BETA

57 Amendments of Laura BALLARÍN CEREZA related to 2023/0085(COD)

Amendment 98 #
Proposal for a directive
Recital 21
(21) Climate-related claims have been shown to be particularly prone to being unclear and ambiguous and to mislead consumers. 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 oft, which try to apply global carbon neutrality at a company or product level, are scientifically invalid when 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 offsecarbon credits 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 offsetcarbon 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 nearly all 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 enhancements. When offsets are used nonetheless, it is deemed appropriate to address 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 emissions. In addition, this information should also specify the share of total emissions that are addressed through offsetting, whether these offsets relate to emission reductions or removals enhancement, and the methodology applied. The climate-related claims that include the use of offsets have to be substantiated by methodologies that ensure the integrity and correct accounting of these offsets and thus reflect coherently and transparently the resulting impact on the climateon a global level through carbon removals enhancements. Therefore, the substantiation of climate- related claims should not be based on greenhouse gas emissions offsets.
2023/11/14
Committee: ENVIIMCO
Amendment 106 #
Proposal for a directive
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.
2023/11/14
Committee: ENVIIMCO
Amendment 119 #
Proposal for a directive
Recital 31
(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 may 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”the transition in line with climate or other environmental goals, 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.
2023/11/14
Committee: ENVIIMCO
Amendment 123 #
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 naturIn order to include the new Green Claims Forum, the Commission should revise the Recommendation (EU) 2021/2279 to enable the Forum to contribute to PEFCR and OEFCR. The revision should specify minimum timelines for the provision of comments by the Green Claims Forum, and minimum rules for the publication of opinions to ensure a transparent process. In case the pProtection, as well as farming practices, including positive externalities of extensive farming and animal welfare, should, for example, also be integrated before the adoption of PEFCR could be considered. As regards textiles, the PEFCR should for exampleduct 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 reflect the microplastics release, before the adoption of PEFCR could be considervant environmental impact categories have been added.
2023/11/14
Committee: ENVIIMCO
Amendment 134 #
Proposal for a directive
Recital 35
(35) In 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 hgas emissions or other environmental impacts.
2023/11/14
Committee: ENVIIMCO
Amendment 140 #
Proposal for a directive
Recital 40 a (new)
(40 a) In cases where a trader or trader's product is awarded an environmental label by a verified and certified environmental labelling scheme, the trader can use the verified environmental label in commercial communications based on the certificate of conformity obtained by the certification scheme. The trader can also make environmental claims based on the environmental aspects, impacts and performance of products certified by the verified label without having to apply for further verification. In that case, the information to be displayed should be that of the environmental labelling scheme, including the certificate of conformity.
2023/11/14
Committee: ENVIIMCO
Amendment 153 #
Proposal for a directive
Recital 47 a (new)
(47 a) Regular revisions of environmental labelling schemes are of fundamental importance in order to ensure their continuous improvement. In line with its objective of increasing the level of environmental protection and contributing to accelerating the green transition towards a circular, clean and climate neutral economy in the Union, this Directive ensures that the verification and certification of the substantiation and communication of environmental labelling schemes ensure their continuous improvement.
2023/11/14
Committee: ENVIIMCO
Amendment 161 #
Proposal for a directive
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 suchThe certificate iof 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 prejudgeconformity should however not prejudge, is not relevant for, and shall not be relied upon for the assessment of the environmental claim by the public authorities or courts, which enforce Directive 2005/29/EC. This Directive requires that the substantiation of explicit environmental claims shall be based on an assessment that meets selected minimum criteria to help prevent such claims from being misleading.
2023/11/14
Committee: ENVIIMCO
Amendment 163 #
Proposal for a directive
Recital 53
(53) In order to ensure uniform conditions for the provisions on verification of explicit environmental claims and environmental labelling schemes and to facilitate the enforcement of the provisions on verification of this Directive, implementing powers should be conferred on the Commission to adopt a common form for certificates of conformity and the technical means for issuing such certificates. This common form should facilitate the recognition of certificates of conformity by the competent authorities across the Union. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council86 . _________________ 86 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
2023/11/14
Committee: ENVIIMCO
Amendment 168 #
Proposal for a directive
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 shouldand the Commission should, in their respective areas of responsibility, 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 micro enterprises and SMEs wishing to make explicit environmental claims on their products or as regards their activities. Member States actions should be taken in respectshould develop a tool that facilitates the substantiation of apexplicable State aid ruleit environmental claims.
