32 Amendments of Petros KOKKALIS related to 2022/0092(COD)
Amendment 38 #
Proposal for a directive
Recital 4
Recital 4
(4) Environmental claims, in particular climate-related claims, increasingly relate to future performance such as in the form of a transition to carbon or climate neutrality, or a similar objective, by a certain date. Through such claims, traders create the impression that consumers contribute to a low-carbogreen economy by purchasing their products. To ensure the fairness and credibility of such claims, Article 6(2) of Directive 2005/29/EC should be amended to prohibit such claims, following a case- by-case assessment, when they are not supported by clear, objective and verifiable commitments and targets given by the trader. Such claims and understandable supplementary information given by the trader setting out clear objective science-based and verifiable commitments and targets and an implementation plan at the trader level that should include implementing actions, concrete and verifiable interim targets which do not rely on offsets and are consistent with achieving long-term commitment. The implementation plan should have sufficient budget allocated and be based only on existent economically and technically viable technologies. The implementation plan as well as the progress achieved should be made publicly available, included in supplementary information to the claim, and regularly reported upon. Claims related to future environmental performance should also be supported by an independent monitoring system to verify the claim and monitor the progress of the trader with regard to the commitments and targets.
Amendment 45 #
Proposal for a directive
Recital 7
Recital 7
(7) The displaying of sustainability labels or sustainability information tools which are not based on a certificatione or scheme, pre-approved by a national authority or a Union authority, or not established by public authorities should be prohibited by including such practices in the list in Annex I to Directive 2005/29/EC. The certification scheme should fulfil minimum transparency and credibility conditions. The displaying of sustainability labels remains possible without a certification scheme where such labels are established by a public authority, or in case of additional forms of expression and presentation of food in accordance with Article 35 of Regulation (EU) No 1169/2011. This rule complements point 4 of Annex I to Directive 2005/29/EC which prohibits claiming that a trader, the commercial practices of a trader, or a product has been approved, endorsed or authorised by a public or private body when it has not, or making such a claim without complying with the terms of the approval, endorsement or authorisation.
Amendment 53 #
Proposal for a directive
Recital 9
Recital 9
(9) Annex I to Directive 2005/29/EC should also be amended to prohibit making generic environmental claims without recognised excellent environmental performance which is relevant to the claim. Examples of such generic environmental claims are ‘environmentally friendly’, ‘eco-friendly’, ‘eco’, ‘green’, ‘nature’s friend’, ‘ecological’, ‘environmentally correct’, ‘climate friendly’, ‘gentle on the environment’, ‘carbon friendly’, ‘carbon neutral’, ‘carbon offset’, ‘carbon compensated’, ‘carbon positive’, ‘climate neutral’, ‘plastic offset’, ‘energy efficient’, ‘bio degradable’, ‘bio based’ or similar statements, as well as broader statements such as ‘conscious’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever on claims neutrality or offsetting through, for example, purchase of carbon credits, or whenever there is no excellent environmental performance demonstrated or whenever the specification of the claim is not provided in clear and prominent terms on the same medium, such as the same advertising spot, product’s packaging or online selling interface. For example, the claim ‘biodegradable’, referring to a product, would be a generic claim, whilst claiming that ‘the packaging is biodegradable through home composting in one month’ would be a specific claim, which does not fall under this prohibi, and based on methods and communication rules established in Union or national legislation.
Amendment 123 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(oa) ‘offsetting’ means a claim that the acquisition of credits or provision of financial support for environmental projects elsewhere, such as the purchase of carbon credits, compensates for the purchaser's own environmental impact, or that of their goods or services. Offsetting is typically achieved through financial support for projects. This financial support is typically provided through the purchase of carbon credits (for greenhouse gases mitigation projects) or plastic credits (for plastic recovery projects;
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o b (new)
Article 2 – paragraph 1 – point o b (new)
(ob) ‘fossil fuels’ means all fuels formed from hydrocarbon deposits (including, but not limited to, oil, fossil gas, and coal), the burning or combustion of which releases greenhouse gases;
Amendment 125 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o c (new)
Article 2 – paragraph 1 – point o c (new)
(oc) ‘specific environmental claim’ means an explicit environmental claim on a given environmental aspect whereby the specification of the claim is provided in clear and prominent terms on the same medium;
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point o d (new)
Article 2 – paragraph 1 – point o d (new)
(od) ‘pre-approval of sustainability labels or sustainability information tools’ means an ex-ante conformity assessment to be performed by a Union or national authority;
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘certification scheme’ means a third-party verification scheme that is open under transparent, fair and non- discriminatory terms to all traders willing and able to comply with the scheme’s requirements, which certifies that a product complies with certain requiremenare publicly available free of cost, developed in independent processes and reflecting significant improvement compared to baseline legislation and conventional products, and for which the monitoring of compliance is objective, based on international, Union or national standards and procedures andimpartially carried out by a party independent from both the scheme owner and the trader and allowing the fair and transparent processing of complaints from external stakeholders with respect to non -compliance and leading to withdrawal of the label in case of noncompliance;
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point t
Article 2 – paragraph 1 – point t
(t) ‘sustainability information tool’ means software, including a website, part of a website or an application, operated by or on behalf of a trader, which provides information to consumers about environmental or social aspects of products, or which compares products on those aspects. In the case of comparison, this comparison shall be objective by, in particular, comparing products which serve the same function, using a common method and common assumptions, and comparing material and verifiable features of the products being compared;
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2005/29/EC
Article 2 – paragraph 1 – point u
Article 2 – paragraph 1 – point u
(u) ‘recognised excellent environmental performance’ means environmental performance compliant with Regulation (EC) 66/2010 of the European Parliament and of the Council*, with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in accordance with Article 11 of Regulation (EC) 66/2010, or top environmental performance in accordance with other applicable Union law corresponding indicatively to 10-20% of the products available in the Union market in terms of environmental performance; __________ __ * 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 178 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2005/29/EC
