Substantiation and communication of explicit environmental claims (Green Claims Directive)
TA-9-2024-0131 · P9_TA(2024)0131 · PE753.670
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Parliament's amended version of the proposed Green Claims Directive requires traders to substantiate explicit environmental claims with scientific evidence before making them public.¶¶¶ Claims must be verified by an independent accredited verifier, which issues a certificate of conformity recognised across the Union.¶¶ Environmental labels must follow certification schemes with governance rules; new national or regional public labelling schemes are barred and new private ones need approval.¶¶¶ Microenterprises are exempt from substantiation and communication duties unless they seek a certificate; Member States must support small and medium-sized enterprises.¶¶¶ Member States must designate competent authorities with inspection and enforcement powers, handle complaints, and set effective, proportionate and dissuasive penalties.¶¶¶
Key points
- Traders must carry out an assessment to substantiate explicit environmental claims, based on independent, peer-reviewed scientific evidence and accurate information.¶¶
- The assessment must show the claimed impacts are significant from a life-cycle perspective, compare performance with common practice, and identify negative trade-offs.¶¶¶
- Greenhouse gas offsets must be reported separately from emissions, with their share, type and methodology; claims of neutral or positive impact based on carbon credits are prohibited.¶¶
- Comparative claims must use equivalent data, methods, value-chain coverage and assumptions for the products or traders compared.¶¶¶
- Claims on future environmental performance must include a time-bound, science-based commitment and an implementation plan with measurable interim targets.¶¶¶
- Information on the claim and its substantiation must be publicly available with the claim, in physical form or via weblink, QR code or digital product passport.¶¶
- Environmental labels must comply with the Directive and be verified; only labels based on scientific, independent and reproducible methods may present an aggregated rating.¶¶
- Environmental labelling schemes must meet governance requirements on transparency, independence, stakeholder consultation, complaints and non-compliance procedures.¶¶¶
- No new national or regional public labelling schemes may be set up; new public schemes from Member States or third countries and new private schemes need approval.¶¶¶
- Substantiation must be reviewed and updated when circumstances change and at least every 5 years, with the updated claim verified.¶¶
- Verification must take place before the claim is made public, be completed within 30 days, and result in a certificate of conformity recognised across the Union.¶¶¶
- Member States must designate competent authorities with powers to inspect, investigate, order corrective action within 30 days and impose penalties.¶¶¶
Who is affected
- Traders making explicit environmental claims in business-to-consumer practices must substantiate, communicate and verify them.¶¶¶
- Microenterprises are exempt from substantiation and communication requirements unless they request a certificate of conformity.¶¶
- Small and medium-sized enterprises must receive support, training and single points of contact from Member States.¶¶
- Verifiers must be independent, accredited third-party bodies meeting requirements on expertise, integrity and confidentiality.¶¶¶
- Member States must designate competent authorities, set penalties and ensure access to justice for complaints.¶¶¶
Figures and deadlines
- Environmental claims on neutral, reduced or positive impact based on carbon credits are prohibited.¶
- Substantiation must be reviewed and updated no later than 5 years from when the information is provided.¶
- Verification must be completed within 30 days, extendable in duly justified cases.¶
- Corrective action must be taken within 30 days, with one possible extension on justified request.¶¶
- Maximum fines must be at least 4% of the trader's annual turnover in the Member State(s) concerned.¶
- Temporary exclusion from public procurement and funding may last a maximum of 12 months.¶
- Member States must transpose the Directive by 18 months after entry into force and apply it from 24 months after entry into force.¶¶
- The Directive applies to small enterprises by 42 months after its entry into force.¶
Legal basis: Article 114 of the Treaty on the Functioning of the European Union.¶