Changes from plenary report to adopted text

RemovedArticle 8 – paragraph 2 – point f a (new): (fa) the environmental labelling scheme regularly reviews its objectives, its strategies, and the performance of its tools and systems, based on the latest best practices, scientific data and evidence.

Added(d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for transparent consultation to a heterogeneous group of stakeholders or the stakeholders’ representatives that havethat has reviewed them and ensured their relevance from a societal perspective. The stakeholders shall be free of any conflicts of interest, including by being independent from the owner of the environmental labelling scheme, and include, as a minimum, relevant experts; [Am. 93]

RemovedArticle 8 – paragraph 3 – subparagraph 1: From [OP: Please insert the date = the date of transposition of this Directive] no new regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive. Furthermore, national schemes may be established provided they conform with the standards set under this Directive.

Added(e) the environmental labelling scheme has a complaint and dispute resolution mechanism in place;

RemovedArticle 8 – paragraph 5 – subparagraph 1: Member States shall ensure that environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approved if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of the overall environmental footprint, the environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive.

Added(f) the environmental labelling scheme sets out transparent procedures for dealing with non-compliance and foresees the withdrawal or suspension of the environmental label in case of persistent and flagrant non-compliance with the requirements of the scheme. [Am. 94]

RemovedArticle 8 – paragraph 5 – subparagraph 3 a (new): Private environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive and [Directive (EU) .../... of the European Parliament and of the Council Empowering Consumers for the Green Transition]. Carbon certification schemes established under [Regulation (EU) .../2023 of the European Parliament and of the Council on establishing a Union certification framework for carbon removals] may also be approved as environmental labelling schemes, provided that they comply with the requirements of this Directive and [Directive (EU) .../... of the European Parliament and of the Council Empowering Consumers for the Green Transition].

Added(fa) the environmental labelling scheme has a robust monitoring and evaluation system to regularly review its objectives, strategies, performance and impacts, based on the latest best practices, scientific data and evidence, and where relevant, to update its requirements in line with the findings. [Am. 95]

RemovedArticle 8 – paragraph 6 – subparagraph 2: The documents referred to in the first subparagraph shall be made publicly available and shall be submitted to the Commission in case of schemes referred to in paragraph 4 or to the Member States’ authorities in case of schemes referred to in paragraph 5, together with the certificate of conformity for environmental labelling schemes drawn up in accordance with Article 10.

Added3. From [OP: Please insert the date = the date of transposition of this Directive] no new national or regional environmental labelling schemes shall be established by public authorities of the Member States. However, national or regional environmental labelling schemes established prior to that date may continue to award the environmental labels on the Union market, provided they meet the requirements of this Directive. [Am. 96]

RemovedArticle 8 – paragraph 8 – subparagraph 1 – introductory part: In order to ensure a uniform application across the Union, the Commission shall adopt by ... [12 months after the entry into force of this Directive] implementing acts to:

AddedFrom the date referred to in the first subparagraph, environmental labelling schemes may only be established under Union law. [Am. 97]

RemovedArticle 9 – paragraph 1: Member States shall ensure that the information, tools and methodologies used for substantiation of explicit environmental claims are reviewed and updated by traders no later than 5 years from the date when the information referred to in Article 5(6) is provided. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with.

Added4. From [OP: Please insert the date = the date of transposition of this Directive] any new environmental labelling schemes established by public authorities of the Member States or in third countries awarding environmental labels to be used on the Union market, shall be subject to approval, without undue delay, by the Commission prior to entering the Union market with the aim of ensuring that these labels provide added value in terms of their environmental ambition including notably their coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive. Environmental labelling schemes established by public authorities of the Member State or in third countries prior to that date may continue to award the environmental labels which are to be used on the Union market, provided they meet the requirements of this Directive. [Am. 98]

RemovedArticle 10 – paragraph 2: 2. Member States shall set up procedures for verifying the compliance of environmental labelling schemes with the requirements set out in Article 8. The Commission shall verify those procedures to guarantee harmonisation in the Union market.

Added5. Member States shall ensure that environmental labelling schemes established by private operators after [OP: Please insert the date = the date of transposition of this Directive] are only approved if those schemes provide added value in terms of their environmental ambition, including notably their extent of coverage of environmental impacts, environmental aspects or environmental performance, or of a certain product group or sector and their ability to support the green transition of SMEs, as compared to the existing Union, national or regional schemes referred to in paragraph 3, and meet the requirements of this Directive. Environmental labelling schemes established by private operators prior to that date may continue to award environmental labels, which are to be used on the Union market, provided they meet the requirements of this Directive. [Am. 99]

RemovedArticle 10 – paragraph 4: 4. The verification of the information, tools and methodologies shall be undertaken by a verifier fulfilling the requirements set out in Article 11, in accordance with the procedures referred to in paragraphs 1 and 2, before the environmental claim is made public or the environmental label is displayed by a trader.

