>荷兰竞争管理局关于农户之间合作的不动作信和指南 2022年6月发布
The ACM has also issued Guidelines regarding collaborations between farmers (Leidraad samenwerking landbouwers).这些准则阐明了竞争规则允许农民之间合作的一些主要可能性。关于可持续性考量问题,准则分章专门探讨协作问题,作为可持续性倡议的一部分此类协作可采取横向或纵向协议形式(农商和供货商/买主之间协议形式)。协议甚至可以涉及售价或生产量,如果这样做是必不可缺的。协议必须是实现可持续性目标所必备的,否则是不允许的 。
NetZero银行联盟>/a> 阻塞化石燃料公司接受金融服务的潜在协同做法。 2022年11月,国际商会发布白皮书标题 com/2022/05/可持久性-european-commissions-此类协议无法引起竞争法问题如果协议会影响竞争参数,则会受第101条TFEU约束,但有可能从第101(3)条下的豁免中受益可能的免责因纯经济原因不足,例如保护牛奶生产者高收入,Bka前的拟议方案强调了这一点。可持久协议提供客观环境效益,即 i.e.最后,将可持续性福利视为全社会福利并将其纳入法律引入的反托拉斯框架可预示竞争分析和实践新时代的到来。 近些年来,为将可持续性考量纳入反托拉斯分析做出了重大努力。竞争管理委员会和国家竞争管理机构,特别是HCC似乎接受公司提出的可持续性倡议但也存在不同的决策实践风险国家竞争局批准可持续性协议的决定对另一个国家竞争局没有约束力,而协议可能产生效果的领土内则有争议。这就意味着由第二次NCA裁量权批准或拒绝争议协议中的可持续性考量万博体育app手机登录因此,委员会与国家竞争主管机构之间的互动似乎至关重要,因此应当加强。 Overall,鉴于决策实践不足,仍需要欧盟和国家一级的更多指导。竞争自评在这方面很重要,当公司制定可持续战略时,法律咨询是关键Covington团队准备提供此建议
The European Commission is expected to present a Proposal for a Directive on Green Claims ("Proposed Green Claims Directive" or "the Proposal") within the next few months. Together with the Proposal for a Directive empowering consumers for the green transition through better protection against unfair practices and better information ("Consumer Empowerment Directive Proposal"), the Proposed Green Claims Directive would contribute to the EU's green transition towards a circular, climate-neutral and clean economy by creating a common methodology for the substantiation of green claims that concern the environmental footprint of products, services and companies.It would aim to reduce greenwashing and enable consumers to take informed purchasing decisions based on reliable information about the sustainability of products and traders.
If adopted, it is likely to significantly limit the environmental claims that businesses can make in the EU/EEA. Businesses may want to consider approaching the Commission to try to influence the final legislative proposal that it is expected to present by March 2023. Once the Commission presents its legislative proposal, businesses should consider proposing amendments to the European Parliament and Council.
Harmonization of the Rules on Green Claims in the EU
Currently EU law does not explicitly regulate environmental claims.万博体育app手机登录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. While the Commission and Member States have issued guidance interpreting these directives and their national implementation in the context of green claims, in practice there is a wide range of variations on the requirements for and enforcement against these claims among Member States. The Proposed Green Claims 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.
Covered Green Claims
The Proposal is expected to define green claims subject to the new rules as "any message or representation, including text, pictorial, graphic or symbolic representation (e.g., labels, brand names, company names or product names), which states or implies that a product or trader has a positive or no impact on the environment or is less damaging to the environment than other products or traders, respectively, or has improved their impact over time." The Proposal is not expected to apply to claims that cover aspects other than those related to the environment. For example, sustainability claims would only be covered if they refer to environmental sustainability (e.g., preventingbiodiversity loss).
The proposed rules are also only expected to cover voluntary claims made by companies in the context of business-to-consumer ("B2C") transactions. The rules would also not cover environmental mandatory labelling or disclosures under EU environmental rules.万博体育app手机登录For example, mandatory declarations under Proposal for Ecodesign for Sustainable Products Regulation, or the requirements under the EU Taxonomy Regulation or the Proposal for a Regulation Establishing a Union Regulatory Framework on the Certification of Carbon Removals) are out of scope.
