Activities of Kim VAN SPARRENTAK 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)
Amendments (103)
Amendment 59 #
Proposal for a directive
Recital 5
Recital 5
(5) Detailed Union rules on substantiation of explicit environmental claims, applicable to companies operating on the Union market in business to consumer communication, will contribute to the green transition towards a circular, climate-neutral and clean economy in the Union, that respects the planetary boundaries, by enabling consumers to take informed purchasing decisions, and will help create a level-playing field for market operators making such claims while promoting sustainable consumption.
Amendment 62 #
Proposal for a directive
Recital 8
Recital 8
(8) The specific needs of individual economic sectors should be recognised and this Directive should therefore apply to voluntary explicit environmental claims and environmental labelling schemes that are not regulated by any other Union act as regards their substantiation or communication, or verification. This Directive should therefore not apply to explicit environmental claims for which the Union legislation lays down specific and at least as strict rules, including on methodological frameworks, assessment or accounting rules related to measuring and calculating environmental impacts, environmental aspects or environmental performance of products or traders, or providing mandatory and non- mandatory information to consumers on the environmental performance of products and traders or sustainability information involving messages or representations that may be either mandatory or voluntary pursuant to the Union rules. Where Union legislation does not provide an equivalent level of protection with respect to the substantiation, communication, and verification of explicit environmental claims, this Directive should apply.
Amendment 69 #
Proposal for a directive
Recital 13
Recital 13
Amendment 75 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure that consumers are provided with reliable, comparable and verifiable information which enables them to make more environmentally sustainable decisions and to reduce the risk of ‘greenwashing, it is necessary to establish requirements for substantiation of explicit environmental claims. Such substantiation should take into account robust and independent internationally recognised scientific approaches to identifying and measuring environmental impacts, environmental aspects and environmental performance of products or traders, and it should result in reliable, transparent, comparable and verifiable information to the consumer.
Amendment 81 #
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 consider multiple environmental impacts 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.
Amendment 82 #
Proposal for a directive
Recital 17
Recital 17
(17) The assessment substantiating the explicit environmental claim should make it possible to identifymonstrate the environmental impacts and environmental aspects for the product or trader that jointly contribute significantly to the overall environmental performance of the product or trader (‘relevant environmental impacts’ and ‘relevant environmental aspects’). Indications for the relevance of the environmental impacts and environmental aspects can stem from assessments taking into account the life-cycle, including from the studies based on Environmental Footprint (EF) methods, provided that these are complete on the impacts relevant to the product category and do not omit any important environmental impacts. For example, in the Commission Recommendation on the use of Environmental Footprint methods79 the most relevant impact categories identified should together contribute to at least 80% of the single overall score. These indications for the relevance of the environmental impacts or environmental aspects can also result from the criteria set in various ecolabels type I, as for instance the EU Ecolabel, or in Union criteria for green public procurement, from requirements set by the Taxonomy Regulation80 , from product specific rules adopted under the Regulation …./…. of the European Parliament and of the Council establishing a framework for setting ecodesign requirements for sustainable products81 or from other relevant Union rules. _________________ 79 Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations, OJ L 471, 30.12.2021, p. 1. 80 Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13). 81 […]
Amendment 84 #
Proposal for a directive
Recital 18
Recital 18
(18) In line with Directive 2005/29/EC as amended by the proposal for a Directive on empowering consumers for the green transition, the trader should not present requirements imposed by law on products within a given product category as a distinctive feature of the trader’s offer or advertise benefits for consumers that are considered as common practice in the relevant market. The information used to substantiate explicit environmental claims should therefore make it possible to identify the product’s or trader’s environmental performance in comparison to the common practice for products in the respective product group, such as food, or in the respective sector. This is necessary to underpin the assessment whether the explicit environmental claims can be made with regard to a given product or trader in line with the function of an environmental claim, which is to demonstrate that a product or trader has a positive impact or no impact on the environment, or that a product or a trader is less damaging to the environment than other products or traders. The common practice could be equivalent to the minimum legal requirements that are applicable to the specific environmental aspect or environmental performance, for example as regards product composition, mandatory recycled content or end-of-life treatment. However, in case majority of products within the product group or majority of traders within the sector perform better than those legal requirements, the minimum legal requirements should not be considered as common practice.
