113 Amendments of Arba KOKALARI related to 2023/0085(COD)
Amendment 60 #
Proposal for a directive
Recital 6
Recital 6
(6) A regulatory framework for environmental claims is one of the actions proposed by the Commission to implement the European Green Deal69 , which recognises that reliable, comparable and verifiable information plays an important part in enabling buyers to make more sustainable decisions and reduces the risk of ‘greenwashing’, and includes commitments to step up regulatory and non-regulatory efforts to tackle false environmental claims. Together with other applicable Union regulatory frameworks, including the proposal for a Directive on empowering consumers for the green transition70 , amending Directive 2005/29/EC of the European Parliament and of the Council71 that this proposal aims at complementing as lex specialis, they establish a clear regime for environmental claims, including environmental labels. _________________ 69 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: The European Green Deal, COM/2019/640 final 70 Proposal for a Directive of the European Parliament and of the Council amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and better information, COM(2022) 143 final 71 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).
Amendment 63 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) This directive should not apply to national or regional EN ISO 14024 Type I ecolabelling schemes officially recognised in the Member States or to environmental labelling schemes as laid down in Regulation (EC) No 66/2010 and as recognised in the Directive EU (.../...) on Empowering Consumers for the Green Transition as a tool to show excellent environmental performance.
Amendment 71 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) Recognizing the importance of precision and transparency in environmental claims. Member states should provide practical guidance for the interpretation of the definitions in this Directive. Claims that do not directly and primarily address the environmental impact of a product should not be categorised as explicit environmental claims. Claims solely related to product features should be distinguished from those that genuinely convey environmental benefits, ensuring that consumers are not misinformed and the integrity of environmental marketing remains intact.
Amendment 77 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) It should be possible for traders to base their environmental claims on an environmental labelling schemes without further documentation or control, when the claim is based on specific requirements in the criteria and the trader has been certified to display or use such an environmental labelling scheme. Since the environmental labelling scheme will ensure independent third-party control already, there is no need for additional control of that specific green claims.
Amendment 86 #
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 if improvements on environmental impacts or environmental aspects 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 92 #
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 right and sensitive 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 99 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) Directive (EU … /…) on Empowering Consumers for the Green Transition prohibits claims, based on greenhouse gas emissions offsetting, that a product, either a good or service, has a neutral, reduced, or positive impact on the environment in terms of greenhouse gas emissions. Such claims are prohibited in all circumstances and have been added to Annex I of Directive 2005/29/EC. This Directive does not put into question this prohibition and instead focuses primarily on the substantiation, communication and verification of claims that are permitted under Union law. Furthermore, this Directive should not impose any new prohibitions of claims that are based on greenhouse gas emissions offsetting. The prohibitions included in Directive (EU … /…) on Empowering Consumers for the Green Transition should be adequately implemented by Member States in a coherent manner without any new or overlapping legislative requirements that may hamper effective implementation.
Amendment 110 #
Proposal for a directive
Recital 29 a (new)
Recital 29 a (new)
(29 a) It is imperative to acknowledge the unique challenges faced by micro, small and medium-sized enterprises (SMEs) in terms of resources and capabilities, especially in comparison to larger corporations. Therefore, it is essential for Member States when implementing this proposal to strike a balance between ensuring the substantiation of environmental claims while also establishing streamlined, accessible procedures and easier access to certification for businesses of all sizes.
Amendment 117 #
Proposal for a directive
Recital 31
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” 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 and carbon removals to align them and make them interoperable with the Carbon Removal Certification Framework and its related delegated acts.
Amendment 122 #
Proposal for a directive
Recital 32
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, 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.
Amendment 143 #
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, or other internationally recognized and widely accepted environmental labelling schemes, including the delegated acts that the Commission is empowered to adopt under this Directive, resulting inwhich would, once adopted, allow for Union-wide harmonised schemes for all products or per specific product group based on a single methodology to ensure coherence and comparability.
Amendment 149 #
Proposal for a directive
Recital 46
Recital 46
(46) Environmental labelling schemes established by private operators, if too many and overlapping in terms of scope, may create confusion in consumers or undermine their trust in environmental labels. Therefore, Member States should only allow that new environmental labelling schemes are established by private operators provided that they offer significant added value as compared to the existing national or regional schemes in terms of environmental ambition of the criteria to award the label, coverage of relevant environmental impacts, and completeness of the underlying assessment. Member States should set up a procedure for the approval of new environmental labelling schemes based on a certificate of conformity drawn up by the independent verifier. This should apply to schemes established in the Union and outside of the Union.