General Rules on Green Claims
The Proposal is expected to impose general requirements on the environmental claims that companies can make that will mirror those of the existing Commission's guidance. In particular, it will require that companies:
Methodology to Substantiate Green Claims
In line with current Commission's and Member States' guidance on environmental claims, the Proposal is expected to require economic operators to duly substantiate their environmental claims on the basis of a methodology that:
The Proposal is expected to add a lengthy list of additional requirements with which the methodologies to substantiate environmental claims must comply. This is a significant departure from the previous, lighter requirements under the Commission's and Member States' green claims guidance. In this context, the Proposal links these requirements to the existing EU Product and Organization Environmental Footprint methods ("PEF" and "OEF"). Where a company complies with the Product Environmental Footprint Category Rules ("PEFCRs") for a product, the claims made on the basis of the PEFCRs are deemed compliant with the requirements of the Proposal.
Requirements Related to Comparative Environmental Claims
The Proposal is also expected to include rules on environmental comparative claims, namely, that:
If adopted, these requirements are likely to make environmental comparative advertising more challenging for companies. Product certification and testing is costly, and the proposed wording would in practice require companies to conduct head-to-head studies to be able to claim any comparative advantage. Broad, sector-wide claims based on publicly available studies would no longer be acceptable.
New Rules on Forward Looking Claims
The Proposal is also expected to introduce new strict rules on forward-looking claims (i.e., claims that suggest that a product, service or company will achieve specific environmental benefits by a certain future date).The Proposal is expected to require that claims related to the future environmental performance of a product, service or trader:
Enforcement and Access to Justice for third Parties
The proposal is expected to introduce new and reinforced rules on enforcement against companies making non-compliant environmental claims. Member States are expected to be required to carry out a compliance monitoring:
CompanyAfter receiving a notification for non-compliance, companies would only have 10 business days to provide an answer. Where a trader does not provide a timely or satisfactory answer, enforcement authorities must require the trader to correct the non-compliant claim or immediately stop its communication. The trader will have to implement the corrective actions within 30 business days.
The Proposal is also expected to allow third parties to submit complaints against non-compliant green claims before administrative authorities, and thereafter courts, if the third parties have sufficient interest or have the rights infringed. Such complains may lead to injunctive actions, including the immediate stop of the communication of the non-compliant claims.
Next Steps
The European Commission is expected to formally present its proposed Green Claims Directive by the end of March 2023. Once presented, the European Parliament and Council will consider the Proposal for adoption through the ordinary legislative procedure. This process will allow for the introduction of amendments and will take at least 18 months. As indicated above, industry should keep a close eye on the development of this proposal as the requirements it will impose will have a significant impact on the current practices.
The Greenhouse Gas Protocol ("GHG Protocol" or "Protocol")—a leading standard setter for measuring and managing corporate greenhouse gas emissions, borne of a partnership between World Resources Institute (WRI) and the World Business Council for Sustainable Development (WBCSD)—has opened stakeholder surveys concerning the revision of its Corporate Accounting and Reporting Standard, Guidance on Scope 2 Emissions, and the Scope 3 Standard and Scope 3 Calculation Guidance.
