12 Amendments of Martin HOJSÍK related to 2022/0092(COD)
Amendment 31 #
Proposal for a directive
Recital 1
Recital 1
(1) In order to tackle unfair commercial practices which prevent consumers from making sustainable consumption choices, such as practices associated with the early obsolescence of goods, misleading environmental claims (“greenwashing”), non-transparent and non-credible sustainability labels or sustainability information tools, specific rules should be introduced in Union consumer law. This would enable national competent bodies to address those practices effectively. By ensuring that environmental claims are fair, clear and understandable, consumers will be able to choose products that are genuinely better for the environment than competing products. This will encourage competition towards more environmentally sustainable products, thus reducing negative impact on the environment.
Amendment 55 #
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 positive’, ‘carbon offset’, ‘carbon compensated’, ‘climate neutral’, ‘energy efficient’, ‘plastic offset’, ‘plastic neutral’, ‘biodegradable’, ‘biobased’ or similar statements, as well as broader statements such as ‘conscious’, ‘offset’ or ‘responsible’ that suggest or create the impression of excellent environmental performance. Such generic environmental claims should be prohibited whenever there is no excellent environmental performance demonstrated based on applicable rules established in the Union or national legislation, 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 prohibition.
Amendment 109 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) To allow small and medium-sized enterprises (SMEs) to manage the necessary administrative measures, additional guidelines and administrative support should be foreseen by the Commission and the national authorities and provided to the SMEs.
Amendment 120 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) In order to facilitate effective enforcement especially with regard to third countries, it is necessary for increased resources to be made available to the competent authorities to enable them to clarify if manufacturers or distributors were forced to make falsified statements about the lifespan of a product, as such an action would undermine the integrity of the internal market. Therefore, to avoid fraud, non- compliance and lower standards with imports increased vigilance and monitoring by the competent authorities on all sides will be required, particularly in relation to online marketplaces.
Amendment 146 #
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 requirements, and 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, and which includes system for complaints for external stakeholders focused on possible non-compliance and allows for withdrawal of the label in case of non- compliance;
Amendment 157 #
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 a (new)
Article 2 – paragraph 1 – point u a (new)
(ua) ‘offsetting’ means the claim that a purchase or other acquisition of credits, such as carbon or plastic credits, or financial support for environmental projects elsewhere compensates for the purchaser's environmental impact, including impacts of services it provides;
Amendment 182 #
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 withbased on offsetting or without understandable supplementary information setting out clear, objective and, verifiable and realistic commitments and targets and without an independent monitoring system;
Amendment 197 #
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Directive 2011/83/EU
Article 2 – paragraph 1 – point 14 d
Article 2 – paragraph 1 – point 14 d
(14d) ‘reparability score’ means a score expressing the capacity of a good to be repaired, based on a harmonised method established in accordance with Union law;
Amendment 255 #
Proposal for a directive
Annex I – paragraph 1 – point 2
Annex I – paragraph 1 – point 2
4b. Making an environmental claim about the entire product or the trader´s business when it actually concerns only a certain aspect of the product or aspect of the trader´s business.;
Amendment 264 #
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, service or business has a neutral or positive environment impact due to offsetting.
Amendment 267 #
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 that would lead to promotion of fossil fuel products or highly polluting products or activities.
Amendment 293 #
Proposal for a directive
Annex I – paragraph 1 – point 4
Annex I – paragraph 1 – point 4
Directive 2005/29/EC
Annex I – point 23 g a (new)
Annex I – point 23 g a (new)
23ga. Omitting to inform the consumer about a design or feature limiting its repairment.