BETA

19 Amendments of Jean-Lin LACAPELLE related to 2023/0085(COD)

Amendment 80 #
Proposal for a directive
Recital 16
(16) The assessment made to substantiate explicit environmental claims needs to consider the life-cycle of the product or of the overall activities of the trader and should not omit any relevant environmental aspects or environmental impacts, such as the environmental impact of a product imported from a third country. 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.
2023/11/14
Committee: ENVIIMCO
Amendment 113 #
Proposal for a directive
Recital 30
(30) While unfair commercial practices, including misleading environmental claims, are prohibited for all traders pursuant to Directive 2005/29/EC84, an administrative burden linked to substantiation and verification of environmental claims on the smallest companies could be disproportionate and should be avoided. To this end, microenterprises should be exempted from the requirements on substantiation of Article 3 and 4 unless these enterprises wish to obtain a certificatean alternative to third-party certification should be provided for micro, small and medium-sized enterprises on the basis of a declaration of conformity of explicit environmental claims that will be recognised by the competent authorities across the Union. _________________ 84 Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (Unfair Commercial Practices Directive) (OJ L 149, 11.6.2005, p. 22) as amended.
2023/11/14
Committee: ENVIIMCO
Amendment 138 #
Proposal for a directive
Recital 37
(37) In order to avoid potential disproportionate impacts on the micro, small and medium-sized enterprises, the smallest companies should be exempted from the requirements of Article 5 linked to information on the substantiation of explicit environmental claims unless these enterprises wish to obtain a certificate of conformity of explicit environmental claim that will be recognised by the competent authorities across the Union.
2023/11/14
Committee: ENVIIMCO
Amendment 166 #
Proposal for a directive
Recital 54
(54) Small and medium-sized enterprises (SMEs) should be ablegiven sufficient support to benefit from the opportunities provided by the market for more sustainable products but, as they couldgenerally 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 by means of easily accessible information portals or similar means and raise awareness of the ways to comply with the requirements of this Directive, ensure targeted and specialised training free of charge, and provide specific and sufficient assistance and support, including financial, so thato SMEs wishing to make explicit environmental claims on their products or as regards their activities are able to do so. Member States actions should be taken in respect of applicable State aid rules.
2023/11/14
Committee: ENVIIMCO
Amendment 332 #
Proposal for a directive
Article 3 – paragraph 1 – point g
(g) identify whether improving environmental impacts, environmental aspects or environmental performance subject to the claim leads to significant harm in relation to environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, public well-being and health, animal welfare and ecosystems;
2023/11/14
Committee: ENVIIMCO
Amendment 370 #
Proposal for a directive
Article 3 – paragraph 1 – point j a (new)
(ja) provide relevant information on the environmental impact of the transport of products, in particular in the context of imports.
2023/11/14
Committee: ENVIIMCO
Amendment 381 #
Proposal for a directive
Article 3 – paragraph 3
3. The requirements set out in paragraphs 1 and 2 shall not apply to traders that are micro, small or medium- sized enterprises 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).
2023/11/14
Committee: ENVIIMCO
Amendment 431 #
Proposal for a directive
Article 4 – paragraph 3
3. The requirements laid down in this Article shall not apply to traders that are micro, small or medium-sized enterprises 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).
2023/11/14
Committee: ENVIIMCO
Amendment 503 #
Proposal for a directive
Article 5 – paragraph 7
7. The requirements set out in paragraphs 2, 3 and 6 shall not apply to traders that are micro, small or medium- sized enterprises within the meaning of Commission Recommendation 2003/361/EC unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10.
2023/11/14
Committee: ENVIIMCO
Amendment 550 #
Proposal for a directive
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.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 555 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
From the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 621 #
Proposal for a directive
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are micro, small or medium-sized enterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request.
2023/11/14
Committee: ENVIIMCO
Amendment 624 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
3a. When they set up the procedures referred to in paragraphs 1 and 2, Member States shall encourage verifiers to take into account the complexity of the substantiation of the claim and the size and turnover of traders requesting verification and certification when calculating their pricing for the cost of verification and certification, paying particular attention to micro, small and medium-sized enterprises.
2023/11/14
Committee: ENVIIMCO
Amendment 700 #
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Member States shall take appropriate measures to help micro, small and medium sized enterprises apply the requirements set out in this Directive. Those measures shall at least include guidelinaccessible guidelines containing clear examples or similar mechanisms to raise awareness of ways to comply with the requirements on explicit environmental claims. In addition, wWithout prejudice to applicable state aid rules, such measures may include one or more of the following elements:
2023/11/14
Committee: ENVIIMCO
Amendment 706 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
(da) access to specialised information portals.
2023/11/14
Committee: ENVIIMCO
Amendment 732 #
Proposal for a directive
Article 16
Complaint-handling and access to justice 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 trader is failing to comply with the provisions of this Directive. 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. 3. Competent authorities shall assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation, with a view to verify those complaints. If confirmed, the competent authorities shall take the necessary actions in accordance with Article 15. 4. Competent authorities shall, as soon as possible and in any case 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. 5. Member States shall ensure that a person or organisation referred to in paragraph 1 submitting a substantiated complaint shall have access to a court or other independent and impartial public body competent to review the procedural and substantive legality of the decisions, acts or failure to act of the competent authority under this Directive, without prejudice to any provisions of national law which require that administrative review procedures be exhausted prior to recourse to judicial proceedings. Those judicial review procedures shall be fair, equitable, timely and free of charge or not prohibitively expensive, and shall provide adequate and effective remedies, including injunctive relief where necessary. 6. Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.Article 16 deleted
2023/11/14
Committee: ENVIIMCO
Amendment 760 #
Proposal for a directive
Article 17 – paragraph 2 – point g a (new)
(ga) the size of the company;
2023/11/14
Committee: ENVIIMCO
Amendment 761 #
Proposal for a directive
Article 17 – paragraph 3
3. 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. 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 812 #
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