2023/11/14
Committee: ENVIIMCO
Amendment 194 #
Proposal for a directive
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 and verified by rules established in :
2023/11/14
Committee: ENVIIMCO
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 2 – point p
(p) other existing or future Union rules setting out the conditions under which certain explicit environmental claims about certain products or traders may be or are to be made or Union rules laying down requirements on the assessment or communication of environmental impacts, environmental aspects or environmental performance of certain products or traders or conditions for environmental labelling schemes.deleted
2023/11/14
Committee: ENVIIMCO
Amendment 226 #
Proposal for a directive
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 including the list of all environmental claims which are either fully excluded from the scope or for which only specific articles will apply.
2023/11/14
Committee: ENVIIMCO
Amendment 256 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
(8) ‘environmental label’ means a sustainability label covering only or predominantlany environmental aspects of a product, a process or a trader;
2023/11/14
Committee: ENVIIMCO
Amendment 277 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims in the form in which they will be displayed. This assessment shall:
2023/11/14
Committee: ENVIIMCO
Amendment 281 #
Proposal for a directive
Article 3 – paragraph 1 – point a
(a) specify if the claim is related to the whole product, part of a product or certain aspects or part of the life cycle of a product, part or to all activities of a trader or a certain part or aspect of these activities, as relevant to the claim;
2023/11/14
Committee: ENVIIMCO
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – point b
(b) rely on robust, independent, verifiable and widely recognised scientific evidence, use accurate information and which takes into account relevant international standarupdated scientific findings and methods;.
2023/11/14
Committee: ENVIIMCO
Amendment 299 #
Proposal for a directive
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 market perspective and, for claims about traders, from an entire business perspective, including with respect to environmental aspects or impacts which are not addressed, or only to a limited extent, by life cycle assessment methods.
2023/11/14
Committee: ENVIIMCO
Amendment 311 #
Proposal for a directive
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;.
2023/11/14
Committee: ENVIIMCO
Amendment 336 #
(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, animal welfare and ecosystems;
2023/11/14
Committee: ENVIIMCO
Amendment 341 #
Proposal for a directive
Article 3 – paragraph 1 – point h
(h) separate any greenhouse gas emissions offsets used from greenhouse gas emissions as additional environmental information, specify whether those offsets relate to emission reductions or removals, and describe how the offsets relied upon are of high integrity and accounted for correctly to reflect the claimed impact on climateprovide information demonstrating that no greenhouse gas emissions offsets are used for the claim;
2023/11/14
Committee: ENVIIMCO
Amendment 356 #
Proposal for a directive
Article 3 – paragraph 1 – point i
(i) iInclude primary information available to the trader for environmental impacts, environmental aspects or environmental performance, which are subject to the claim;. Primary information shall be included for environmental aspects which contribute significantly to the environmental performance of the product or trader, in particular, product composition, processes, materials and energy used in the production, emissions from the processes, impacts on biotic resources, the use of the product, its durability, and reparability, and end of life aspects.
2023/11/14
Committee: ENVIIMCO
Amendment 360 #
Proposal for a directive
Article 3 – paragraph 1 – point j
(j) include relevaas a supplement 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. Where secondary information is used, a justification must be given demonstrating why primary information is not available to the trader.
2023/11/14
Committee: ENVIIMCO
Amendment 376 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
2 a. Within 12 months from the entry into force of this Directive, the European Commission shall publish and regularly update the list of methodologies that are compliant with Article 3. This shall include also methodologies verified in line with Article 10, paragraph 2, point b.
2023/11/14
Committee: ENVIIMCO
Amendment 379 #
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 microenterprises 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).deleted
2023/11/14
Committee: ENVIIMCO
Amendment 399 #
4 a. By ... [1 year from the date of entry into force of this Directive], the Commission shall identify the most common explicit environmental claims made on the Union market and publish a list of claims that the Commission intends to supplement with the delegated act referred to in paragraph 4. That list shall be updated every 3 years.
2023/11/14
Committee: ENVIIMCO
Amendment 411 #
Proposal for a directive
Article 3 – paragraph 5 a (new)
5 a. Within one year after entry into force of this Directive, the Commission will present a work plan 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 with consultation of stakeholders through the Green Claims Consultation Forum. This work plan will be regularly revised and updated to take account of the regular monitoring of environmental claims referred to in Article 20.
2023/11/14
Committee: ENVIIMCO
Amendment 438 #
Proposal for a directive
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.
