Changes from plenary report to adopted text

RemovedArticle 17 – paragraph 3 – subparagraph 1 – point b: deleted

Added2. 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 regularly review those procedures. [Am. 110]

RemovedArticle 21 – paragraph 3 – point a: (a) unlocking opportunities for the circular, bio and green economy by assessing the appropriateness and feasibility of indicating the use of common and, where relevant, life-cycle based method for substantiation of environmental claims, including the overall environmental footprint, where appropriate;

Added3. The verification and certification requirements shall apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC only if they so request.

RemovedArticle 21 – paragraph 3 – point b: (b) facilitating transition towards toxic free environment by considering introducing a prohibition of environmental claims for products containing hazardous substances except where the demonstration of safe usage can be established through other existing legal stipulations in Union law, or their use is considered essential for the society in line with the criteria to be developed by the Commission;

Added3a. When setting up the procedures referred to in paragraphs 1 and 2, Member States shall ensure that the cost of verification and certification shall take into account the complexity of the substantiation of the claim, and the size and turnover of traders requesting verification and certification with a particular regard to micro, small and medium-sized enterprises. [Am. 111]

RemovedArticle 21 – paragraph 3 – point c: (c) further harmonisation as regards requirements on the substantiation of specific environmental claims on environmental aspects or impacts such as durability, reusability, reparability, recyclability, recycled content, use of natural content, including fibers, environmental performance renewability or sustainability, bio-based elements, biodegradability, biodiversity, waste prevention and reduction;

Added3b. The verification requirements shall not apply to traders displaying an environmental label verified in accordance with this Article when making an explicit environmental claim regarding environmental aspects, impacts and environmental performance certified by that label.

RemovedArticle 21 – paragraph 3 – point c a (new): (ca) as part of the evaluation and review referred to in paragraph 1 of this Article, and to ensure a level playing field among traders, the Commission shall undertake an impact assessment of the measures established for micro, small and medium-sized enterprises in Articles 4, 5, 10 and 12, and consider their review after the Directive is implemented.

AddedThe information required in Article 5(6) shall be that of the environmental labelling scheme. [Am. 112]

RemovedArticle 25 – paragraph 1 – subparagraph 1: Member States shall adopt and publish by [OP please insert the date = 24 months after the date of entry into force of this Directive] the laws, regulations and administrative provisions necessary to comply with this Directive. They shall immediately communicate the text of those measures to the Commission.

Added4. The verification 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.

RemovedArticle 25 – paragraph 1 – subparagraph 2: They shall apply those measures from [OP please insert the date = [36] months after the date of entry into force of this Directive].

Added4a. The verification of explicit environmental claims and environmental labelling schemes shall be completed within 30 days. The verifier may decide to extend the period for verification for more than 30 days in duly justified cases. Verifiers shall provide an estimation of the period of the verification procedure to the trader on the date when the request for verification has been submitted. [Am. 113]

Added5. For the purposes of the verification the verifier shall take into account the nature and content of the explicit environmental claim or the environmental label.

Added6. Upon completion of the verification, the verifier shall draw up, where appropriate, a certificate of conformity certifying that the explicit environmental claim or the environmental label complies with the requirements set out in this Directive.

Added7. The certificate of conformity shall be recognised by the 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. Once a certificate of conformity is delivered and notified, the labelling scheme or the environmental claim can be used within the Union, insofar as that the scheme or the claim is communicated in a language that can be understood by consumers in the Member States where the product or service is marketed. The certificates of conformity shall be made publicly available in a searchable database clearly identifying the trader, the type of claim, the assessment method and the sector. [Am. 114]

Added8. The certificate of conformity shall not prejudge the assessment of the environmental claim by national authorities or courts in accordance with Directive 2005/29/EC.

Added9. By ... [12 months from the date of 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. [Am. 115]

Added9a. Member States may prioritise the verification of existing environmental claims made before the entry into force of this Directive. [Am. 116]

AddedArticle 11 Verifier

Added1. The verifier shall be a third-party conformity assessment body accredited in accordance with Regulation (EC) No 765/2008.

Added2. The accreditation shall, in particular, include the evaluation of compliance with the requirements in paragraph 3.