AddedThis procedure for approval of new environmental labelling schemes shall apply to schemes established by private operators in the Union and in third countries.

RemovedArticle 10 – paragraph 4 a (new): 4a. Upon the request of the operator of the environmental labelling scheme, the verifier shall assess the compliance of the scheme with Articles 7 and 8, within 60 days upon reception of all relevant documents defined in implementing acts referred to in paragraph 9 of this Article. Once verified, traders can display the label issued by the scheme without any additional verification steps.

AddedMember States shall notify the Commission when new private schemes are approved.

RemovedArticle 10 – paragraph 9: 9. By ... [12 months after the entry into force of this Directive] the Commission shall adopt implementing acts to set out details regarding the form of the certificate of conformity referred to in paragraph 5 and the technical means for issuing such certificate of conformity. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19.

Added6. In order to receive the approvals referred to in paragraphs 4 and 5, the operators of new environmental labelling schemes shall provide supporting documents setting out the following:

RemovedArticle 10 – paragraph 9 a (new): 9a. By ... [12 months after the entry into force of this Directive], the Commission shall adopt delegated acts to set out details regarding the documents to be provided for the verification of substantiation methods.

Added(a) the rationale underlying the development of the scheme

RemovedArticle 10 – paragraph 9 b (new): 9b. To support traders in carrying out the verification and certification procedure referred to in paragraphs 1 and 2, the Commission shall publish by ... [24 months after the entry into force of the Directive] a list of the accredited verifiers and keep it up-to-date.

Added(aa) a description of how the requirements set out in this Directive are met; [Am. 100]

RemovedArticle 11 – paragraph 3 – point e: (e) the verifier shall have a sufficient number of suitably qualified and experienced personnel responsible for carrying out the verification tasks; including experience in life-cycle assessments and sufficient knowledge of the traders’ respective activities;

Added(b) the proposed scope of the scheme,

RemovedArticle 12 – title: Micro, small and medium-sized enterprises

Added(c) the evidence the scheme will provide added value as set out in in paragraph 4 for environmental labelling schemes established by public authorities in third countries, or in paragraph 5 for environmental labelling schemes established by private operators; [Am. 101]

RemovedArticle 12 – paragraph 1 – introductory part: Member States, in cooperation with the Commission, shall take appropriate measures to help micro, small and medium-sized enterprises to apply the requirements set out in this Directive. Those measures shall include at least technical assistance and guidelines with specific examples and procedures to comply with the requirements on explicit environmental claims. In addition, without prejudice to applicable state aid rules, such measures may include one or more of the following:

Added(d) a proposal for draft criteria and the methodology used to develop and award the environmental label and the expected impacts on the market;

RemovedArticle 12 – paragraph 1 a (new): Most small and medium-sized enterprises do not have the expertise or the resources needed to deal with applications for information relating to environmental performance throughout a product's lifecycle and the overall environmental footprint. Member States and industry association should therefore provide continuous support to SMEs.

Added(e) a detailed description of the ownership and the decision-making bodies of the environmental labelling scheme.

RemovedArticle 12 a (new): Article 12a / Large cross border businesses / Traders falling within the scope of the proposal for a Council Directive on Business in Europe: Framework for Income Taxation (BEFIT)1 placing products of the same category on the market in more than one Member State or in both EU and third countries and use environmental claim for any of those products shall comply with the same commitments made in the claim in all markets the product is placed.

AddedThe documents referred to in the first subparagraph shall be made publicly available and submitted to the Commission in case of schemes referred to in paragraph 4 or to the Member States’ authorities in case of schemes referred to in paragraph 5, together with the certificate of conformity for environmental labelling schemes drawn up in accordance with Article 10. [Am. 102]

RemovedArticle 13 – paragraph 1: 1. Member States shall designate one competent authority as responsible for the application and enforcement of this Directive.