The GHG Protocol's standards and guidance are a foundational element of the Science Based Targets initiative (SBTi), which helps shape and verify corporate emissions reductions targets and ensure they are aligned with the goals of the 2015 Paris Agreement.协议是大企业首选碳核算机制:2016年92%以上Fortune500公司向CDP报告排放数据时,根据Hgorm协议会计标准这样做。万博体育app手机登录自2004年以来公司会计报告标准从未修订过,范围2排放指南-即自2010年代初首次发布以来与公司电热三维排放相关联的排放量从未修订过。
,例如,美国证券交易委员会s/www.cov.com/en/news-and-inights/inights/2022/03/sec-proposes-landmark-climate-证交会在其提案中明确纳入并采纳了由《温室气体协议》开发的许多概念。
Hrefss/default/files/Scope%2020Guidance_Final_Sept26.pdf>>当前2范围指导 (发布于2015年)为实体报告2范围排放量框架-即购买电耗、蒸气、热和冷却间接排放当前,实体可以通过定位法(基于实体地理区域平均产生能源排放量)或市场法(基于实体购买RECs的具体生成器排放物)报告CLE2排放量。
RECs是再生电源发布并出售给其他实体的工具,这些实体可能与直接购买电力合同捆绑或不可包绑万博体育app手机登录当前指南解释RECs销售传递可再生能源需求信号,这些信号驱动生产变化万博体育app手机登录RECs设计创建需求端市场信号,当前指南不要求实体证明RECs额外性也就是说,实体无需证明将排减纳入REC兆瓦本不会实现万博体育app手机登录数个其他报告机制,如英国绿楼理事会净零碳建框架,包含 这一额外性需求协议正考虑改变RECs
A部分修改中,协议似乎在重新评估是否和如何计算RECs协议2022年3月公告宣布由Anders Bjorn研究范围2,夏季Bjorn 二大建议 For each of these fifteen categories, the Guidance prescribes a time boundary to account for all emissions related to the entity's activities in the reporting year, even if those emissions occurred in a prior year or are expected to occur in a future year.万博体育app手机登录计算指南还就每一类别规定了一套专用计算排放法。万博体育app手机登录举例说,购买商品和服务产生的排放可用供应商专用法报告(有特定供应商提供的数据)、混合法报告(有某些供应商提供的数据和二级信息补缺)、平均数据法报告(有货物质量和平均排放因子数据)或开支法报告(有货物经济值和平均排放因子数据) C拟议的改变将显著效果报告2排放
Upstream Downstream emissions from purchased goods and services downstream transportation and distribution capital goods processing of sold products fuel- and energy-related activities (not included in scope 1 or scope 2) use of sold products upstream transportation and distribution end-of-life treatment of sold products waste generated in operations downstream leased assets business travel franchises employee commuting investments upstream leased assets IVsites/default/files/mocket-bases%20Survey%20Memo.pdf如上所述,基于市场的核算方法涉及使用合同工具或抵减信用量测量排放量性能,而《温室气体议定书》允许这些方法处理范围2排放问题。万博体育app手机登录然而,当前指南不包括基于市场报告直接(范围1)或供应链排放(范围3)的计算方法这份调查请求利害相关方反馈各种市场化计算方法-包括抵减信用额、嵌套信用额、供销棚/价值链干预、批量平衡认证和书籍填报证书-可能应用到范围1和3排放报告上。
V万博体育app手机登录公司应该从此难得机会生成碳规则
On December 14, 2022, during an open Commission meeting, the Federal Trade Commission voted unanimously to issue a Federal Register notice requesting comments on the efficacy of the Green Guides. The initial request for comments seeks input on whether to retain, modify, or rescind the Guides. The notice was published in late December, marking the beginning of a 60-day comment period that ends on February 21, 2023.
As a part of its regulatory review, the Commission's request for public comment seeks information about the costs of complying with the Guides, evidence of the degree of industry compliance with the Guides, and whether guidance is no longer needed for particular claims.万博体育app手机登录The Commission is also soliciting comments on whether additional or more specific guidance is needed for a variety of claims currently covered in the Guides, including compostable, degradable, recycled content, and recyclable claims. In her separate statement, Chair Khan referenced recent reports that recycled plastics often end up in landfills, and questioned whether recyclability claims should reflect the realities of how products are processed rather than whether they are picked up from a recycling bin.
In addition to requesting input on whether to update existing claim-specific guidance to reflect new technology and market realities, the Commission will consider public comments about possible expansions to the Guides, as well as the possibility of launching a rulemaking. The Commission requests input on whether to augment existing guidance on carbon offset claims by offering views on other claims related to climate change such as "net zero," "carbon neutral," "low carbon," and "carbon negative." Noting the "proliferation of environmental benefit claims includes claims not currently addressed in the Guides," the Commission is also seeking input on whether to add to the Green Guides guidance on energy use or energy efficiency claims as well as "organic" and "sustainable" claims, two claims on which the Commission previously declined to issue guidance.
During the open Commission meeting, members of the public offered input on the Green Guides review, including the need to consider environmental justice concerns, market changes since the last regulatory review such as the increase in online shopping, and the utility of tracking mechanisms such as mass balance chain of custody to inspire trust in environmental marketing claims.
The 60-day comment period is the first major step in the Commission's multi-year effort to review the Green Guides.