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive applies to voluntary explicit environmental claims made by traders about products or tradernd environmental labelling schemes in business-to- consumer commercial practices as defined in Directive 2005/29/EC.
Amendment 190 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive applies to explicit environmental claims made by traders about products or traders in business-to- consumer commercial practices as defined in Article 2 d) of Directive 2005/29/EC.
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1 a. This Directive does not apply to explicit environmental claims made by traders about products or traders in business-to-business commercial practices.
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) Regulation (EC) No 66/2010 of the European Parliament and of the Council95 , and with national or regional EN ISO 14024 Type I ecolabelling schemes officially recognised in the Member States. _________________ 95 Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).
Amendment 203 #
Proposal for a directive
Article 1 – paragraph 2 – point k
Article 1 – paragraph 2 – point k
(k) Directive 94/62/EC of the European Parliament and of the Council105 ; _________________ 105 Directive 94/62/ECRegulation [EU]…/… of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10), amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC.
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 2 – point o
Article 1 – paragraph 2 – point o
(o) Directive 2013/34/EU of the European Parliament and of the Council109 , Regulation (EU) 2019/2088 of the European Parliament and of the Council and other Union, national or international rules, standards or guidelines for financial services, financial instruments, and financial products; _________________ 109 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 2 – point o a (new)
Article 1 – paragraph 2 – point o a (new)
(o a) Commission Delegated Regulation supplementing Directive 2013/34/EU as regards sustainability reporting standards (ESG Reporting Standards)
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
Amendment 235 #
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in an environmental labelwhere the specification of the claim is provided in clear and prominent terms on the same medium or through digital means and not contained in an environmental label, which is open to a verification based on its specification;
Amendment 246 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3 a) 'private operator' means any entity engaged in economic activities within the Union and any non-profit organisation or institution distinct from public sector bodies.
Amendment 249 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 263 #
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 265 #
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) ‘environmental impact’ means any measurable change to the environment, whether positive or negative, that wholly or partially results from a trader’s or sector’s activities or from a product or product group during its life cycle.
Amendment 267 #
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19 a) ‘widely recognised scientific approach’ means evidence based on an international or European standard or on a scientifically valid reasoning or methodology which has been either subject to peer review and publication or has received widespread acceptance within a relevant scientific community.
Amendment 273 #
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. This assessmente assessment for explicit environmental claims related to environmental impacts, environmental aspects or environmental performance shall:
Amendment 285 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) rely on widely recognised scientific evidence, use accurate information and take into account relevant international standards;or Union, national or international standards the references of which have been included in the database in accordance with Article 10(9a),
Amendment 301 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) for claims regarding the environmental impact of a product along the life-cycle demonstrate that environmental impacts, environmental aspects or environmental performance that are subject to the claim are significant from a life- cycle perspective;
Amendment 305 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 310 #
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 which are significant to assessing the environmental performance or from a life-cycle perspective as defined in ISO 14001 ;
Amendment 314 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 318 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 320 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 327 #
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 environmental impacts on climate change, resource consumption and circularity, sustainable use and protection of water and marine resources, pollution, biodiversity, animal welfare and ecosystems;cross-media effects taking into account the environment as a whole.
Amendment 367 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) include relevant secondary information, that is relevant and commonly available on the market at a reasonable costs, 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 372 #
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 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 available. When a product or service is certified with an environmental labelling scheme, compliant under Article 7 of this Directive, the trader can assume compliance with paragraph 1 if the claim is based on specific requirements in that label. In accordance with Directive EU (.../...) Empowering consumer for the green transition, when a product or service is certified with a certification scheme for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader, the trader can assume compliance with paragraph 1 if the claim is based on specific requirements of that scheme.
Amendment 380 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The requirements set out in paragraphs 1 and 2 shall not apply to traders that are micro, small and medium- sized enterprises (SMEs) 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).
Amendment 388 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. The European Commission shall develop and made publicly available guidelines on how to interpret the criteria outlined in paragraphs 1 and 2, however no later than 36 months after the entry into force of this Directive.