2023/11/14
Committee: ENVIIMCO
Amendment 442 #
Proposal for a directive
Article 5 – paragraph 2
2. Explicit environmental claims may only cover environmental impacts, environmental aspects or environmental performance that are substantiated in accordance with the requirements laid down in Articles 3, 4 and 5 and that are identified as significant for the product or trader concerned in accordance with Article 3 paragraph (1) point (c) or (d). This does not apply to explicit environmental claims based on specific requirements from an environmental labelling scheme, 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).
2023/11/14
Committee: ENVIIMCO
Amendment 448 #
Proposal for a directive
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, science based and measurable commitment for improvements inside own operations and value chains, set out in a publicly available detailed and realistic implementation plan, including comprehensive information on concrete and verifiable interim targets accompanied with monitoring and reporting plans. The plans shall be regularly verified by an independent third-party expert, whose findings shall be made publicly available.
2023/11/14
Committee: ENVIIMCO
Amendment 456 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
4 a. Explicit environmental claims shall be prohibited for products containing substances or preparations/mixtures meeting the criteria for classification as toxic, hazardous to the environment, carcinogenic, mutagenic or toxic for reproduction (CMR), causing endocrine disruption to human health or the environment, persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), or very persistent, very mobile (vPvM) properties in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, nor to goods containing substances referred to in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, except when their use is considered essential for society.
2023/11/14
Committee: ENVIIMCO
Amendment 457 #
Proposal for a directive
Article 5 – paragraph 4 b (new)
4 b. Explicit environmental claims based on greenhouse gas emissions offsetting which claim that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions, shall be prohibited.
2023/11/14
Committee: ENVIIMCO
Amendment 465 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 1
Information on the product or the trader that is the subject of the explicit environmental claim and on the substantiation shall be made available together with the claim in a physical form or in the form of a weblink, QR code or equivalent. For claims based on an environmental labelling scheme which have obtained a certificate of conformity, following verification in accordance with Article 10(2), the label itself is sufficient information.
2023/11/14
Committee: ENVIIMCO
Amendment 483 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) the underlying studies, including the assessment referred to in Article 3, 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).
2023/11/14
Committee: ENVIIMCO
Amendment 492 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f
(f) for climate-related explicit environmental claims that rely on greenhouse gas emission offsets, informaate to carbon credits or other contributions to which extent they rely on offsets andenvironmental projects whether these relate to emissions reductions or removals of emissions or other environmental impacts;
2023/11/14
Committee: ENVIIMCO
Amendment 499 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point g a (new)
(g a) when a sustainability label is based on different levels of performance, the existing classes must be clearly provided in the same visual representation together with the level that the product, process or business has been assigned to. Further information on the definition of classes must be provided.
2023/11/14
Committee: ENVIIMCO
Amendment 544 #
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
(f a) the environmental labelling scheme regularly reviews its objectives, its strategies, and the performance of its tools and system, based on the latest best practices, scientific data and evidence. When the review finds improvements are possible, the scheme updates its underlying requirements in order to reflect technical developments and raise the ambition.
2023/11/14
Committee: ENVIIMCO
Amendment 595 #
Proposal for a directive
Article 8 – paragraph 7
7. The Commission shall publish and keep-up-to date a list of officially recognised environmental labels that are environmental labelling schemes that comply with this Directive and 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.
2023/11/14
Committee: ENVIIMCO
Amendment 625 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
3 a. The verification requirements shall not apply to traders displaying an environmental label verified in accordance with this Article and making environmental claims regarding environmental aspects, impacts and environmental performance certified by that label. The information required in Article 5(6) shall be that of the environmental labelling scheme.
2023/11/14
Committee: ENVIIMCO
Amendment 636 #
Proposal for a directive
Article 10 – paragraph 4
4. The verification shall be undertaken and completed within a reasonable timeframe, as defined in delegated acts referred to in Article 8(8), by a verifier fulfilling the requirements set out in Article 11, in accordance with the procedures referred to in paragraphs 1 and 2, before the environmental claim is made public or the environmental label is displayed by a trader.
2023/11/14
Committee: ENVIIMCO
Amendment 651 #
Proposal for a directive
Article 10 – paragraph 7
7. The certificate of conformity shall be recognised by the competent authorities responsible for the application and enforcement of this Directive. Member States shall notify the list of certificates of conformity via the Internal Market Information System established by Regulation (EU) No 1024/2012. All certificates of conformity shall be made available on a searchable public database clearly identifying the key information including the name of the trader, the type of claim, the assessment methodology and the sector.
