Changes from plenary report to adopted text

RemovedRecital 66: (66) In order to assess the performance of the legislation against the objectives that it pursues, the Commission should carry out a periodic evaluation of this Directive and present a report on the main findings to the European Parliament and the Council. In order to inform an evaluation of this Directive, Member States should regularly collect information on the application of this Directive and provide it to the Commission on an annual basis, that being a key part of the continuous monitoring and evaluation of the implementation of the Directive. That approach makes it possible to amend and improve legislation based on practical experiences and developments in the field of environmental and consumer protection.

Added(a) include a time-bound, science-based and measurable commitment for improvements inside own operations and value chains,

RemovedArticle 1 – paragraph 2 – introductory part: 2. This Directive does not apply to environmental labelling schemes or to explicit environmental claims regulated by or substantiated and verified by rules established in:

Added(b) include an implementation plan containing measurable and verifiable interim targets and other relevant elements necessary to support implementation, such as allocation of resources, a monitoring plan and a reporting plan based on reporting and verifications at regular intervals,

RemovedArticle 1 – paragraph 2 – point k: (k) Regulation [EU]…/… of the European Parliament and of the Council on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC; / (deleted)

Added(c) make publicly available the information referred to in points (a) and (b), including the results of reporting. [Am. 79]

RemovedArticle 2 – paragraph 1 – point 2: (2) ‘explicit environmental claim’ means an environmental claim that is in textual form, symbolic form or contained in an environmental label or in a form of their digital alternatives;

Added5. Explicit environmental claims on the cumulative environmental impacts of a product or trader based on an aggregated indicator of environmental impacts can be made only when they are based on environmental labels compliant with Article 7. Where such claims are made,on the basis of rules used to calculate suchthe aggregated indicator that are established in the Union lawshall be communicated to the consumers. [Am. 80]

RemovedArticle 3 – paragraph 1 – introductory part: 1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims. This assessment shall be clearly connected and strictly relevant to the substantiation of the respective claim and shall:

Added6. Information on the product or the trader that is the subject of the explicit environmental claim and on the substantiation shall be made publicly available together with the claim in a physical form or in the form of a weblink, QR code, digital product passport or equivalent. [Am. 81]

RemovedArticle 3 – paragraph 1 – point b: (b) rely on widely recognised peer-reviewed scientific evidence, including methods assessed and validated by the Commission, use accurate information and take into account relevant international standards;

AddedThat information shall include at least the following:

RemovedArticle 3 – paragraph 1 – point c: (c) demonstrate that environmental impacts, environmental aspects or environmental performance that are subject to the claim are significant from a life-cycle perspective as defined in ISO 14040:2006, taking into consideration long-term business strategies, and other positive externalities of production systems;

Added(a) environmental aspects, environmental impacts or environmental performance covered by the claim;

RemovedArticle 3 – paragraph 1 – point d: (d) where a claim is made on environmental performance, take into account all environmental aspects or positive or negative environmental impacts which are significant to assessing the environmental performance, including on the basis of an overall life-cycle assessment of a product (‘environmental footprint’);

Added(b) the relevant Union or the relevant international standards, where appropriate;

RemovedArticle 3 – paragraph 1 – point e: (e) demonstrate that the claim reflects requirements imposed by law where mirror clauses are not implemented for the product concerned;

Added(c) the underlying studies, methods or calculations, including the assessment referred to in Article 3, used to assess, measure and monitor the environmental impacts, environmental aspects or environmental performance covered by the claim, without omitting the results of such studies or calculations and, explanations of their scope, assumptions and limitations, unless the information is a trade secret in line with Article 2 paragraph 1 of Directive (EU) 2016/943; [Am. 82]

RemovedArticle 3 – paragraph 1 – point e a (new): (ea) demonstrate that the claim goes beyond the requirements imposed by law on products within the product group, or traders within the sector; existing PEFCR may be used as benchmark, if available; for agriculture related claims demonstrate that they go beyond standards for good agricultural and environmental condition of land and Statutory management requirement as defined in Regulation (EU) 2021/2115, applicable at the level of operator; requirements relating to eco-schemes in the CAP shall be deemed eligible for environmental claims under this Directive;

Added(d) a brief explanation how the improvements that are subject to the claim are achieved;

RemovedArticle 3 – paragraph 1 – point f: (f) provide information whether the product or trader which is subject to the claim performs significantly better regarding environmental impacts, environmental aspects or environmental performance which is subject to the claim than what is common practice for products in the relevant product group or traders in the relevant sector, especially for innovative products;

Added(e) the certificate of conformity referred to in Article 10 regarding the substantiation of the claim and the contact information of the verifier that drew up the certificate of conformity;

