[ParlTrack]

Proposal for a directive
Recital 32

(32) The Commission Recommendation (EU) 2021/2279 contains guidance on how to measure the life cycle environmental performance of specific products or organisations and how to develop Product Environmental Footprint Category Rules (PEFCRs) and Organisation Environmental Footprint Sectorial Rules (OEFSRs) that allow comparison of products to a benchmark. Such category rules for specific products or traders can be used to support the substantiation of claims in line with the requirements of this Directive. Therefore, the Commission should be empowered to adopt delegated acts to establish product group or sector specific rules where this may have added value. However, in case the Product Environmental Footprint method does not yet cover an impact category, which is relevant for a product group, the adoption of PEFCR may take place only once these new relevant environmental impact categories have been added. For example, as regards marine fisheries, the PEFCR should for example reflect the fisheries- specific environmental impact categories, in particular the sustainability of the targeted stock. Concerning space, the PEFCR should reflect defence and space- specific environmental impact categories, including the orbital space use. As regards food and agricultural products, biodiversity and nature protection, as well as farming practices, including ~~positive externalities of extensive farming and animal welfare~~different agricultural and forestry practices, should, for example, also be integrated before the adoption of PEFCR could be considered. As regards textiles, the PEFCR should for example reflect the microplastics release, before the adoption of PEFCR could be considered.

2023/10/31
Committee: AGRI

Anne SANDER

Proposal for a directive
Article 2 – paragraph 1 – point 3

(3) ‘trader’ means trader as defined in Article 2, point (b), of Directive 2005/29/EC, excluding cooperatives and professional organisations;

2023/10/31
Committee: AGRI

Anne SANDER

Proposal for a directive
Article 3 – paragraph 1 – point e

(e) demonstrate that the claim ~~is not equivalent to~~reflects requirements imposed by law ~~on products within the product group, or traders within the sector~~where mirror clauses are not implemented for the product concerned;

2023/10/31
Committee: AGRI

Anne SANDER

Proposal for a directive
Article 3 – paragraph 1 – point e a (new)

(ea) demonstrate that the claim goes beyond the requirements imposed by law on products within the product group, or traders within the sector; in particular for practices going beyond GAEC;

2023/10/31
Committee: AGRI

Anne SANDER

Proposal for a directive
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~~European standards, and where relevant consider the following:

2023/10/31
Committee: AGRI

Anne SANDER

Proposal for a directive
Article 3 – paragraph 5 – point d a (new)

(da) requirements relating to eco- schemes in the CAP shall be deemed eligible for environmental claims under this Directive;

2023/10/31
Committee: AGRI

Anne SANDER

Proposal for a directive
Article 16

~~Complaint-handling and access to jus~~Article 1. 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. 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. 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. 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. practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.6 deleted Natural or legal persons or For the purposes of the first Competent authorities shall, as Member States shall ensure that a Member States shall ensure that

2023/10/31
Committee: AGRI

7 Amendments of Anne SANDER related to 2023/0085(COD)

ParlTrack - 2011-2024