为此,欧洲委员会(“委”)预计将通过详细强制性ESG披露要求,如
ESRS目前建议覆盖84个离散披露要求和1 144个定量和定性数据点。
通用标准处理关键基础概念以及报告过程和格式符合CSRD可持续性报告ESRS1定义二重重要性概念,CSRD报告关键原理之一双重相对性标准意味着公司必须报告不仅对企业ESG问题的潜在金融影响,而且对其企业对人和地球的物质影响。换句话说,公司必须报告从金融角度讲无关紧要的问题。ESRS1还澄清说,某些披露-例如温室气体排放-一直是材料。 十大主题ESRS覆盖所有ESG三大支柱如下(见>高度:自动机">对最后宣言文本的谈判自昨天以来似乎没有取得显著进展阻塞进度的问题与一开始确定为关键的问题相同:损耗和损耗缓冲漏洞自2020年起承诺给发展中国家的1000亿美元气候金融并倍增1000亿美元 用于适应项目埃及外交部长和缔约方会议双会长呼吁代表们寻找解决办法-尽管通常由东道国负责向前推进文本spanids.gle.com/spreteshes/d/1Z0wyEGOU_6da9Sgnsqyi8PE0fkeIY4Xcmezo>
目前的草案远非可编辑成形文本,而只是提供可载入定本中某些内容的选项从正面看,文本草案拒绝印度推送“逐步下调化石燃料”,转回原初COP 26“逐步下调煤炭 ” 。 食品现在也得到了一个重要的提法然而,当前文本中至少14次显示“当前谈判中相关结果的持有者”。Considering tomorrow is supposed to be the final day of COP 27, it would appear likely that negotiations will continue well into the night if the deadline is to be met.
The UN Secretary General flew directly from the G20 meeting in Bali to Sharm to try and give impetus to the talks, signaling his frustration at their pace and stating, "There is clearly a breakdown in trust between North and South, and between developed and emerging economies." As if to prove his point, the Guardian quoted a G77 negotiator, saying: "I've never seen us so united on an issue as loss and damage ...美国...不接受建立损耗基金的决定死锁就在那里77国集团表示不可接受问题很清楚,即曾一度激进概念“损耗和损耗”现已非常牢固地成为气候变化议程前端和中心点。
与英国气象局发布Other Developments:
回埃及后,关于最后宣言措辞的协议仍然难以实现虽然新文本细节不多,但印度建议宣言最终引用“压倒所有化石燃料”,而不是缔约方会议第二十六届会议仅引用煤炭,支持似乎在增加更令人担忧的是,有迹象表明,最后宣言可能不再确认对1.5摄氏度目标的承诺,而代之以引用2摄氏度默默承认进展缓慢,澳大利亚气候变化部长被委以牵头商谈穷弱国家气候融资的关键问题。
G20国家对全球排放量的75%负责,G20公报中的强语似旨在刺激沙姆沙伊赫谈判延缓进展德国气候特使表示G20公报中包含1.5C表示“向COP 27的部长和谈判者发送重要信号”。..G20支持Glasgow气候协议,在沙姆沙伊赫无法反弹 。
77国集团损耗说明与发达世界的立场形成对比:我们希望今年能建起损耗设施而不是谈折中..损耗和损耗是本次COP的主要标语头条,我们不放弃。”欧盟想继续商谈后再决定是否需要新设施七大集团支持全球盾牌保险计划,支持者认为这是向正确方向迈出的重要一步,而批评者则视之为转移注意力创建严重损耗设施的努力。
..现实是,在[裁量排 方面没有进展,我们正在超出适应能力..of course I want to see progress on loss and damage, but unless we stick to [1.5C] all of that is going to be a lot more difficult."
Other Developments:
November 16th is Biodiversity Day which will focus on the impact of climate change on biodiversity and initiatives to halt biodiversity loss through nature and ecosystem-based solutions.
COP27 was never going to be a ‘Big COP' in the way that COP26 in Glasgow was. It was not originally designed to be one of the five-year ratchet reviews of NDCs set out by the 2015 the Paris Agreement and there were no major new climate change texts due to be negotiated. Sharm's value is likely to be assessed, at least in part, on whether it effectively tees up important items for next year, including:
However, COP27 remains an important waypoint – not least in how successful it eventually is in avoiding acrimonious debate and significant tensions over loss and damage.