Amendment 390 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
Article 3 – paragraph 3 b (new)
3 b. In the process of developing guidelines, the Commission shall consult Member States' representatives and relevant interested parties involved in the development of secondary legislation on explicit environmental claims, including micro, small and medium-sized enterprises (SMEs) within the meaning of Commission Recommendation 2003/361/EC .
Amendment 405 #
Proposal for a directive
Article 3 – paragraph 5 – point a a (new)
Article 3 – paragraph 5 – point a a (new)
(a a) the work already done in the context of PEFCRs;
Amendment 409 #
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(d a) the views of relevant stakeholders, such as industry, including SMEs, standardisation organisations, Eco-labels, trade unions and associations, traders, retailers, importers, environmental protection organisations, consumer organisations, researchers and other experts.
Amendment 419 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) the coverage of the stages along the value chain is equivalent for thereasonably relevant products and traders compared and ensures that the most significant stages are taken into account for all products and traders;
Amendment 422 #
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) the coverage of environmental impacts, environmental aspects or environmental performances is equivalent for the products and traders compared and ensures that the most significant product specific environmental impacts, environmental aspects or environmental performances are taken into account for all products and traders;
Amendment 425 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. By way of derogation from paragraph 1, comparative environmental claims concerning traders subject to different environmental labelling schemes shall include details concerning the methodology of comparison and the characteristics of the respective schemes.
Amendment 427 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. An explicit environmental claim is presumed to be in conformity with Articles 3 and 5 when it is based on specific requirements in a certified environmental labelling scheme and can therefore be communicated without further documentation or verification.
Amendment 428 #
2 b. In cases where local conditions, the availability of verifications methods, data sources, or the geographical variation in environmental impact of certain measures present significant complications for traders in complying with the requirements of Article 4 (1), exemptions may be granted subject to the condition that traders engage an independent third-party verification entity recognized by the relevant regulatory authority. This entity shall assess the alternative measures proposed by the trader to address local complications and confirm their accuracy, fairness and transparency.
Amendment 430 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The requirements laid down in this Article shall not apply to traders that are micro, small and medium-sized enterprises (SMEs) 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).
Amendment 435 #
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. Member States shall ensure that the disclosure of the required data and information does not interfere with a company’s intellectual property or reveal confidential or sensitive business information in accordance with Directive (EU) 2016/943.
Amendment 445 #
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 phase is among the most relevant life- cycle stages of that product, the claim shall include if applicable information on how the consumer should use the product in order to achieve the expected environmental performance of that product. That information shall be made available together with the claim.
Amendment 446 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
Amendment 451 #
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 be science-based, include a time-bound commitment for improvements inside own operations and value chains and communicated to the consumer in a transparent manner.
Amendment 459 #
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 on the basis of rules to calculate such aggregated indicator that are established in the Union law and in line with international or European standards.
Amendment 468 #
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, through a digital product passport or equivalent.
Amendment 473 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – introductory part
Article 5 – paragraph 6 – subparagraph 2 – introductory part
That information shall include at least the followingconsist of:
Amendment 478 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point c
Article 5 – paragraph 6 – subparagraph 2 – point c
Amendment 484 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point d
Article 5 – paragraph 6 – subparagraph 2 – point d
Amendment 497 #
(g) a summary of the assessment including the elements listed in this paragraph that is clear and understandable to the consumers targeted by the claim and that is provided in at least one of the official languages of the Member State where the claim is made and shall not include information that is confidential and qualifies as a trade secret in line with Article 2(1) of Directive (EU) 2016/943.
Amendment 502 #
Proposal for a directive
Article 5 – paragraph 7
Article 5 – paragraph 7
7. The requirements set out in paragraphs 2, 3 and 6 shall not apply to traders that are micro, small and medium- sized enterprises (SMEs) 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.
Amendment 511 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that environmental labels fulfil the requirements set out in Articles 3 to 6 and are subject to verification in accordance with Article 10. If an environmental label demonstrates that its methodology is based on the use of scientific and reproducible assessment methods, only the general methodology of the label should be subject to verification according to Article 10(2), but not the requirements and related testing for each individual product or service group covered by the label.
Amendment 518 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Only environmental labels awarded under environmental labelling schemes established under Union lawadopting a scientific and reproducible method, performed by independent organisations complying with the requirements of the first paragraph of this Article and environmental labels owned by private operators that have received verification in accordance with Article 10 of the Directive of their rating or scoring methodology 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 524 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. Aggregated scores which are not only or not predominantly addressing environmental aspects or impacts but also include other dimensions in the weighing criteria, such as price, quality or durability, are allowed provided that they fulfil the requirements of the first paragraph of this Article with regards to the environmental component of the label.
