Activities of Petros KOKKALIS 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 (24)
Amendment 74 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure that consumers are provided with reliable, comparable and verifiable information which enables them to make more environmentally sustainable decisions and to reduce the risk of ‘greenwashing, it is necessary to establish requirements for substantiation of explicit environmental claims. SuchThe substantiation should take into account internationalbe based on widely recognised scientific approaches to identifying and measuring environmental impacts, environmental aspects and environmental performance of products or traders, and it should result in reliable, transparent, comparable and verifiable information to the consumerevidence understood as that based on sound methodologies, approaches or studies that (i) have been developed in line with best practices in terms of transparency, stakeholder consultation, involvement of scientific community, industry and civil society; and (ii) have been independently peer reviewed by qualified experts in the field and published in internationally recognised scientific literature.
Amendment 96 #
Proposal for a directive
Recital 21
Recital 21
(21) Climate-related claims have been shown to be particularly prone to being unclear and ambiguous and to mislead consumers. This relates notably to environmental claims that products or entities are “climate neutral”, “carbon neutral”, “100% CO2 compensated”, or will be “net-zero” by a given year, or similar. Such statements are often based on “offsetting” of greenhouse gas emissions through “carbon credits” generated outside the company’s value chain, for examplethrough emission reduction or emission avoidance projects (e.g., from forestry or renewable energy projects, REDD+ forestry projects, etc), which should not be used to substantiate net zero claims. The methodologies underpinning such offsetting carbon credits vary widely and are not always transparent, accurate, or consistent. This leads to significant risks of overestimations and double counting of avoided or reduced emissions, due to a lack of additionality, permanence, ambitious and dynamic crediting baselines that depart from business as usual, and accurate accounting. These factors result in offsetting credits of low environmental integrity and credibility that mislead consumers when they are relied upon in explicit environmental claims. OSuch offsetting can also deter traders from emissions reductions in their own operations and value chains. In order to adequately contribute to global climate change mitigation targets, traders should prioritise effective reductions of emissions across their own operations and value chains instead of relying on such offsetsting. Any resulting residual emissions will vary by sector-specific pathway in line with the global climate targets and will have to be addressed through removals enhancementsbalanced through high- durability carbon removals. Such balancing should not be considered as offsetting. Moreover, claiming to balance fossil emissions with carbon removal storing carbon into the biosphere (terrestrial and maritime biogenic carbon sinks such as soils, forests, and blue carbon), without respecting the like-for- like principle, should be prohibited, because the biosphere has a finite capacity to store additional carbon and it is exposed to the timescales and reversal risks of the short carbon cycle. When offsets areting is used nonetheless, it is deemed appropriate to address climate-related claims, including claims on future environmental performance, based on offsetsting in a transparent and rigorous manner. Therefore, the substantiation of climate-related claims should consider any greenhouse gas emissions offsetting credits used by the traders separately from the trader’s or the product’s greenhouse gas emissions. In addition, this information should also specify the share of total emissions that are addressed through offsetting, whether these offsets relate to emission reductions or removals enhancementbalanced with carbon removal credits, making sure these relate to carbon removals respecting the like-for- like principle, and the methodology applied. The climate-related claims that include the use of offsetsting have to be substantiated in a transparent manner by methodologies that ensure the integrity and correct accounting of these offsetting credits and thus reflect coherently and transparently the resulting impact on the climate, such as the methodologies to be developed under the Carbon Removal Certification Framework.
Amendment 104 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
Amendment 115 #
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 mayshould be empowered to 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 offsetsting, “climate neutrality” or similar,, “carbon neutrality”, “net zero” or similar, as well as claims about 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 maywill be necessary to adopt such supplementary acts in order to operationalise the provisions on substantiation of claims based on offsets carbon removals to align them and make them interoperable with the Carbon Removal Certification Framework and its related delegated acts.
Amendment 121 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31 a) Primary information should be included for environmental aspects that contribute significantly to the environmental performance of a product or trader, in particular, product composition, processes, materials and energy used in the production, emissions from the processes, impacts on biotic resources, the use of the product, its durability, and reparability, and end of life aspects.
Amendment 127 #
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. Similarly, it should be acknowledged that, for some product groups, the PEF methodology is not suitable to provide a holistic environmental assessment. 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 169 #
Proposal for a directive
Recital 54
Recital 54
(54) Small and medium-sized enterprises (SMEs) should be able to benefit from the opportunities provided by the market for more sustainable products but they could face proportionately higher costs and difficulties with some of the requirements on substantiation and verification of explicit environmental claims. The Member States should provide adequate information and raise awareness of the ways to comply with the requirements of this Directive, ensure targeted and specialised training, and provide specific assistance and support, including financial, to SMEs wishing to make explicit environmental claims on their products or as regards their activities. Member States actions should be taken in respectdevelop a tool that facilitates the substantiation of apexplicable State aid ruleit environmental claims.