Amendment 89 #
Proposal for a directive
Recital 19
Recital 19
(19) It would be misleading to consumers if an explicit environmental claim pointed to the benefits in terms of environmental impacts or environmental aspects while omitting that the achievement of those benefits leads to negative trade-offs on other environmental impacts or environmental aspects. To this end the information used to substantiate explicit environmental claims should ensure that the interlinkages between the relevant environmental impacts and between environmental aspects and environmental impacts can be identified along with potential trade-offs. The assessment used to substantiate explicit environmental claims should identify ifmonstrate that improvements on environmental impacts or environmental aspects do not lead to the kind of trade-offs that significantly worsen the performance as regards other environmental impacts or environmental aspects, for example if savings in water consumption lead to a notable increase in greenhouse gas emissions, or in the same environmental impact in another life-cycle stage of the product, for example CO2 savings in the stage of manufacturing leading to a notable increase of CO2 emissions in the use phase. For example, a claim on positive impacts from efficient use of resources in intensive agricultural practices may mislead consumers due to trade-offs linked to impacts on biodiversity, ecosystems or animal welfare. An environmental claim on textiles containing plastic polymer from recycled PET bottles may also mislead consumers as to the environmental benefit of that aspect if the use of this recycled polymer competes with the closed-loop recycling system for food contact materials which is considered more beneficial from the perspective of circularity.
Amendment 93 #
Proposal for a directive
Recital 20
Recital 20
(20) In order for the environmental claim to be considered robust, it should reflect as accurately as possible the environmental performance of the specific product or trader. The information used to substantiate explicit environmental claims therefore needs to include primary, company-specific data for relevant aspects contributing significantly to the environmental performance of the product or trader referred to in the claim. It is necessary to strike the right balance between ensuring relevant and robust information for substantiating environmental claims and the efforts needed to gather primary information. The requirement to use primary information should be considered in the light of the influence the trader making the claim has over the respective process and of the availability of primary information. If the process is not run by the trader making the claim and primary information is not available, accurate secondary information should be able to be used even for processes that contribute significantly to the environmental performance of the product or traderbe complemented, where necessary, by additional accurate secondary information. This is especially relevant to not disadvantage SMEs and to keep the efforts needed to acquire primary data at a proportionate level. Moreover, the relevant environmental aspects are different for each type of environmental claim. For instance, for claims on recycled or bio- based content, the composition of the product should be covered by primary data. For claims on being environmentally less polluting in a certain life cycle stage, information on emissions and environmental impacts related to that life cycle stage should include primary data as well. Both primary data and secondary data, i.e. average data, should show a high level of quality and accuracy.
Amendment 97 #
Proposal for a directive
Recital 21
Recital 21
(21) Climate-related claims have been shown to be particularly prone to being unclear and ambiguous and to mislead consumers, amounting to greenwashing and making them believe that the product or an activity has a reduced or no impact in terms of carbon footprint while this is not the case. This relates notably to environmental claims that products or entities are “climate neutral”, “carbon neutral”, “100% CO2 compensated”, or will be “net-zero” by a given year, or similar. Such statements are often, which try to apply global carbon neutrality at a company or product level, are scientifically invalid when they are based on “offsetting” of greenhouse gas emissions through “carbon credits” generated outside the company’s value chain, for example from forestry or renewable energy projects. The methodologies underpinning offsets vary widely and are not always transparent, accurate, or consistent. This leads to significant risks of overestimations and double counting of avoided or reduced emissions, due to a lack of additionality, permanence, ambitious and dynamic crediting baselines that depart from business as usual, and accurate accounting. These factors result in offset credits of low environmental integrity and credibility that mislead consumers when they are relied upon in explicit environmental claims. Offsetting can deter consumers from more sustainable products and traders, and can also deter traders from emissions reductions in their own operations and value chains. In order to adequately contribute to global climate change mitigation targets, traders should prioritiseimplement effective reductions of emissions across their own operations and value chains instead of relying on offsetsting. Any resulting residual emissions will vary by sector-specific pathway in line with the global climate targets and will have to be addressed through removals enhancemenhigh- durability carbon removals projects. WThen offsets are used nonetheless, it is deemed appropriate to addressrefore, the substantiation of climate- related claims, including claims on future environmental performance, based on offsets in a transparent manner. Therefore, the substantiation of climate-related claims should consider any greenhouse gas emissions offsets used by the traders separately from the trader’s or the product’s greenhouse gas emiss should relate solely to the life-cycle emissions, and not rely on carbon credits or other contributions to activities outside the product or trader value chain as an ‘offset’ for, or to compensate for, any greenhouse gas emissions or other environmental impact. Substantiation should also not rely on ‘offsetting’ emissions from inside the value chain (so-called ‘insetting’). Substantiation should consider any carbon credits or other contributions used by the traders separately as additional informations. In addition, this information should also specify the share of total emissions that are addressed through offsetting, whether these offsetwhether carbon credits or other contributions relate to emission or impact reductions or removals enhancementprojects, and the methodology applied. The claimate-related claims that include the use of offses that relate to carbon credits or other contributions to climate or environmental projects have to be substantiated by methodologies that ensure the integrity and correct accounting of these offsetcontributions and thus reflect coherently and transparently the resulting impact on the climate.