Added3. The verifier shall comply with the following requirements:

Added(a) the verifier shall be independent of the product bearing, or the trader associated to, the environmental claim;

Added(b) the verifier, its top-level management and the personnel responsible for carrying out the verification tasks shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to the verification activities;

Added(c) the verifier and its personnel shall carry out the verification activities with the highest degree of professional integrity and the requisite technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their verification activities,

Added(d) the verifier shall have the expertise, equipment and infrastructure required to perform the verification activities in relation to which it has been accredited;

Added(e) the verifier shall have adequate resources, in particular technical capabilities and a sufficient number of suitably qualified and experienced personnel, with experience in life-cycle assessments, where necessary, responsible for carrying out the verification tasks; [Am. 117]

Added(f) the personnel of a verifier shall observe professional secrecy and act in compliance with applicable Union law on the protection of trade secrets, in particular Directive (EU) 2016/943, with regard to all information obtained in carrying out the verification tasks; where the verifier does not receive the prerequisite information for verification due to the protection of trade secrets, the verifier shall not issue a certificate of conformity; [Am. 118]

Added(g) where a verifier subcontracts specific tasks connected with verification or has recourse to a subsidiary, it shall take full responsibility for the tasks performed by subcontractors or subsidiaries and shall assess and monitor the qualifications of the subcontractor or the subsidiary and the work carried out by them. Requirements of paragraph 3, points (a) to (f), shall apply also to subcontractors and subsidiaries. [Am. 119]

Added(ga) the verifier shall have a complaint and dispute resolution mechanism in place; [Am. 120]

Added(gb) the verifier who grants the certificate of conformity shall be responsible for the accuracy of the assessment of the claim which is being certified and be held accountable if an investigation finds that it has been negligent in its assessment. This accountability applies, however, only insofar as the trader did not engage in misleading commercial practices as underlined in Annex 1 of Directive 2005/29/EC. [Am. 121]

Added3a. Accredited verifiers established in one Member State in accordance with Regulation (EC) No 765/2008 may perform verification activities in any other Member State under the same conditions as accredited verifiers established in that Member State. [Am. 122]

AddedArticle 12 Micro, small and medium sized enterprises [Am. 123]

AddedMember 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 at least include guidelines or similar mechanisms to raise awareness of wayswith specific examples and procedures to comply with the requirements on explicit environmental claims. In addition, Without prejudice to applicable state aid rules, such measures mayto be taken by the Member States shall include one or more of the following: [Am. 124]

Added(a) financial support;

Added(aa) other mechanisms to raise awareness of ways to comply with the requirements on explicit environmental claims; [Am. 125]

Added(b) access to finance;

Added(c) specialised management and staff training;

Added(d) tailor-made organisational and technical assistance. [Am. 126]

Added(da) specialised management and staff training. [Am. 127]

AddedIn the context of Union programmes from which micro, small and medium-sized enterprises can benefit, the Commission shall take into account and promote initiatives which can facilitate the compliance of micro, small and medium-sized enterprises with the requirements set out in this Directive. [Am. 128]

AddedMember States shall designate single points of contact for microenterprises and small and medium-sized enterprises from where they can request information on complying with the requirements on explicit environmental claims and on the available support referred to in the previous subparagraph. [Am. 129]

AddedArticle 12a Simplified verification system

Added1. By ... [18 months after the entry into force], the Commission shall establish, by means of a delegated act, a simplified verification system that allows traders to benefit from a simplified procedure, that may include a presumption of conformity, for certain environmental claims. In that simplified verification system, the Commission shall, where appropriate:

Added(a) prioritise environmental claims that do not require the conduct of a full life-cycle analysis or the use of complex methods, due to the nature of the claim;

Added(b) facilitate a faster approval of the most common environmental claims, in accordance with the list outlined in Article 3, paragraph 4a;

Added(c) facilitate the approval of environmental claims that are based on and conform to standards or methods, such as for life-cycle analysis, that have been officially recognised by the Commission, in accordance with paragraph 2 of this Article;

Added(d) allow for certification of environmental claims and environmental labels based on product specific and sectoral category rules developed pursuant to Article 3(4)(c) and 5(8), where such rules already foresee third-party verification.

Added2. In accordance with paragraph 1, the Commission shall develop a database of those recognised standards and methods that may benefit from a simplified procedure, which shall be regularly reviewed and updated. [Am. 130]

AddedArticle 13 Designation of competent authorities and coordination mechanism

Added1. Member States shall designate one or more competent authorities as responsible for the application and enforcement of this Directive.

Added2. For the purpose of the enforcement of Articles 5 and 6, Member States may designate the national authorities or courts responsible for the enforcement of Directive 2005/29/EC. In that case, Member States may derogate from Articles 14 to 17 ofshall ensure that consumers whose economic interests are harmed by non-compliance with this Directive have access to proportionate and effective remediesand apply the enforcement rules adopted in accordance with Articles 11 to 13Article 11a of Directive 2005/29/EC. [Am. 131]

Added3. Where there is more than one competent authority in their territory, Member States shall ensure that the respective duties of those authorities are clearly defined and that appropriate communication and coordination mechanisms are established.

Added4. Member States shall notify the Commission and other Member States without delay of the identity of the competent authorities in their Member State and the areas of competence of those authorities.

AddedArticle 14 Powers of the competent authorities

Added1. Member States shall confer on their competent authorities the powers of inspection and enforcement necessary to ensure compliance with this Directive.

Added2. The powers conferred on competent authorities under paragraph 1 shall include at least the following:

Added(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, and the power to take or obtain copies thereof;