17 Amendments of Marian-Jean MARINESCU related to 2023/0085(COD)
Amendment 91 #
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, the intellectual property rights, trade secrets and private business information of the trader, 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 trader. 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 213 #
Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
Article 1 – paragraph 2 – point o a (new)
(o a) Directive 2018/2001 of the European Parliament and of the Council.
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 2 – point o b (new)
Article 1 – paragraph 2 – point o b (new)
Amendment 258 #
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 and is divided in two phases: a. "phase 1": raw material acquisition or generation from natural resources, pre- processing, manufacturing, storage, and distribution,; b. "phase 2": installation, use, maintenance, repair, upgrading, refurbishment as well as, re-use, and end-of-life;.
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) rely on widely peer- reviewed recognised scientific evidence, use accurate information and take into account relevant international standards;
Amendment 331 #
Proposal for a directive
Article 3 – paragraph 1 – point g
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 relevant and scientifically and fact proven 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 333 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) identify whether improving environmental impacts, environmental aspects or environmental performance subject to the claim leads to significant scientifically and fact proven 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 352 #
Proposal for a directive
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 373 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Where it is demonstrated that significant environmental impacts that are not subject to the claim exist but there is no widely recognised scientific evidence or method to perform the assessment referred to in point (c) of paragraph 1, the trader making the claim on another aspect shall take account of available information and, if necessary, update the assessment in accordance with paragraph 1 once widely recognised scientific evidence is availableor methods are available. When a product or service is certified with an environmental labelling scheme, compliant under Article 7 of this Directive, this product comply with paragraph 1 if the claim is based on specific requirements on that label.
Amendment 436 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that a trader is required to communicate an explicit environmental claim in accordance with the requirements set out in this Article. Information regarding trade secrets and intelectual property as defined by directive (UE) 2016/943 of the European Parliament and of the Council are protected under the EU legislation and do not have to be disclosed.
Amendment 467 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 1
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 unless the claim is based on environmental labelling schemes.
Amendment 536 #
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 expertsa body of experts in the field with proven relevant scientific experience that can ensure their scientific robustness and have been submitted for consultation to a heterogeneous group of stakeholders representing Member States with GDPs ranging from above to below EUs GDPs average that has reviewed them and ensured their relevance from a societal and economical perspective;
Amendment 609 #
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 5 years from the date when the information referred to in Article 5(6) is provided. In the review,. If these circumstances change the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with no later than 5 years from the date when the information referred to in Article 5(6).
Amendment 682 #
Proposal for a directive
Article 11 – paragraph 3 – point e
Article 11 – paragraph 3 – point e
(e) the verifier shall have a sufficient number of suitably qualified andpersonnel experienced personnelin life-cycle assessments and with proven knowledge of the traders’ activities responsible for carrying out the verification tasks;
Amendment 772 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
For the purposes of point (a), Member States shall ensure that when penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394115 , the maximum amount of such fines being at least at 43 % of the trader’s annual turnover in the Member State or Member States concerned. The national authorities shall take all necessary measures to ensure that the penalties are enforced. The penalties provided for must be proportionate and dissuasive as defined in the Directive 2005/29 of the European Parliament and of the Council. _________________ 115 OJ L 345, 27.12.2017, p. 1.
Amendment 813 #
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 = 2430 months after the date of entry into force of this Directive].