Amendment 100 #
Proposal for a directive
Recital 22
Recital 22
(22) Traders are more and more interested in making environmental claims related to future environmental performance of a product or trader, including by joining initiatives that are promoting practices which could be conducive to a reduced environmental impact or to more circularity. These claims should be substantiated in line with the rules applicable to all explicitIn order to facilitate consumers’ choices of more sustainable products and to incentivise efforts of traders to lower their environmental impacts, when the claim communicated relates to future environmental performance, it should as a priority be based on improvements, for example deep internal decarbonisation, inside a trader’s own operations and value chains rather than relying on the offsetting of greenhouse gas emissions or other environmental impacts. It is also required to indicate a baseline year for targets and allow for appropriate monitoring through concrete, realistic, implementable and public milestones so that consumers, stakeholders, and the trader itself, can monitor whether they are on track and what are the challenges. It is also essential that the trader considers collateral effects when evaluating how to reach a target, so that there is no unjustified transfer of environmental claimimpacts.
Amendment 102 #
Proposal for a directive
Recital 23
Recital 23
(23) The information used to substantiate explicit environmental claims should be science based, and any lack of consideration of certain environmental impacts or environmental aspects should be carefully considered. The methodology needs to be accessible to any third party in order to ensure transparency and integrity of assessments.
Amendment 105 #
Proposal for a directive
Recital 26
Recital 26
(26) Furthermore, there is not yet a reliable methodology for the assessment of life-cycle environmental impacts related to the release of microplastics. However, in case such release contributes to significant environmental impacts that are not subject to a claim, the trader making the claim on another aspect should not be allowed to ignore it, but should tmake into account available information and update the assessment once widely recognised scientific evidencthe claim only once widely recognised scientific evidence that meet the requirements of this Directive becomes available.
Amendment 107 #
Proposal for a directive
Recital 26 a (new)
Recital 26 a (new)
(26 a) Widely recognised scientific evidence indicates that the assessment of a claim should be based on methodologies, approaches or studies that have been developed in line with best practices in terms of transparency and independently peer reviewed by the scientific community, published in scientific journals.
Amendment 111 #
Proposal for a directive
Recital 30
Recital 30
Amendment 120 #
(31) In order to meet both the needs of traders regarding dynamic marketing strategies and the needs of consumers regarding more detailed, and more accurate, environmental information, the Commission mayshould adopt delegated acts to supplement the provisions on substantiation of explicit environmental claims by further specifying the criteria for such substantiation with regard to certain claims (e.g. climate-related claims, including claims about offsets, “climate neutrality” or similar, recyclability and recycled content). The Commission should be empowered to further establish rules for measuring and calculating the environmental impacts, environmental aspects and environmental performance, by determining which activities, processes, materials, emissions or use of a product or trader contribute significantly or cannot contribute to the relevant environmental impacts and environmental aspects; by determining for which environmental aspects and environmental impacts primary information should be used; and by determining the criteria to assess the accuracy of primary and secondary information. While in most cases the Commission would consider the need for adopting these rules only after having the results of the monitoring of the evolution of environmental claims on the Union market, for some types of claims it may be necessary for the Commission to adopt supplementary rules before the results of this monitoring are available. For example, in case of climate-related claims it may be necessary to adopt such supplementary acts in order to operationalise the provisions on substantiation of claims based on offsets.
Amendment 130 #
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
(32 a) In order to ensure the integrity, impartiality and high quality of substantiation of environmental claims, and to ensure that the substantiation rules result in a higher understanding of environmental impacts by consumers, it is important that the requirements for substantiation are drafted with the active participation of a balanced set of stakeholders, especially including consumer organisations, environmental non-governmental organisations, operators of labelling schemes and competent bodies, in addition to the industry, including SMEs and craft industry, trade unions, traders, retailers, importers. For this purpose, the Commission should establish a consultation forum whose role will be to provide opinions on whether existing rules and methods are fit for substantiating specific environmental claims, and provide recommendations on the revision or the development of new delegated acts. The forum should also be actively involved in the drafting of such acts, including those addressing the Environmental Footprint method and related category rules.
Amendment 132 #
Proposal for a directive
Recital 34
Recital 34
(34) Where the explicit environmental claim concerns a final product and relevant environmental impacts or environmental aspects of such product occur at the use phase or at the end of life and consumers can influence such environmental impacts or environmental aspects via appropriate behaviour, such as, for example, correct waste sorting or impacts of use patterns on product’s longevity, the claim should also include information explaining to consumers how their behaviour can positively contribute to the protection of the environment.
