Activities of Anne-Sophie PELLETIER related to 2023/0085(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on substantiation and communication of explicit environmental claims (Green Claims Directive)
Amendments (25)
Amendment 154 #
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Regular revisions of environmental labelling schemes are fundamental to enable their continuous improvement. In line with its objective to increase the level of environmental protection and contribute to accelerating the green transition towards a circular, clean and climate neutral economy in the EU, this Directive ensures that the verification and certification of the substantiation and communication of environmental labelling schemes enable their continuous improvement.
Amendment 255 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
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;
Amendment 264 #
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘environmental performance’ means the measurable performance of a certain product or product group or trader or sector related to the environmental aspects or environmental impacts of that product or product group or the activities of that trader or sector;
Amendment 266 #
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 278 #
Proposal for a directive
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Member States shall ensure that traders that are legally registered in the country carry out an assessment to substantiate explicit environmental claims. This assessment shall:
Amendment 302 #
Proposal for a directive
Article 3 – paragraph 1 – point c
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, when the life- cycle perspective is applicable to substantiate the claim;
Amendment 362 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) include additional relevant 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.
Amendment 397 #
Proposal for a directive
Article 3 – paragraph 4 – point c
Article 3 – paragraph 4 – point c
(c) establishing specific life-cycle- based rulreferencing relevant methodologies on substantiation of explicit environmental claims for certain product groups and sectors.
Amendment 402 #
Proposal for a directive
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
5. When specifying further the requirements for substantiation of explicit environmental claims in accordance with previous paragraph, the Commission shall take into account scientific or other available technical information, including relevant international standards, such as ISEAL Codes of Good Practices and Credibility Principles and where relevant consider the following:
Amendment 482 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point c
Article 5 – paragraph 6 – subparagraph 2 – point c
(c) the underlying studies, including the assessment as 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).
Amendment 512 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that environmental labels that are legally registered in the country 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, a lifecycle approach and product specific requirements, assessed by independent laboratories, 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 515 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Environmental labelling schemes may submit a list of claims that traders may make on the basis of the label for verification. Member States shall ensure that these claims fulfil the requirements referred to in Articles 3 to 6 and are subject to verification in accordance with Article 10.
Amendment 521 #
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 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 525 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2 a. No label system should be used to reward the tobacco industry for its eco- responsible activities or its efforts in favor of the climate or the environment, as this industry is structurally highly polluting and therefore unable to meet the necessary requirements.
Amendment 534 #
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the conditions for joiningaccess to the environmental labelling schemes are proportionate to the size and turnover of the companies in order not to exclude small and medium enterpriseis open under transparent, fair and non-discriminatory terms to all traders willing and able to comply with the schemes’ requirements;
Amendment 543 #
Proposal for a directive
Article 8 – paragraph 2 – point f
Article 8 – paragraph 2 – point f
(f) the environmental labelling scheme sets out transparent procedures for dealing with non- compliance and foresees the withdrawal or suspension of the environmental label in case of persistent and flagrant non- compliance with the requirements of the scheme.
Amendment 546 #
Proposal for a directive
Article 8 – paragraph 2 – point f a (new)
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;
Amendment 547 #
Proposal for a directive
Article 8 – paragraph 2 – point f b (new)
Article 8 – paragraph 2 – point f b (new)
(f b) the environmental labelling scheme has a robust monitoring and evaluation system in place allowing regular assessments of the performances and impacts of its environmental requirements.
Amendment 570 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
Member States shall ensure that environmental labelling schemes established by private operators that are legally registered in the country 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 compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive.
Amendment 601 #
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 implementingdelegated acts to:
Amendment 603 #
Proposal for a directive
Article 8 – paragraph 8 – subparagraph 2
Article 8 – paragraph 8 – subparagraph 2
Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 198.
Amendment 633 #
Proposal for a directive
Article 10 – paragraph 4
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. Environmental claims and environmental labels that are already in use on the Union market may be used without interruption until the verification is completed.
Amendment 650 #
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 Internal Market Information System shall also gather the data collected by competent authorities, and as per Article 5 (6), to assess the conformity and substantiation of the environmental claim, and make them publicly available, in a way to ensure transparency to consumers.
Amendment 673 #
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 . In the event where the information being verified results from the certification of an environmental labeling scheme, this verifier shall be independent from any conformity assessment body involved with that particular trader’s certification. _________________ 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 684 #
(f a) the verifier shall have a complaint and dispute resolution mechanism in place. This mechanism should be publicly accessible and should provide compensation to all consumers harmed by misleading claims;