sán Finan内部能源和环境Covington & Burling法律事务所 //www.ludikid.com/author/sfinan/ 能源、商品和环境法律和政策开发 Mon,03Apr202316:30:55+00 en-US 时钟 一号 https://wordpress.org/?v=6.1.1&lxb_maple_bar_source=lxb_maple_bar_source https://insideenvironmentredesign.covingtonburlingblogs.com/wp-content/uploads/sites/47/2021/06/cropped-cropped-cropped-favicon-3-32x32.png sán Finan内部能源和环境Covington & Burling法律事务所 //www.ludikid.com/author/sfinan/ 32码 32码 绿化:欧盟联合雄心提案绿化索赔 //www.ludikid.com/2023/04/greenwashing-eu-unveils-ambitious-proposal-on-green-claims/ Rosa Oyarzabal和Sean Finan Mon,03Apr202316:30:27+00 欧洲能源和气候政策 环境营销 欧洲联盟 绿色索赔 绿化指令 //www.ludikid.com/?p=8493 p对齐='Center'###/p>20233年3月22日,欧盟委员会(“Committee”)提出它建议发布指令证明并传递显性环境请求(“绿色请求指令建议 ” 。 绿色请求指令建议与委员会2022建议协同工作,通过更好地保护消费者避免不公平实现绿色过渡Continue Reading… 万博体育app手机登录

On March 22, 2023, the European Commission ("Commission") presented its proposal for a Directive on substantiation and communication of explicit environmental claims ("Proposed Green Claims Directive").  The Proposed Green Claims Directive is intended to work in tandem with the Commission's 2022 Proposal for a Directive empowering consumers for the green transition through better protection against unfair practices and better information ("Proposed Greenwashing Directive").  Both Proposed Directives are intended to contribute to the EU's green transition towards a circular, climate-neutral and clean economy by enabling consumers to make informed purchasing decisions based on reliable information about the sustainability of products and traders.  In particular, the Proposed Green Claims Directive would create a common methodology for substantiating green claims about the environmental footprint of products, services and companies and require companies making environmental claims to secure a certification of compliance from an independent national "verifier."

The Commission's publication of the Proposed Green Claims Directive follows the leak of a previous draft of the proposal in January 2023, which we reported on here.  Much has changed from the original proposal, but the impact on business remains clear: if passed, the environmental claims that companies make would be subject to strict substantiation requirements, and prior certification by  third-party verifiers.  Crucially, the proposal would require Member States to fine companies up to 4% of their profits — and bar them from public procurement contracts — if they make unsupported environmental claims. 

The Commission has now opened a public consultation on the Proposed Green Claims Directive, and the European Parliament and Council must now review it over the next two years.  Interested businesses may want to consider submitting comments to the Commission and proposing amendments to the European Parliament and Council.

What is new?

Currently, EU law does not explicitly regulate environmental claims.  Instead, environmental claims are subject to the general rules of Directive 2005/29 on Unfair Business-to-Consumer Practices and Directive 2006/114 on Comparative Advertising, and national authorities may apply the EU's guidance on applying general consumer protection rules to green claims (see our previous blog post discussing the guidance here).  However, in practice, EU Member States apply the general principles in a variety of ways.  The Proposed Green Claims Directive, together with the Proposed Greenwashing Directive, is expected to create a harmonized set of rules on the substantiation of voluntary green claims applicable to all companies operating in the EU/EEA.

The Proposed Green Claims Directive would introduce a number of rules for companies making environmental claims.  The rules would apply to almost all companies doing business in the EU (excluding micro‑enterprises).  However, the rules would not apply to environmental claims that are already subject to more specific rules (e.g., organic claims!i+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++这可能会导致不同的国家当局如何对公司强制实施差异-因为有些人可能比其他人更容容打包或广告提供的“综合印象”。 Company必须证明环境主张: /em>可回收性)。

  • Companies would be required to give consumers full background information:  Companies would be required to provide all the background information, assessments, standards, data, etc. that support the claim either with the physical product, or through a web link or QR code that accompanies the product.  If relevant, companies would also have to give instructions to the consumers on how to use the product so that it meets the claimed environmental performance.这可能给最小包装空间的产品带来一些问题 。
  • Compaties将只允许使用经核准的环境标签 : 一旦绿色索赔指令生效,公司将只能使用经EUQA批核并列入欧盟中心链表的环境标签 企业将无法再创建使用环境标签(独立或分组标签 )。这符合拟议绿化指令的规定,该指令断然禁止自我认证。 第三国环境标签也需要欧盟评估批准The actual process for approval, and the benchmark that labels would have to reach, remains unclear.  While not covered by the Proposed Green Claims Directive, there could be a risk that authorities may apply by analogy the strict requirements on environmental labels to other sustainability labels (e.g., those related to social impacts).
  • Companies would have to obtain a prior certification  from a national verifier:  The proposed Directive would require Member States to appoint third-party independent "verifiers" to assess and certify environmental claims, and issue certificates of compliance.  This is a first for voluntary claims, which typically do not require prior certification of compliance or authorization under EU rules.Crucially, companies would have to receive the certification of compliance before publishing the claims.  This may affect the speed and volume in which companies can make claims.  It is unclear whether verifiers would be held responsible for the claims companies make, in particular as they would also oversee the proposed communications.  It is also unclear whether there will be a transitional period to phase out packaging that includes that have not been certified. 
  • Non-compliant companies would face significant penalties:  Penalties for breach of the Proposed Green Claims Directive must be "effective, proportionate and dissuasive".  The Proposed Green Claims Directive provides that Member States may impose fines which deprive companies of the benefits of infringements (up to 4% of turnover in cross‑border cases)!充公利润最长12个月。
  • Nextsteps

    Companies interested in submitting comments may do so until May 25, 2023, through the Commission's public consultation website.   

    The European Parliament and Council must also now consider the Proposed Green Claims Directive  for adoption through the so-called "ordinary legislative procedure", which typically takes at least 18 months but may be altered due to the European Parliament elections in the second quarter of 2024.  As with all Directives, each EU Member State will be required to implement the provisions of the Green Claims Directive in national law, and will be free to adopt more stringent rules.  As indicated above, industry should keep a close eye on the development of this proposal as the requirements it would impose will likely have a significant impact on the current practices.  Covington can help companies with navigating the Commission's public consultation process and the legislative process.

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