Amendment 133 #
Proposal for a directive
Recital 35
Recital 35
Amendment 137 #
Proposal for a directive
Recital 37
Recital 37
Amendment 142 #
Proposal for a directive
Recital 41
Recital 41
(41) The environmental labels often aim at providing consumers with an aggregated scoring presenting a cumulative environmental impact of products or traders to allow for direct comparisons between products or traders. Such aggregated scoring however presents risks of misleading consumers as the aggregated indicator may dilute negative environmental impacts of certain aspects of the product with more positive environmental impacts of other aspects of the product. In addition, when developed by different operators, such labels usually differ in terms of specific methodology underlying the aggregated score such as the environmental impacts considered or the weighting attributed to these environmental impacts. This may result in the same product receiving different score or rating depending on the scheme. This concern arises in relation to schemes established in the Union and in third countries. This is contributing to the fragmentation of the internal market, risks putting smaller companies at a disadvantage, and is likely to further mislead consumers and undermine their trust in environmental labels. In order to avoid this risk and ensure better harmonisation within the single market, the explicit environmental claims, including environmental labels, based on an aggregated score representing a cumulative environmental impact of products or traders should not be deemed to be sufficiently substantiated, unless those aggregated scores stem from Union rules, includmeet minimum requirements ensuring the drelegated acts that the Commission is empowered to adopt under this Directive, resulting in Union-wide harmonised schemes for all products or per specific product group based on a single methodology to ensure coherence and comparabilityiability of the underlying environmental labelling schemes, with respect to their assessment methodologies and governance.
Amendment 146 #
Proposal for a directive
Recital 44
Recital 44
Amendment 157 #
Proposal for a directive
Recital 49
Recital 49
(49) It is essential that explicit environmental claims reflect correctly the environmental performance and environmental impacts covered by the claim, and consider the latest scientific evidence. Member States should therefore ensure that the trader making the claim reviews and updates the substantiation and communication of the claims at least every 53 years to ensure compliance with the requirements of this Directive
Amendment 160 #
Proposal for a directive
Recital 52
Recital 52
(52) In order to provide traders with legal certainty across the internal market as regards compliance of the explicit environmental claims with the requirements of this Directive, the certificate of conformity should be recognised by the competent authorities across the Union. Microenterprises should be allowed to request such certificate if they wish to certify their claims in line with the requirements of this Directive and benefit from the certificate’s recognition across the Union. The certificate of conformity should however not prejudge the assessment of the environmental claim by the public authorities or courts which enforce Directive 2005/29/EC.
Amendment 164 #
Proposal for a directive
Recital 54
Recital 54
(54) SMicro, small and medium-sized enterprises (SMEs) should be able to benefit from the opportunities provided by the market for more sustainable products but they could face proportionately higher costs and difficulties with some of the requirements on substantiation and verification of explicit environmental claims. The Member States should provide adequate information and raise awareness of the ways to comply with the requirements of this Directive, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs wishing to make explicit environmental claims on their products or as regards their activities. Member States actions should be taken in respect of applicable State aid rules. In addition, and to ensure micro, small and medium-sized enterprises do not face disproportionately higher costs and difficulties with respect to the requirements of this Directive, Member States should establish solidarity mechanisms through which large enterprises support micro, small and medium-sized enterprises financially where they wish to make explicit environmental claims with regard to their products or activities.
Amendment 171 #
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure that the objectives of this Directive are achieved and the requirements are enforced effectively, Member States should designate their own competent authorities responsible for the application and enforcement of this Directive. However, in view of the close complementarity of Articles 5 and 6 of this Directive with the provisions of Directive 2005/29/EC, Member States should also be allowed to designate for their enforcement the same competent authorities as those responsible for the enforcement of Directive 2005/29/EC. For the sake of consistency, when Member States make that choice, they should be able to rely on the means and powers of enforcement that they have established in accordance with Article 11 of Directive 2005/29/EC, in derogation from to complement the rules on enforcement laid down in this Directive. In cases where there is more than one designated competent authority in their territory and to ensure effective exercise of the duties of the competent authorities, Member State should ensure a close cooperation between all designated competent authorities.
Amendment 179 #
Proposal for a directive
Recital 68
Recital 68
(68) The use of the most harmful substances should ultimately be phased-out in the Union to avoid and prevent significant harm to human health and the environment, in particular their use in consumer products. Regulation (EC) 1272/2008 of the European Parliament and of the Council90 prohibits the labelling of mixtures and substances that contain hazardous chemicals as ‘non- toxic’, ‘non-harmful’, ‘non-polluting’, ‘ecological’ or any other statements indicating that the substance or mixture is not hazardous or statements that are inconsistent with the classification of thatas committed in the Chemicals Strategy for Sustainability. For products containing such substances, environmental claims should not be made. Where the use of a substance for mixture. Member States are required to ensure that such obligation is fulfilled. As committed in the Chemicals Strategy for Sustainability the Commission will define criteria for essential uses to guide its application across relevant Union legislation. . _________________ 90 Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging ofthat product has been proven to be essential for society, the product containing the substance may be eligible for environmental claims during the transition to safe and substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1)inable alternatives in line with the criteria developed by the Commission.