Amendment 539 #
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 consultation to a heterogeneous group of stakeholders that has reviewstakeholders that apply or are impacted by the labelling scheme or the stakeholders’ representatives that have assessed them, and ensuredconcurred with their relevance from a societal perspective;
Amendment 548 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 549 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 553 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 1
Article 8 – paragraph 3 – subparagraph 1
Amendment 557 #
Proposal for a directive
Article 8 – paragraph 3 – subparagraph 2
Article 8 – paragraph 3 – subparagraph 2
Amendment 567 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure thatould set up a procedure for the approval of new environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approved 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 comparbased on a certificate of conformity drawn up by the independent verifier. This should apply to schemes established toin the existing Union, national or regional schemes referred to in paragraph 3,Union and outside of the Union. and meet the requirements of this Directive.
Amendment 588 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point d a (new)
Article 8 – paragraph 6 – subparagraph 1 – point d a (new)
(d a) a proposal for draft criteria and the methodology used to develop a rating or scoring system and its added value for consumers;
Amendment 589 #
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 recognised environmental labels, including national or regional EN ISO 14024 Type I environmental labels officially recognised in the Member States and environmental labels as laid down in Regulation (EC) No 66/2010, 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 5and comply with this Directive.
Amendment 598 #
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 implementing12 months after the date of transposition of this Directive delegated acts to:
Amendment 604 #
Proposal for a directive
Article 9
Article 9
Amendment 605 #
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 affectsignificantly change 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. The requirements for an environmental labelling scheme shall be reviewed no later than every 5 years. However, this does not mean that traders have to resubmit all documentation if the requirements have not been changed. 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 611 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The trader shall not be obliged to review the substantiation nor reapply for certification in case of small changes, for instance spelling mistakes, to the text of the claim without major impact on the nature of the claim.
Amendment 614 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall set up procedures for verifying the substantiation and communication of explicit environmental claims made after the entry into force of this Directive against the requirements set out in Articles 3 to 7.
Amendment 620 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The verification and certification requirements shall apply to traders that are micro, small and medium-sized enterprises (SMEs) within the meaning of Commission Recommendation 2003/361/EC only if they so request.
Amendment 626 #
Proposal for a directive
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
3 a. When setting up the procedures referred to in paragraphs 1 and 2, Member States shall ensure that the cost of verification and certification shall be proportionate to the complexity of the substantiation of the claim, and the size and turnover of traders requesting verification and certification (special focus on SMEs and micro enterprises);
Amendment 629 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. The verification of environmental labelling schemes shall be undertaken 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. The verification of explicit environmental claims shall fulfil the requirements set out in Article 12a, in accordance with the procedures referred to in paragraphs 1, before the environmental claim is made public or the environmental label is displayed by a trader.
Amendment 645 #
Proposal for a directive
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. When setting up the procedures referred to in paragraphs 1 and 2, Member States shall ensure that the cost of verification and certification shall be proportionate to the complexity of the substantiation of the claim, and the size and turnover of traders requesting verification and certification, special focus on micro enterprises and SMEs.
Amendment 652 #
Proposal for a directive
Article 10 – paragraph 7
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. The certificates of conformity shall be made publicly available in a searchable database clearly identifying the trader, the type of claim, the assessment methodology and the sector.
Amendment 654 #
Proposal for a directive
Article 10 – paragraph 7
Article 10 – paragraph 7
7. The certificate of conformity shall be recognised by thall Member States and their respective 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.
Amendment 655 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The certificate of conformity shall not prejudgebe taken into account, along with other relevant factors, in the assessment of the environmental claim by national authorities or courts in accordance with Directive 2005/29/EC. The certificate of conformity shall be considered as a way of compliance for the national courts to consider when assessing an explicit environmental claim.
Amendment 658 #
Proposal for a directive
Article 10 – paragraph 8 a (new)
Article 10 – paragraph 8 a (new)
8 a. For environmental labelling schemes, the certificate of conformity covers the use of these labels by traders, which are certified to comply with the requirements for such schemes. Those certified traders will not be subject to any further verification.