Glasgow was a five-year review point. But the UNFCCC assessed that not enough progress had been made by countries' emissions reductions targets towards the 1.5 degree target and required all member countries to return to COP27 with improved goals. So COP27 represents an important departure from the UNFCCC's agreed timetable and in that sense demonstrates the increasing urgency of reducing emissions: an urgency juxtaposed against the record high attendance of representatives from oil and gas companies and the anguished debate about the role of gas as a transitional fuel.
And COP27 was set against a difficult geo-political and geo-economic backdrop. Russia's invasion of Ukraine has caused upheaval in international energy markets and pushed inflation up to record levels.Central banks have responded by raising interest rates, pushing countries already struggling with the hangover from the pandemic to the brink of recession. Europe's search for non-Russian gas has put pressure on developing countries, which have turned increasingly to coal as a cheaper alternative source of energy (and an increase in interest in exploiting Africa's untapped gas reserves), leading to the highest use of coal since 2013 and resulting in 2022's emissions being the highest on record. Meanwhile, the UNFCCC has warned that the world is currently on target for temperature rises of 2.8 degrees by the end of the century (with the UN Secretary General warning colourfully that the world is ‘on a road to hell, with our foot hard down on the accelerator').
As if this set of circumstances were not unpropitious enough, this year has seen a sequence of climate-related natural disasters, with appalling flooding, wildfires and droughts afflicting countries across the globe. The fact that COP27 was also billed as ‘The African COP' gave extra impetus to the calls from developing countries, which are bearing the brunt of the rapidly changing climate, for assistance with more than adaptation. The issue of ‘loss and damage' (financing to address the actual impact that climate change is now having on developing countries) has been steadily increasing in importance: a shift developed countries have resisted out of concerns about potentially unlimited liability.
Initial negotiations around the content of the agenda (which took over 30 hours to reach an agreement) suggested a fraught and tense COP was likely. But those negotiations resulted in loss and damage making its way onto a COP agenda for the first time. Now that it is on the agenda, it is highly unlikely it will be removed at future COPs, meaning the developed world will have to address the issue eventually. And in a welcome move on Saturday, John Kerry announced that the US was "totally supportive" of moves to address loss and damage and "100% ready" to discuss the issue in detail.
So COP27, which was supposed to have been about improved NDCs (though fewer than 30 countries came forward with revised offers), has been transformed into a COP which is all about the financing – both for adaptation and for loss and damage. Whilst there is normally intense focus on the negotiations over UNFCC texts, with the focus on financing, such texts as were due to be negotiated were something of a sideshow, with negotiations only beginning late in the week. This left negotiators working late into the night on Friday in order to try and finalize all decision texts before the closing plenaries of the Subsidiary Bodies on Saturday.
A COP of Few Announcements:
Although this COP has delivered fewer eye-catching initiatives than Glasgow, there are a few worth noting:
Comment:
The US position is clearly focused on mitigation on the basis that if not dealt with in a much more robust and accelerated way now and the world loses the opportunity to keep the goal of 1.5 degrees C within reach (it may already be in the rearview mirror), then the costs will continue to rise exponentially for adaptation and will make the feasibility of meeting those adaptation demands even more remote.
The developing world also recognizes the importance of mitigation. But their focus is increasingly on managing the impacts of climate change that they are already experiencing. They argue they need financing now to address those impacts and there is frustration that the developed world is not doing enough to demonstrate recognition of and engagement with the climate justice issue of loss and damage. Absent that recognition, the spirit of collaboration will be lacking: without that spirit, movement progress on mitigation is going to be slow at best, absent at worst.
John Kerry's Saturday evening comments about loss and damage are welcome as they demonstrate that the US recognizes the importance attached to loss and damage: that may be enough to open the door for progress.
What that might look like is unclear, but one way forward would be a radical overhaul of the world's public financial institutions.布里奇顿议程引起全球关注,即世界银行需要将其业务焦点转向为发展中世界提供气候融资-以赠款形式而非贷款形式提供-这一变化将显示全球致力于为发展中世界寻找适应/损耗和损耗融资源,这可能解阻同样重要的缓解进展。 如果Gripsm实现这一点,我们毕竟会记住它为大COP.
Other COP 27 Developments:
G20 Announcements
明天为能源日与金融日并发,这是COP 27的两个最受人注目的主题日之一,重点是能源部门的公正过渡、绿色氢化、提高能效的重要性以及技术在管理和加速能源过渡中的作用。