENVIIMCO
Amendment 770 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 – point c
(c) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 771 #
Proposal for a directive
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 4 % of the trader’s annual turnover in the Member State or Member States concerned. _________________ 115 OJ L 345, 27.12.2017, p. 1.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 786 #
Proposal for a directive
Article 20 – paragraph 3
3. Member States shall provide the information referred to in paragraph 1 to the Commission on an biannual basis.
2023/11/14
Committee: ENVIIMCO
Amendment 795 #
Proposal for a directive
Article 21 – paragraph 3 – point b
(b) facilitating transition towards toxic free environment by considering introducing, on the basis of an impact assessment, 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 Commisssafe and improves the sustainability of the product, in compliance with the relevant Union and national legislations;
2023/11/14
Committee: ENVIIMCO
Amendment 816 #
Proposal for a directive
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].
2023/11/14
Committee: ENVIIMCO