Amendment 182 #
Proposal for a directive
Article 1 – title
Article 1 – title
Subject Matter and scope
Amendment 183 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. The purpose of this Directive is to provide for a high level of consumer and environmental protection, aiming for sustainable production and consumption within planetary boundaries, while contributing to the proper functioning of the internal market, by approximating the laws, regulations and administrative provisions of the Member States related to environmental claims made on or with reference to products made available on the market or to traders making available products on the market.
Amendment 193 #
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 regulated by or, substantiated byand verified pursuant to at least as strict rules established in:
Amendment 219 #
Proposal for a directive
Article 1 – paragraph 2 – point p
Article 1 – paragraph 2 – point p
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. By way of derogation from the second paragraph of this article, this Directive continues to apply if the legislation listed in points (a) to (o) of paragraph 2 does not provide an equivalent level of protection with respect to the substantiation, communication, verification and enforcement of this Directive. Within one year after entry into force of this Directive the Commission shall adopt a delegated act in accordance with Article 18 establishing a list of environmental claims which are either fully excluded from the scope or for which only specific articles will apply. The list should be updated as needed, when new legislation is adopted or when Union law referred to in paragraph 2 is revised.
Amendment 254 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) ‘environmental label’ means a sustainability label covering onlye or predominantlymore environmental aspects of a product, a process or a trader;
Amendment 257 #
Proposal for a directive
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘value chain’ means all activities and processes that are part of the life cycle of a product or activity of a trader, including remanufacturing, reuse, recycling and end-of-life;
Amendment 259 #
Proposal for a directive
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, consisting of raw material acquisition or generation from natural resources, pre- processing, manufacturing, storage, transport, distribution, installation, use, maintenance, repair, upgrading, refurbishment as well as re-use, and end- of-life;
Amendment 276 #
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 taking into consideration the form in which they will be displayed. This assessment shall:
Amendment 279 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) specify if the claim is related to the whole product, part of a product or certain aspects of a product, or part of the life- cycle of a product, or to all activities of a trader or a certain part or aspect of these activities, as relevant to the claim;
Amendment 287 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) rely on robust, widely recognised, verifiable and independent scientific evidence, use accurate and complete information and take into account relevant international standarupdated scientific findings and methods;
Amendment 300 #
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, and, for claims about a trader, consider the overall activities of the trader ;
Amendment 309 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) where a claim is made on environmental performance, take into account all environmental aspects or environmental impacts that are subject to the claim which are significant to assessing the environmental performance, including environmental aspects or environmental impacts which are not addressed, or only to a limited extent, by life cycle assessment methods. At least the environmental impacts on climate change, resource consumption and circular economy, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems shall be considered;
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) identify whethermonstrate that improving environmental impacts, environmental aspects or environmental performance subject to the claim leads to significantdoes not lead to harm in relation to environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems;
Amendment 339 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(g a) not rely on any offsetting schemes, including ‘insetting’, to demonstrate the environmental impacts and performance of a product, aspects of a product, or of trader’s activities, or as an instrument to achieve the future environmental performance of a product, aspects of a product, or trader’s activities;
Amendment 342 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
Amendment 354 #
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) include primary information available to the trader for environmental impacts, environmental aspects or environmental performance, which are subject to the claim;
Amendment 363 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) include relevant additional 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.;
Amendment 371 #
Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
Article 3 – paragraph 1 – point j a (new)
(j a) ensure that the methodology used to substantiate the claim is accessible to any third party.
Amendment 377 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 386 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Where the products contain substances meeting the criteria for the following hazard classes laid down in Annex I of Regulation (EC) 1272/2008, whether on their own, in mixtures or in an article, such products are not eligible for environmental claims, except where the use of the substance in that product is proven essential for the society in line with criteria developed by the Commission: (a) Carcinogenicity category 1A and 1B; (b) Germ cell mutagenicity category 1A and 1B; (c) Reproductive toxicity category 1A and 1B; (d) Endocrine disruptors category 1; (e) Persistent, bioaccumulative and toxic; (f) Very persistent, very bioaccumulative; (g) Persistent, mobile and toxic; (h) Very persistent, very mobile; (i) Respiratory sensitisation; (j) Specific target organ toxicity category 1.