Amendment 659 #
Proposal for a directive
Article 10 – paragraph 8 b (new)
Article 10 – paragraph 8 b (new)
8 b. Member States shall set up procedures to prioritise the verification of existing environmental claims made before the entry into force of this Directive and introduce a transition period during which existing claims, submitted for verification, can continue to be used. Products bearing environmental claims or environmental labels that were made or displayed before the entry into force of the Directive can continue to be marketed until the environmental claim or environmental label has been verified by the trader.
Amendment 662 #
Proposal for a directive
Article 10 – paragraph 9 a (new)
Article 10 – paragraph 9 a (new)
9 a. To facilitate the correct application of the Directive, following the regular monitoring referred to in Article 20, the Commission shall identify the most common explicit environmental claims present on the market and issue guidance on how to substantiate and communicate those claims. By 2025, the Commission assisted by the technical committee referred to in Article 19 shall develop and issue guidance on the scientific methods and standards that can be accepted to carry out the assessment for environmental footprint claims according to Article 3(1) point (b). By 2026, the Commission shall establish a database of recognised methodologies according to Article 3(1) point (b).
Amendment 668 #
Proposal for a directive
Article 10 – paragraph 9 b (new)
Article 10 – paragraph 9 b (new)
9 b. By 12 months after the official publication of this Directive, the Commission shall adopt delegated acts to set out details regarding the documents to be provided for the verification of substantiation methods.
Amendment 672 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The verifier shall be a third-party conformity assessment body accredited in accordance with Regulation (EC) No 765/2008113 or an accredited or certified environmental verifier as defined in Art. 2 No. 20 of Regulation (EC) No. 1221/2009. Environmental verifiers are limited to verifying environmental claims of organisations in sectors covered by their scope of accreditation. _________________ 113 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 678 #
Proposal for a directive
Article 11 – paragraph 3 – point b
Article 11 – paragraph 3 – point b
(b) the verifier, its top-level management and the personnel responsible for carrying out thedirectly involved in verification tasks shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to the verification activities;
Amendment 679 #
Proposal for a directive
Article 11 – paragraph 3 – point c
Article 11 – paragraph 3 – point c
(c) the verifier and its personnel shallcation activities should be carryied out the verification activities with the highest degree of professional integrity and the requisite technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their verification activities,
Amendment 681 #
Proposal for a directive
Article 11 – paragraph 3 – point d
Article 11 – paragraph 3 – point d
(d) the verifier shall have the expertise, equipment andcapabilities and (digital) infrastructure required to perform the verification activities in relation to which it has been accredited;
Amendment 683 #
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 and experienced personnel responsible for carrying out the verification tasksensure they possess adequate resources, including human and/or technical capabilities, to effectively fulfil the verification tasks, demonstrating readiness and capacity for the role;
Amendment 685 #
Proposal for a directive
Article 11 – paragraph 3 – point g
Article 11 – paragraph 3 – point g
(g) where a verifier subcontracts specific tasks connected with verification or has recourse to a subsidiary, it shall take full responsibility for the tasks performed by subcontractors or subsidiaries and shall assess and monitor the qualifications of the subcontractor or the subsidiary and the work carried out by them. Requirements of paragraph 3, points (a) to (f) shall apply also to subcontractors and subsidiaries.
Amendment 687 #
Proposal for a directive
Article 11 – paragraph 3 – point g a (new)
Article 11 – paragraph 3 – point g a (new)
(g a) the verifier shall have a complaint and dispute resolution mechanism in place;
Amendment 688 #
Proposal for a directive
Article 11 – paragraph 3 – point g b (new)
Article 11 – paragraph 3 – point g b (new)
(g b) the verifier who grants the certificate of conformity shall be responsible for the accuracy of the certificate and be held accountable if an investigation finds that it has been negligent in its assessment.
Amendment 690 #
Proposal for a directive
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3 a. Member States shall ensure that measures adopted in accordance with this Directive are without prejudice to the protection of sensitive information and business secrets foreseen in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016.