RemovedArticle 3 – paragraph 1 – point g: (g) identify whether improving the overall environmental footprint, the environmental impacts, environmental aspects or environmental performance subject to the claim may lead to significant harm in relation to environmental impacts on climate change, resource consumption and circularity, energy consumption, sustainable use and protection of water and marine resources, pollution of air, water and soil, sustainable land use, animal welfare, biodiversity and ecosystems;

Added(ea) a description of the type of monitoring and evaluation system that the environmental labelling scheme has in place to ensure regular assessments of performance and impacts are carried out; [Am. 83]

RemovedArticle 3 – paragraph 1 – point i: deleted

Added(f) for climate-related explicit environmental claims that rely on greenhouse gas emission offsetsuse carbon credits, information referred to in Article 3(1)(h), (ha) and (ja)to which extent they rely on offsets and whether these relate to emissions reductions or removals; [Am. 84]

RemovedArticle 3 – paragraph 1 – point j b (new): (jb) include information about the methodology used by the trader to calculate the claim;

Added(fa) environmental claims by highly-polluting industries shall be made in relative terms to allow consumers to understand the product’s overall negative impact on the environment; [Am. 85]

RemovedArticle 3 – paragraph 2: 2. Where it is demonstrated that significant environmental impacts that are not subject to the claim exist but there is no widely recognised scientific evidence or method to perform the assessment referred to in point (c) of paragraph 1, the trader making the claim on another aspect shall take account of available information and, if necessary, update the assessment in accordance with paragraph 1 once widely recognised scientific evidence or methods are available. To support traders in making the assessment referred to in point (c), the Commission shall, by ... [12 months after the entry into force of this Directive] publish the list of methodologies compliant with Article 3 and update it regularly. That shall include methodologies verified in line with Article 10 (2), point (b).

Added(g) a summary of the assessment including the elements listed in this paragraph that is clear and understandable to the consumers targeted by the claim and that is provided in at least one of the official languages of the Member State where the claim is made.

RemovedArticle 3 – paragraph 2 – subparagraph 1 a (new): A trader whose product or service holds a certification from an environmental labelling scheme in line with Article 7 of this Directive, and is based on specific requirements of a scheme, shall be considered compliant with paragraph 1 of this Article. In accordance with the [Directive (EU) .../... Empowering Consumers for the Green Transition], when a product or service is certified with a certification scheme for which the monitoring of compliance is objective, based on international, Union or national standards and procedures and carried out by a party independent from both the scheme owner and the trader, the trader can assume compliance with paragraph 1 of this Article if the claim is based on specific requirements of that scheme.

Added7. The requirements set out in paragraphs 2, 3 and 6 shall not apply to traders that are microenterprises within the meaning of Commission Recommendation 2003/361/EC unless they request the verification with the aim of receiving the certificate of conformity in accordance with Article 10.

RemovedArticle 3 – paragraph 3 a (new): 3a. Claims, based on greenhouse gas emissions offsetting, made under this Directive, shall be without prejudice to the provisions set out in Annex I to the Directive 2005/29/EC as amended by [Directive (EU) .../... of the European Parliament and of the Council Empowering Consumers for the Green Transition].

Added8. Where the substantiation of certain environmental impacts, environmental aspects or environmental performance is subject to the rules established in delegated acts referred to in Article 3, paragraph 4(a) and paragraph 4(c), The Commission may adopt delegated acts in accordance with Article 18 to supplement the requirements for communication of explicit environmental claims set out in Article 5 by specifying further the information that can be or shall be communicated regarding such environmental impacts, environmental aspects or environmental performance, so as to make sure that the consumers are not misled, in particular where the substantiation of certain environmental impacts, environmental aspects or environmental performance is subject to the rules established in delegated acts referred to in Article 3, paragraph 4(a) and paragraph 4(c). [Am. 86]

RemovedArticle 3 – paragraph 3 b (new): 3b. Carbon farming sequestration units and carbon farming emission reduction units certified under [Regulation (EU) .../2023 of the European Parliament and of the Council on establishing a Union certification framework for carbon removals] may be used for making claims and claims based on offsets under this Directive, without prejudice to the provisions set out in Annex I to the Directive 2005/29/EC as amended by [Directive (EU) .../... Empowering Consumers for the Green Transition] and provisions to be set out in the [Regulation (EU) .../2023 of the European Parliament and of the Council on establishing a Union certification framework for carbon removals].

AddedArticle 6 Communication of comparative environmental claims

RemovedArticle 3 – paragraph 5 – introductory part: 5. When specifying further the requirements for substantiation of explicit environmental claims in accordance with previous paragraph, the Commission shall take into account scientific or other available technical information, including relevant international standards, Union standards included in EU regulations that are higher than international standards, and where relevant consider the following:

AddedComparative environmental claims shall not relate to an improvement of the environmental impacts, environmental aspects or environmental performance of the product that is the subject of the claim compared to the environmental impacts, environmental aspects or environmental performance of another product from the same trader or from a competing trader that is no longer active on the market or from a trader that no longer sells to consumers, unless they are based on evidence proving that the improvement is significant and achieved in the last five years.