2023/11/14
Committee: ENVIIMCO
Amendment 657 #
Proposal for a directive
Article 10 – paragraph 8
8. The certificate of conformity shall not prejudge, is irrelevant to and shall not be relied upon for the assessment of the environmental claim by national authorities or courts in accordance with Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 677 #
Proposal for a directive
Article 11 – paragraph 3 – point b
(b) the verifier, its top-level management and the personnel responsible for carrying out the verification tasks shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to the verification activities, such as providing other services to the relevant trader(s);
2023/11/14
Committee: ENVIIMCO
Amendment 693 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
3 a. Accredited verifiers established in one Member State in accordance with Regulation (EC) No 765/2008 may perform verification activities in any other Member State under the same conditions as accredited verifiers established in that Member State.
2023/11/14
Committee: ENVIIMCO
Amendment 699 #
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 guidelines 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 shall include:
2023/11/14
Committee: ENVIIMCO
Amendment 701 #
Proposal for a directive
Article 12 – paragraph 1 – point a
(a) financial supportguidelines or similar mechanisms to raise awareness of ways to comply with the requirements on explicit environmental claims;
2023/11/14
Committee: ENVIIMCO
Amendment 703 #
Proposal for a directive
Article 12 – paragraph 1 – point b
(b) access to financefinancial support;
2023/11/14
Committee: ENVIIMCO
Amendment 704 #
Proposal for a directive
Article 12 – paragraph 1 – point c
(c) specialised management and staff trainingaccess to finance;
2023/11/14
Committee: ENVIIMCO
Amendment 705 #
Proposal for a directive
Article 12 – paragraph 1 – point d
(d) organisational and technical assistancespecialised management and staff training.
2023/11/14
Committee: ENVIIMCO
Amendment 707 #
Proposal for a directive
Article 12 – paragraph 1 – point d a (new)
(d a) organisational and technical assistance.
2023/11/14
Committee: ENVIIMCO
Amendment 710 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Member States shall designate single points of contact for microenterprises and SMEs from where they can request information on complying with the requirements on explicit environmental claims and on the available support referred to in the previous subparagraph.
2023/11/14
Committee: ENVIIMCO
Amendment 718 #
Proposal for a directive
Article 13 – paragraph 2
2. For the purpose of the enforcement of Articles 5 and 6, Member States may designate the national authorities or courts responsible for the enforcement of Directive 2005/29/EC. In that case, Member States may derogate fromshall also apply the enforcement rules adopted in accordance with Articles 141 to 173 of this Directive and apply the enforcement rules adopted2005/29/EC. Member states shall ensure that consumers harmed by non- compliance with this Directive have access to proportionate and effective remedies in accordance with Articles 11 to 13a of Directive 2005/29/EC.
2023/11/14
Committee: ENVIIMCO
Amendment 735 #
Proposal for a directive
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 one or more traders or verifiers is failing to comply with the provisions of this Directive.
2023/11/14
Committee: ENVIIMCO
Amendment 737 #
Proposal for a directive
Article 16 – paragraph 3
3. Competent authorities shall, without undue delay, diligently and impartially 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 totraders and verifiers concerned, with a view to detecting potential breaches of the provisions of this Directive verify those complaints. If confirmed, the competent authorities shall take the necessary actions in accordance with Article 15.
2023/11/14
Committee: ENVIIMCO
Amendment 742 #
Proposal for a directive
Article 16 – paragraph 4
4. Competent authorities shall, as soon as possible and in any case in accordance with the relevant provisions ofwithin 30 days of receiving a substantiated concern, if not otherwise stated in 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 may allow for additional information to be provided by the person who has submitted the concern.
2023/11/14
Committee: ENVIIMCO
Amendment 778 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
1 a. ‘Green Claims Forum’ is the expert group which the European Commission will establish to ensure a balanced participation of Member States’ representatives and all interested parties implicated in secondary legislation for green claims in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental labelling schemes, environmental protection groups and consumer organisations. The Commission shall consult the Green Claims Forum in the process of evaluating and updating requirements for the substantiation of environmental claims. The Green Claims Forum shall provide opinion on whether existing rules and methods are fit for the purpose of substantiating specific environmental claims, and provide recommendations on the revision or the development of new delegated acts. The Green Claims Forum shall contribute in particular to preparing Delegated Acts with respect to Article 3 (4) and provide recommendations on how to communicate environmental aspects and impacts to consumers.
2023/11/14
Committee: ENVIIMCO
Amendment 819 #
Proposal for a directive
Article 25 – paragraph 1 a (new)
1 a. Environmental labelling schemes existing on the market prior to the date of application of this Directive, can continue to operate while the verification process in accordance with Article 8(5) is concluded.
2023/11/14
Committee: ENVIIMCO