Added7. The Commission shall publish and keep-up-to date a list of officially recognisedenvironmental labelling schemes that comply with this Directive and environmental labels as laid down in Regulation (EC) No 66/2010, that are allowed to be used on the Union market after [OP: Please insert the date = the date of transposition of this Directive] pursuant to paragraphs 3, 4 and 5, including the information provided in accordance with paragraph 6. This list shall be available to the public free of charge and be presented in an understandable manner. [Am. 103]

RemovedArticle 14 – paragraph 2 – introductory part: 2. The powers conferred on competent authorities under paragraph 1 shall include the following:

Added8. In order to ensure a uniform application across the Union, the Commission shall by ... [12 months from the date of entry into force of this Directive] adopt implementing acts delegated acts in accordance with Article 18 to: [Am. 104]

RemovedArticle 14 – paragraph 2 – point a: (a) the power of access to any relevant documents, data or information related to an infringement of this Directive, in any form or format and irrespective of their storage medium, or the place where they are stored, complying with the rules in force concerning the protection of know-how and trade secrets, and the power to take or obtain copies thereof;

Added(a) provide detailed requirements for approval and review of environmental labelling schemes pursuant to the criteria referred to in paragraphs 4 and 5; [Am. 105]

RemovedArticle 14 – paragraph 3: (3) Competent authorities may use any information, document, finding, statement or intelligence as evidence for the purpose of their investigations, irrespective of the format in which or medium on which they are stored, complying with the rules on the protection of personal data, know-how and trade secrets.

Added(b) specify further the format and content of supporting documents referred to in paragraph 6;

RemovedArticle 15 – paragraph 3: 3. Where, further to the evaluation referred to in the first subparagraph, the competent authorities find that the substantiation and communication of the explicit environmental claim or the environmental labelling scheme does not comply with the requirements laid down in this Directive, they shall notify the trader making the claim about the non-compliance prior to publishing the report mentioned in article 15(1) and require that trader to take all appropriate corrective action within 30 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim. Such action shall be as effective and rapid as possible, while complying with the principle of proportionality and the right to be heard.

Added(c) provide detailed rules on the procedure for the approval referred to in paragraph 4.

RemovedArticle 16 – paragraph 1: 1. Natural or legal persons or organisations regarded under Union or national law as having a legitimate interest shall be entitled to submit substantiated complaints to competent authorities of a Member State when they deem, on the basis of objective circumstances, that a trader is failing to comply with the provisions of this Directive.

AddedThose implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19. [Am. 106]

RemovedArticle 16 – paragraph 1 a (new): 1a. National authorities shall retain the ability to decide on the allocation of supervision and resources, and may hence implement this Directive nationally without affecting national administrative and civil processes.

AddedArticle 9 Review of the substantiation of explicit environmental claims

RemovedArticle 16 – paragraph 2: 2. For the purposes of the first subparagraph, non-governmental entities or organisations promoting consumer protection and meeting any requirements under national law shall be deemed to have sufficient interest.

AddedMember States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affectchange the accuracy of a claim, and no later than 5 years from the date when the information referred to in Article 5(6) is provided. In the review, the trader shall revise the used underlying information to ensure that the requirements of Articles 3 and 4 are fully complied with. [Am. 107]

RemovedArticle 16 a (new): Article 16a / Consultation Forum / The Commission shall ensure that when it conducts its activities, it observes a balanced participation of Member States’ representatives and all relevant interested parties involved in the development of secondary legislation on explicit environmental claims, such as industry, including SMEs and craft industry, farmers, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. Those parties shall contribute, in particular, to preparing the delegated acts referred to in paragraph 4 of Article 3.

AddedThe trader shall not be obliged to review the substantiation nor reapply for certification in case of spelling mistakes or other cosmetic changes in the text of the claim if it does not affect the substance and accuracy of the claim. [Am. 108]

RemovedArticle 17 – paragraph 2 – point c: (c) the financial strength of the natural or legal person held responsible, as indicated for example by the total turnover of the legal person held responsible or the annual income of the natural person held responsible, taking also into account the inability to adapt, particularly for small and medium-sized enterprises, agricultural cooperatives and small farms that lack the expertise and resources needed to deal with applications for information relating to environmental performance throughout a product's lifecycle and the overall environmental footprint;

AddedThe updated explicit environmental claim shall be subject to verification in accordance with Article 10.

RemovedArticle 17 – paragraph 2 – point d a (new): (da) damage incurred as a result of an infringement

AddedArticle 10 Verification and certification of the substantiation and communication of environmental claims and environmental labelling schemes

RemovedArticle 17 – paragraph 3 – subparagraph 1 – point a: (a) fines which effectively deprive those responsible, in whole or in part, of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements;

Added1. Member States shall set up procedures for verifying the substantiation and communication of explicit environmental claims against the requirements set out in Articles 3 to 7. The Commission shall regularly review those procedures. [Am. 109]