RemovedArticle 5 – paragraph 1: 1. Member States shall ensure that a trader is required to communicate an explicit environmental claim in accordance with the requirements set out in this Article. Member States shall ensure that traders’ intellectual property and sensitive business information are protected upon disclosure of the required data.

AddedArticle 7 Environmental labels

RemovedArticle 5 – paragraph 2 a (new): 2a. An explicit environmental claim made by a trader about one product does not apply to any other product, business-to-consumer commercial practice or communication, or trader’s activities or communications in general, and vice versa, without each individual claim being substantiated independently at product or trader level.

Added1. Member States shall ensure that environmental labels fulfil the requirements set out in Articles 3 to 6 and are subject to verification in accordance with Article 10.

RemovedArticle 5 – paragraph 6 – subparagraph 1: Information on the product or the trader that is the subject of the explicit environmental claim and on the substantiation shall be made available together with the claim in a physical form or in the form of a weblink, QR code or equivalent. Existing environmental labelling schemes shall be considered as sufficient information to fulfil requirements set out in this Directive.

Added1a. If an environmental label demonstrates recognised excellent environmental performance as defined in ECGT Article 2(s) or is developed by recognised consumer organisations and when their method is based on the use of scientific and reproducible assessment methods, the label shall only be subject to verification according to Article 10(2), but not the requirements and related testing for each individual product or service group covered by the label. [Am. 87]

RemovedArticle 5 – paragraph 6 – subparagraph 2 – introductory part: That information shall include the following:

Added2. Only environmental labels complying with the requirements of the first paragraph and awarded under environmental labelling schemes established under Union lawthat are based on scientific, independent and reproducible assessment methods and a lifecycle approach may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or a trader. [Am. 88]

RemovedArticle 5 – paragraph 6 – subparagraph 2 – point c: (c) the underlying studies or calculations used to assess, measure and monitor the environmental impacts, environmental aspects or environmental performance covered by the claim, unless the information is a trade secret in line with Article 2 paragraph 1 of Directive (EU) 2016/943112 ;

AddedArticle 8 Requirements for environmental labelling schemes

RemovedArticle 5 – paragraph 6 – subparagraph 2 – point c: (c) the underlying studies or calculations used to assess, measure and monitor the overall environmental footprint, the environmental impacts, environmental aspects or environmental performance covered by the claim, without omitting the results of such studies or calculations and, explanations of their scope, assumptions and limitations, unless the information is a trade secret in line with Article 2 paragraph 1 of Directive (EU) 2016/943112 ;

Added1. Environmental labelling scheme means a certification scheme which certifies that a product, a process or a trader complies with the requirements for an environmental label. [Am. 89]

RemovedArticle 5 – paragraph 6 – subparagraph 2 – point f a (new): (fa) information on carbon removal certificates and the EU’s Carbon Border Adjustment Mechanism, that is in line with the rules of the World Trade Organisation and able to certify reliable claims;

Added2. The environmental labelling schemes shall comply with the following requirements:

RemovedArticle 7 – paragraph 2: 2. Only environmental labels awarded under environmental labelling schemes established under Union law may present a rating or score of a product or trader based on an aggregated indicator of environmental impacts of a product or trader. This paragraph shall apply to all environmental labels presenting a rating or score of a product or trader, including those run by economic and non-economic operators.

Added(a) information about the ownership and the decision-making bodies of the environmental labelling scheme is transparent, accessible, free of charge, easy to understand and sufficiently detailed and available online or on a durable medium; [Am. 90]

RemovedArticle 8 – paragraph 1: (1) Environmental labelling scheme means a certification scheme which certifies that a product, a product-related process or a trader complies with the requirements for an environmental label.

Added(aa) the decision-making bodies of the environmental labelling scheme are free of conflicts of interest and independent from traders using the label; [Am. 91]

RemovedArticle 8 – paragraph 2 – point d: (d) the requirements for the environmental labelling scheme have been developed by experts that can ensure their scientific robustness and have been submitted for consultation to stakeholders that apply or are impacted by the labelling scheme or stakeholder representatives who have reviewed them and ensured their relevance from a societal perspective; the methodology is made public;

Added(b) information about the objectives of the environmental labelling scheme and the requirements and procedures to monitor compliance of the environmental labelling scheme are transparent, accessible free of charge, easy to understand and sufficiently detailed;

RemovedArticle 8 – paragraph 2 – point f: (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;

Added(c) the conditions for joining the environmental labelling schemes are proportionate to the size and turnover of the companies in order not to exclude micro, small and medium enterprises, including by setting reasonable and non-discriminatory fees; [Am. 92]