14 Amendments of Andreas SCHWAB related to 2023/0085(COD)
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 229 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
Amendment 263 #
Proposal for a directive
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
Amendment 305 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 318 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
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 549 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 604 #
Proposal for a directive
Article 9
Article 9
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 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 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 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 811 #
They shall apply those measures from [OP please insert the date = 2436 months after the date of entry into force of this Directive].