Amendment 389 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. The Commission shall adopt, without undue delay and in consultation with the forum established in accordance with Article 18a, delegated acts in accordance with Article 18 to supplement the requirements for substantiation of explicit environmental claims laid down in paragraph 1 based on existing Product Environmental Footprint Category Rules and Organisation Environmental Footprint Sectorial Rules where those Rules have been found to cover all environmental impacts or aspects relevant for a product category
Amendment 393 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. When the regular monitoring of the evolution of environmental claims referred to in Article 20 reveals differences in the application of the requirements laid down in paragraph 1 for specific claims and such differences create obstacles for the functioning of the internal market, or where the Commission identifies that the absence of requirements for specific claims leads to widespread misleading of consumers, the Commission mayshall adopt delegated acts in accordance with Article 18 to supplement the requirements for substantiation of explicit environmental claims laid down in paragraph 1 by:
Amendment 394 #
Proposal for a directive
Article 3 – paragraph 4 – point -a (new)
Article 3 – paragraph 4 – point -a (new)
(-a) determining the relevant environmental impacts that shall be covered by the substantiation; they can be the environmental impact categories covered by the Environmental Footprint methods, durability, reusability, reparability, recyclability, recycled content, use of natural content, including fibers, environmental performance or sustainability, bio-based elements, biodegradability, biodiversity, waste prevention and reduction
Amendment 396 #
Proposal for a directive
Article 3 – paragraph 4 – point b
Article 3 – paragraph 4 – point b
(b) determining for which environmental aspects or environmental impacts primary information shall be provided and determining criteria based on which the accuracy of the primary information and secondary information can be assessed; or
Amendment 407 #
Proposal for a directive
Article 3 – paragraph 5 – point c a (new)
Article 3 – paragraph 5 – point c a (new)
(c a) existing Product Environmental Footprint Category Rules and Organisation Environmental Footprint Sectorial Rules and the need to adapt them to the requirements referred to in this Directive;
Amendment 408 #
Proposal for a directive
Article 3 – paragraph 5 – point d
Article 3 – paragraph 5 – point d
(d) ease of access to information and data for the assessment and use of this information and data by micro and small and medium-sized enterprises (‘SMEs’).
Amendment 412 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5 a. Where there is no recognised scientific method or insufficient evidence to assess environmental impacts and aspects, the exclusion of these impacts shall be transparent and efforts shall be made to develop methods and accumulate evidence to enable the assessment of the respective impact. Until the method meeting the requirements set out in the first paragraph is developed, the claims referring to such environmental impacts shall not be made.
Amendment 414 #
Proposal for a directive
Article 3 – paragraph 5 b (new)
Article 3 – paragraph 5 b (new)
5 b. Within one year after entry into force of this Directive, the Commission shall present a working plan, covering a period of at least 3 years, with a prioritisation of specific claims for which the absence of clear requirements for their substantiation and communication might lead to misleading claims and necessitates the development of further requirements through delegated acts, in accordance with Article 18 and 18a (‘Consultation forum’). The work plan shall be revised and updated on a regular basis and at least every three years to take account of the regular monitoring of environmental claims referred to in Article 20. The first working plan shall be complemented by an assessment of the compliance and equivalence of environmental labelling schemes and explicit environmental claims referred to in Article 1(2) with obligations established under this Directive. To this end, the Commission shall, by two years after entry into force of this Directive, submit a report to the European Parliament and to the Council, if appropriate, accompanied by legislative proposals.
Amendment 434 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 439 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a trader, including online marketplaces, is required to communicate an explicit environmental claim in accordance with the requirements set out in this Article.
Amendment 443 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. The requirements set out in paragraph 2 shall not apply to explicit environment claims based on specific requirements from a national or regional environmental label officially recognised in accordance with Article 11 of Regulation (EC) 66/2010, which have been verified and obtained a certificate of conformity according to Article 10(2). Such claims can be communicated without needing to be subject to additional verification in accordance with Article 10(1).
Amendment 444 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Where the explicit environmental claim is related to a final product, and the use or end-of-life phase is among the most relevant life- cycle stages of that product, the claim shall include information on how the consumer should use the productor dispose of the product at the end-of-life in order to achieve the expected environmental performance of that product. That information shall be made clearly visible and available together with the claim.
Amendment 447 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where the explicit environmental claim is related to future environmental performance of a product or trader it shall include a time-bound commitment for improvements inside own operations and value chains. comply with the following requirements: (a) The claim shall be based on clear, objective, science-based, publicly available, verifiable and measurable commitments backed by the highest management level of the trader making the claim; (b) The claim shall be accompanied by detailed, realistic and publicly available implementation plan that include interim and time-bound targets to be achieved based on existing and technically viable technologies and appropriate budget allocation; (c) The claim shall include publicly available annual reporting on the achievement of the targets, including on non-achieved commitments; (d) Environmental claims communicating an improvement of the product’s or trader’s environmental performance on individual relevant environmental aspects shall include the reference year and the indicators reflecting performance in the baseline year and the year linked to the improvement set out in the claim; (e) The claims shall not include actions or targets already achieved; (f) The substantiation of environmental claims communicating improvement of the product’s or trader’s performance regarding specific environmental impacts shall explain how the improvement communicated affects other relevant environmental impacts for the product or the trader; (g) The implementation plan referred to in point (b) shall be regularly verified by an independent third-party expert, whose findings shall be made publicly available.
Amendment 460 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Explicit environmental claims on the cumulative environmental impacts of a product or trader based on an aggregated indicator of environmental impacts can be made only owhen the basis of rules to calculate such aggregated indicator that are established in the Union lawy are based on environmental labels complying with Article 7.