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) making an environmental claim related to future environmental performance without clear, objective and verifiable commitments and targets and without and understandable supplementary information setting out clear objective science-based and verifiable commitments and targets complemented by a realistic and funded implementation plan based on economically and technically viable technologies, and without verification by an independent monitoring system;
Amendment 200 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e a
Article 5 – paragraph 1 – point e a
(ea) for all goods, where the producer makes it available, information that the goods benefit from a free commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
Amendment 205 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e b
Article 5 – paragraph 1 – point e b
(eb) for energy-usingall goods, where the producer does not make available the information referred to in point (ea), information that the producer has not provided information on the existence of a free commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after- sales services and commercial guarantees provided in accordance with point (e);
Amendment 209 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e c
Article 5 – paragraph 1 – point e c
(ec) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ea), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;
Amendment 212 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point a
Article 2 – paragraph 1 – point 2 – point a
Directive 2011/83/EU
Article 5 – paragraph 1 – point e d
Article 5 – paragraph 1 – point e d
(ed) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
Amendment 218 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Article 2 – paragraph 1 – point 2 – point b
(j) when point (i) is not applicable, information made available by the producer about the availability of the spare parts, necessary for the repair of the device including the procedure of ordering them, and about the availability of a user and repair manual.;
Amendment 222 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m a
Article 6 – paragraph 1 – point m a
(ma) for all types of goods, where the producer makes it available, information that the goods benefit from a free commercial guarantee of durability and its duration in units of time, where that guarantee covers the entire good and has a duration of more than two years;
Amendment 226 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m b
Article 6 – paragraph 1 – point m b
(mb) for energy-usingall goods, where the producer does not make available information referred to in point (ma), information that the producer has not provided information on the existence of a commercial guarantee of durability of more than two years. This information shall be at least as prominent as any other information about the existence and the conditions of after-sales services and commercial guarantees provided in accordance with point (m);
Amendment 230 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m c
Article 6 – paragraph 1 – point m c
(mc) for goods with digital elements, where the producer makes such information available, the minimum period in units of time during which the producer provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time. Where information about the existence of a commercial guarantee of durability is provided in accordance with point (ma), the information on the updates shall be provided if those updates are supplied for a longer period than the commercial guarantee of durability;
Amendment 234 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d
Article 6 – paragraph 1 – point m d
(md) for digital content and digital services, where their provider is different from the trader and makes such information available, the minimum period in units of time during which the provider provides software updates, unless the contract provides for a continuous supply of the digital content or digital service over a period of time;
Amendment 236 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a
Article 2 – paragraph 1 – point 3 – point a
Directive 2011/83/EU
Article 6 – paragraph 1 – point m d a (new)
Article 6 – paragraph 1 – point m d a (new)
(mda) for all goods, digital content and digital services referred to in points (ma), (mb), (mc) and (md), the consumer shall have the opportunity to proactively, before the finalisation of the purchase, through an online form confirm being aware of the availability, or absence thereof, of commercial guarantees and software updates;
Amendment 248 #
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a
Annex I – point 2 a
2a. Displaying a sustainability label or a sustainability information tool which is not based on a certification scheme pre- approved by a national authority or Union authority or not established by public authorities.;
Amendment 252 #
Proposal for a directive
Annex I – paragraph 1 – point 1
Annex I – paragraph 1 – point 1
Directive 2005/29/EC
Annex I – point 2 a a (new)
Annex I – point 2 a a (new)
2aa. Displaying a sustainability label based on different levels of performance, when the existing classes are not clearly provided in the same graphic representation to allow for clear comparison.
Amendment 258 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b
Annex I – point 4 b
4b. Making an environmental claim about the entire product or the traders business when it actually concerns only a certain aspect of the product or the traders business.;
Amendment 262 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b a (new)
Annex I – point 4 b a (new)
4ba. Claiming that a good, business or a service has a neutral, reduced, compensated, positive (or similar) environmental impact based on offsetting.
Amendment 266 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b b (new)
Annex I – point 4 b b (new)
4bb. Making an environmental claim with the effect of promoting fossil fuel products, fossil fuel transportation (save services of general economic interest) or highly polluting industries.
Amendment 268 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b c (new)
Annex I – point 4 b c (new)
4bc. Making an environmental claim on the content of the product based on an accounting method that allows for the free allocation of inputs to final outputs, without telling consumers that only a residual amount of the input in question was actually fed into the production process of the final product offered for sale.
Amendment 271 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
Directive 2005/29/EC
Annex I – point 4 b d (new)
Annex I – point 4 b d (new)
4bd. Making a specific environmental claim without using a relevant assessment method and communication rules both established in accordance with Union or national law.
Amendment 281 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e
Annex I – point 23 e
23e. Omitting to inform the consumer about the existence of a feature of a good introduced toMarketing a product with a feature which foreseeably limits its durabilitylifetime.
Amendment 286 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e a (new)
Annex I – point 23 e a (new)
23ea. Omitting to inform that the seller will refuse to perform a repair on a product that has previously been repaired by an independent professional or non- professionals and users.
Amendment 288 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 e b (new)
Annex I – point 23 e b (new)
23eb. Omitting to inform the consumer about a design or feature which will limit repair by end users or independent professionals.
Amendment 306 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 i a (new)
Annex I – point 23 i a (new)
23ia. Engaging in practices that foreseeably lead to shortening a product’s lifespan.