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 2 – point m
Article 1 – paragraph 2 – point m
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. By [enter one year after entry into force of this Directive] the Commission shall adopt a Delegated Act including the list of all environmental claims which are either fully excluded from the scope or for which only specific articles will apply, clarifying the scope of exemptions in article 1.2. The list should be updated as needed, when new legislation is adopted or when legislations covered in 1.2 are revised.
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘net zero claim’ or ‘climate neutral claim’ means any message or representation, which is not mandatory under Union law or national law, which states or implies that a trader has or is committed to balancing their residual emissions with certified carbon credits shown to be retired from high-durability carbon removals, respecting the like-for- like principle and timescale of carbon storage;
Amendment 243 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2 b) ‘like-for-like principle’ means compensating for fossil GHG emissions only by returning carbon dioxide to the geosphere, and for biogenic emissions only by returning carbon dioxide to the biosphere, in order to sustainably balance the planet’s carbon flows and cycles in pursuit for a durable net zero;
Amendment 289 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) rely on widely recognised and independent scientific evidence, use accurate information and take into account relevant international standards;peer reviewed by qualified experts in the field, and use complete, accurate and up-to-date information
Amendment 344 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) separate any greenhouse gas emissions offsets used from greenhouse gas emissionfrom carbon credits as additional environmental information, specify whether those offsecredits relate to emission avoidance, reductions or removals, and describe how the offsecarbon credits relied upon are of high integrity and accounted for correctly to reflect the claimed impact on climate;
Amendment 348 #
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(h a) ensure that, for net zero or climate neutrality claims, only residual emissions are balanced with carbon removal credits certified under Carbon Removal Certification Framework, respecting the like-for-like principle, by indicating the share of residual emissions within total emissions, the share of biogenic and fossil emissions within these residual emissions; and the quantity and storage medium (geochemical or biological) of the certified carbon removal credits that have been retired to balance the residual emissions; provide the relevant certificates and the additional information included in them; show that the credits used to compensate for residual emissions are appropriately retired from the Union Registry developed under the Carbon Removal Certification Framework;
Amendment 368 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) include, only as a supplement to primary information, 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 400 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. By ... [1 year from the date of entry into force of this Directive], the Commission shall identify the most common explicit environmental claims made on the Union market and publish a list of claims that the Commission intends to supplement with the delegated act referred to in paragraph 4. That list shall be updated every 3 years.
Amendment 401 #
Proposal for a directive
Article 3 – paragraph 4 b (new)
Article 3 – paragraph 4 b (new)
Amendment 450 #
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 include a time-boundn implementation plan with time-bound, measurable commitments for improvements inside own operations and value chains. That information shall be made available together with the claim.
Amendment 455 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. Member States shall ensure that explicit environmental claims are prohibited for products containing substances or preparations/mixtures meeting the criteria for classification as toxic, hazardous to the environment, carcinogenic, mutagenic or toxic for reproduction (CMR), causing endocrine disruption to human health or the environment, persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), or very persistent, very mobile (vPvM) properties in accordance with Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, nor to goods containing substances referred to in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency. In applying the prohibition, Member States shall take into consideration the use of the product and whether such substances are in direct contact with the consumer.
Amendment 470 #
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 publicly available together with the claim in a physical form or in the form of a weblink, QR code or equivalent.
Amendment 491 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f
Article 5 – paragraph 6 – subparagraph 2 – point f
(f) for climate-related explicit environmental claims that rely on greenhouse gas emission offsets, information to which extent they rely on offsets and whether these relate to emissions reductions or removalnet zero and climate neutrality claims, information regarding the share of residual emissions within total emissions, the share of biogenic and fossil emissions within these residual emissions; the quantity and storage medium (geochemical or biological) of the carbon removal credits certified under the Carbon Removal Certification Framework that have been retired to balance the residual emissions;
Amendment 495 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point f a (new)
Article 5 – paragraph 6 – subparagraph 2 – point f a (new)
(f a) for environmental claims made by highly polluting industries, information included in the claim shall be clear as regards the product's overall negative impact on the environment;
Amendment 498 #
Proposal for a directive
Article 5 – paragraph 6 – subparagraph 2 – point g a (new)
Article 5 – paragraph 6 – subparagraph 2 – point g a (new)
(g a) for claims made on future environmental performance in the form of a net zero target (claims of progress towards net zero), present time-bound emissions reductions targets and explanation of the scope, methodologies and frameworks applied and how the residual emissions are intended to be neutralised by high-durability carbon removals respecting the like-for-like principle, aligned with the European Sustainability Reporting Standards under Directive (EU) 2022/24641a ; _________________ 1a Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting (OJ L 322, 16.12.2022, p. 15–80)
Amendment 648 #
Proposal for a directive
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Upon completion of the verification, the verifier shall draw up, where appropriate, a certificate of conformity certifying that the explicit environmental claim or the environmental label complies with the requirements set out in this Directive.