Amendment 461 #
Proposal for a directive
Article 5 – paragraph 5 a (new)
Article 5 – paragraph 5 a (new)
5 a. Explicit environmental claims that are based on greenhouse gas emissions offsetting, and inducing that a product or a trader’s activity has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions shall be prohibited.
Amendment 463 #
Proposal for a directive
Article 5 – paragraph 5 b (new)
Article 5 – paragraph 5 b (new)
5 b. For environmental labels based on different levels of performance, the available performance classes shall be clearly provided in the same visual representation together with the level that the product, process or business has been awarded. Further information on the definition of classes shall be provided in accordance with paragraph 6.
Amendment 464 #
Proposal for a directive
Article 5 – paragraph 5 c (new)
Article 5 – paragraph 5 c (new)
5 c. Explicit environmental claims by highly polluting industries shall be accompanied by clear and prominent information to the consumer specifying that the industry and its products have an overall negative impact on the environment.
Amendment 480 #
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 487 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f
Article 5 – paragraph 6 – subparagraph 2 – point f
Amendment 500 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 506 #
Proposal for a directive
Article 5 – paragraph 8
Article 5 – paragraph 8
8. Where the substantiation of certain environmental impacts, environmental aspects or environmental performance is subject to the rules established in delegated acts referred to in Article 3, paragraph 4(a) and paragraph 4(c), the Commission mayThe Commission shall adopt delegated acts in accordance with Article 18 to supplement the requirements for communication of explicit environmental claims set out in Article 5 by specifying further the information that can be or shall be communicated regarding such environmental impacts, environmental aspects or environmental performance, so as to make sure that the consumers are not misled.
Amendment 516 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Where a national or regional environmental label officially recognised in accordance with Article 11 of Regulation (EC) 66/2010 demonstrates that its assessment methodology is in accordance with Article 3, and makes use of a lifecycle approach and product specific requirements, assessed by independent laboratories, only the methodology of the label shall be subject to verification according to Article 10(2) and not the requirements and related testing for each individual product or service group covered by the label.
Amendment 520 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Only environmental labels awarded under environmental labelling schemes established under Union lawcomplying with the requirements of the first paragraph and awarded under environmental labelling schemes that are based on scientific, independent and reproducible assessment methods and a lifecycle approach may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or trader.
Amendment 528 #
Proposal for a directive
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(a a) the decision-making bodies of the environmental labelling scheme are free of conflicts of interest and are independent from traders using the label and consist of a diverse group of stakeholders, including environmental and consumer organisations;
Amendment 533 #
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the conditions for joining the environmental labelling schemes are proportionate to the size and turnover of the companies in order not to exclude micro, small and medium enterprises, including by setting reasonable and non- discriminatory fees;
Amendment 535 #
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 for public and transparent consultation to a heterogeneous group of stakeholders free of conflict of interest and that has reviewed them and ensured their relevance from a societal perspective. The group of stakeholders shall ensure its independence from the environmental labelling scheme owner and shall be composed of representatives from academic institutions, consumer organisations, trade unions and environmental organisations;
Amendment 545 #
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
Article 8 – paragraph 2 – point f a (new)
(f a) the environmental labelling scheme has a robust monitoring and evaluation system in place to regularly assess the performance and impacts of the requirements of the label and, where relevant, update the requirements in order to reflect technical developments and increase the level of environmental ambition.
Amendment 551 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 558 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 561 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. From [OP: Please insert the date = the date of transposition of this Directive] any new environmental labelling schemes established by public authorities of the Member States or in third countries awarding environmental labels to be used on the Union market, shall be subject to approval, without undue delay, by the Commission prior to entering the Union market with the aim of ensuring that these labels provide added value in terms of their environmental ambition including notably their coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive. Environmental labelling schemes established by public authorities of the Member State or in third countries prior to that date may continue to award the environmental labels which are to be used on the Union market, provided they meet the requirements of this Directive. National or regional labelling schemes established by public authorities shall be periodically evaluated by the Commission to ensure that they continue to offer added value in terms of their environmental ambition, and meet the requirements of this Directive.
Amendment 571 #
Member States shall ensure that environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approvedre only approved, without undue delay, if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as compared to the existing Union, national or regional schemes referred to in paragraph 34, and meet the requirements of this Directive.
Amendment 577 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
This procedure for approval of new environmental labelling schemes shall apply to schemes established by private operators in the Union and in third countries.
Amendment 579 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 3
Article 8 – paragraph 5 – subparagraph 3
Member States shall notify the Commission when new private schemes are approved and submit the documents referred to in paragraph 6 to the Commission. Member States shall evaluate schemes established by private operators periodically to ensure that they continue to offer added value in terms of their environmental ambition, and meet the requirements of this Directive.
Amendment 585 #
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 of the Member States or in third countries, or in paragraph 5 for environmental labelling schemes established by private operators;
Amendment 591 #
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 recognisedsearchable list of environmental labels that 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, including the information provided in accordance with paragraph 6.