Amendment 697 #
Proposal for a directive
Article 11 b (new)
Article 11 b (new)
Article11b Presumption of conformity with the verification and certification requirement 1. For the purpose of this Directive, an explicit environmental claim shall be presumed to be in conformity with the substantiation requirement laid down in Article 3 of this Directive if it conforms to European standards, the references of which have been included in Annex I to this Directive. 2. The Commission may amend Annex I by adopting delegated acts determining standards and methodologies which cover certain environmental aspects, environmental performance or environmental impacts to ensure that explicit environmental claims which conform to those satisfy the substantiation requirement laid down in Article 3. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 18. 3. Explicit environmental claims in conformity with this Article are exempted from the preverification requirement laid down in Article 10. 4. However, the presumption of conformity with the general safety requirement under paragraph 1 shall not prevent market surveillance authorities from taking all appropriate measures under this Directive where there is evidence that, despite such presumption, the product is dangerous.
Amendment 713 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article12a Presumption of conformity with substantiation requirement 1. For the purpose of this Directive, an explicit environmental claim shall be presumed to be in conformity with the substantiation requirement laid down in Article 3 of this Directive if it conforms to relevant standards or methodologies or parts thereof as far as the environmental aspect, the environmental performance or environmental impact covered by those standards are concerned, the references of which have been included in the database of recognised methodologies as set out in Article 10(9a). Explicit environmental claims in conformity with this Article are exempted from the pre-verification requirement laid down in Article 10. 2. The Commission may amend the database as set out in Article 10(9a) to include new standards and methodologies, which cover certain environmental aspects, environmental performance or environmental impacts to ensure that explicit environmental claims, which conform to those, satisfy the substantiation requirement laid down in Article 3. 3. Member States shall ensure that a trader communicating an explicit environmental claim in accordance with this Article shall draw up substantiation documentation outlining the conformity of the explicit environmental claim with this Article. 4. Member States shall ensure that the substantiation documentation referred to in paragraph 3 is up to date. Traders shall keep that documentation at the disposal of the market surveillance authorities for a period of 2 years after the product has been placed on the market and make that documentation available to those authorities upon reasoned request. 5. Member States shall ensure that traders put procedures in place for products produced in series and bearing the explicit environmental claim to remain in conformity with the substantiation requirement laid down in Article 3.
Amendment 727 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non- compliance and require that trader to take all appropriate corrective action within 30 dmeasures without undue delays to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.
Amendment 730 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. Competent authorities shall immediately notify the competent authorities in other Member States with relevant information of the result of the checks and of the evaluation to enable them to establish a coordinated mechanism whereby the results of the evaluation pursuant Article 15(3) can be addressed throughout the whole Union.
Amendment 733 #
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 and fulfilling the conditions under Article 4(3) of Directive 2020/1828 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.
Amendment 736 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
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 lawduly mandated by persons affected by the claims shall be deemed to have sufficient interest.
Amendment 740 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
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, or the verifier, with a view to verify those complaints. If confirmed and is attributed to the trader, the competent authorities shall take the necessary actions in accordance with Article 15.
Amendment 745 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC40114 , Member States, in close coordination, shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. _________________ 114 Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28).
Amendment 764 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 773 #
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 whenproportionate 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.
Amendment 782 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all relevant interested parties involved in the development of secondary legislation on explicit environmental claims, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups, Eco- labels and consumer organisations. These parties shall contribute, in particular, to preparing the Delegated Acts referred to in Article 3 (4).
Amendment 792 #
Proposal for a directive
Article 21 – paragraph 3 – point b
Article 21 – paragraph 3 – point b
Amendment 800 #
Proposal for a directive
Article 21 – paragraph 3 – point c
Article 21 – paragraph 3 – point c
(c) further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or impacts such as durability, reusability, reparability, recyclability, recycled content, use of natural content, including fibers, environmental performance, renewability or sustainability, bio-based elements, biodegradability, biodiversity, waste prevention and reduction.
Amendment 802 #
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
3 a. As part of the evaluation and review referred to in paragraph 1, and to ensure a level playing field among traders, the European Commission shall undertake an impact assessment of the measures established for micro, small and medium enterprises in Articles 4, 5, 10 and 12, and consider their review after the Directive is implemented.
Amendment 805 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
Member States shall adopt and publish by [OP please insert the date = 1824 months after the date of entry into force of this Directive] the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission.
Amendment 809 #
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 = 2436 months after the date of entry into force of this Directive] to products, informational and packaging material placed on the market after this date.
Amendment 811 #
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].
Amendment 820 #
Proposal for a directive
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1 a. Products bearing environmental claims or environmental labels that were made or displayed before the application date of the Directive can continue to be marketed until the environmental claim or environmental label has been verified by the trader.