Amendment 597 #
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 implementingby [12 months from the date of entry into force of this Directive] adopt delegated acts to:
Amendment 610 #
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 53 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.
Amendment 618 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 627 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. Member States shall ensure that the cost of verification and certification is proportionate to the size and turnover of traders requesting verification and certification with a particular regard to micro, small and medium-sized enterprises.
Amendment 656 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The certificate of conformity shall not prejudge the assessment and shall not be used as proof of compliance in relation tof the environmental claim by national authorities or courts in accordance with Directive 2005/29/EC.
Amendment 666 #
Proposal for a directive
Article 10 – paragraph 9 a (new)
Article 10 – paragraph 9 a (new)
9 a. Member States may introduce a transitional period of maximum 36 months after the date of entry into force of this Directive during which existing environmental claims, submitted for verification, can still be used.
Amendment 680 #
Proposal for a directive
Article 11 – paragraph 3 – point c a (new)
Article 11 – paragraph 3 – point c a (new)
(c a) the verifier shall be critical in the assessment of explicit environmental claim and exercise sceptical attitude towards the claim questioning the underlying assumptions and being alert to conditions which may indicate possible misstatement due to error, negligence or fraud,
Amendment 694 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. The Commission shall adopt delegated acts to specify the requirements for verifiers referred to in paragraph 3. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 18.
Amendment 698 #
Proposal for a directive
Article 12 – title
Article 12 – title
Amendment 709 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
Member States shall establish solidarity mechanisms where large enterprises support micro, small and medium sized enterprises to ensure that the financial benefit of obtaining a certificate of conformity for an explicit environmental claim or for obtaining an environmental label is greater than the financial cost of substantiating the claim or obtaining the label.
Amendment 712 #
Proposal for a directive
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
Further support to micro, small and medium enterprises shall be granted within the framework of the “MFF Single Market Programme” as part of the eligible actions to support the Programme’s objectives referred to in Article 3(2)b of Regulation (EU)2021/690.
Amendment 716 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 722 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Competent authorities of the Member States designated in accordance with Article 13 shall undertake regularannual and comprehensive checks of the explicit environmental claims made and the environmental labelling schemes applied, on the Union market. The reports detailing the result of those checks shall be made available to the public online.
Amendment 731 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. Where the competent authorities of a Member State detect that verifiers have repeatedly issued certificates of conformity for explicit environmental claims that do not comply with the requirements laid down in this Directive, the verifier's accreditation shall be withdrawn without undue delay.
Amendment 734 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Natural or legal persons or organisations regarded under Union or national law as having a legitimate interest shall be entitled to submit substantiated complaints to competent authorities when they deem, on the basis of objective circumstances, that a tradthat a one or more traders or a verifier is failing to comply with the provisions of this Directive.
Amendment 738 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Competent authorities shall assess, without undue delay, impartially and diligently, the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the ptraderson or organisaverifiers in question, with a view to verify those complaintsdetect potential breaches of the provisions of this Directive. If confirmed, the competent authorities shall take the necessary actions in accordance with Article 15.
Amendment 741 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Competent authorities shall, as soon as possible and in any case within 30 days from receiving the substantiated concern and in accordance with the relevant provisions of national law, inform the person or organisation referred to in paragraph 1 that submitted the complaint of its decision to accede to or refuse the request for action put forward in the complaint and shall provide the reasons for it and a description of the further steps and measures it will take. Competent authorities shall allow for additional information to be provided by the person who has submitted the concern.
Amendment 784 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article18a Consultation Forum 1. The Commission shall establish an expert group, referred to as the consultation forum (the ’forum’) consisting of a balanced participation of Member States representatives and all interested parties involved in the substantiation of explicit environmental claims and environmental labelling schemes, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. The forum shall contribute to the development of requirements for the substantiation of explicit environmental claims and environmental labelling schemes. 2. The Commission shall consult the forum in the process of evaluating and updating requirements for the substantiation and communication of environmental claims in accordance with Article 3(4) and 5(8) of this Directive, including when specifying requirements under a delegated act. The forum shall in particular contribute to the preparation of requirements for assessment methods used to substantiate claims and rules for their communication, as well as to the evaluation of the effectiveness of the existing requirements, to ensure the reliability of green claims. 3. The forum shall also provide recommendations on the revision of the Working Plan as referred in Article 3(5b) of this Directive, as well as the revision of Union law referred to in Article 3(5b).
Amendment 790 #
Proposal for a directive
Article 21 – paragraph 2 – point e a (new)
Article 21 – paragraph 2 – point e a (new)
(e a) unlocking opportunities for the circular and green economy. To this end, the report shall assess the appropriateness and feasibility of making the use of Environmental Footprint methods mandatory.
Amendment 815 #
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 = 2418 months after the date of entry into force of this Directive].