What changed between the plenary report and the adopted text

Removed:Article 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 regularly review those procedures.

Added:(p) other existing or future Union rules setting out the conditions under which certain explicit environmental claims about certain products or traders may be or are to be made or Union rules laying down requirements on the assessment or communication of environmental impacts, environmental aspects or environmental performance of certain products or traders or conditions for environmental labelling schemes. [Am. 49]

Removed:Article 10 – paragraph 3 a (new): 3a. 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.

Added:2a. The Commission is empowered to adopt delegated acts in accordance with Article 18 to amend the list referred to in paragraph 2 to delete or add new or revised legislation where they provide a level of requirements that can be considered equivalent to those provided by this Directive. The requirements that shall be required to be equivalent include:

Removed:Article 10 – paragraph 3 b (new): 3b. 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. / The information required in Article 5(6) shall be that of the environmental labelling scheme.

Added:(a) the level of disclosure of information;

Removed:Article 10 – paragraph 4 a (new): 4a. 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.

Added:(b) the requirements on third-party verification prior to the claim being put on the market;

Removed:Article 10 – paragraph 7: 7. 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.

Added:(c) the level of enforcement. [Am. 50]

Removed:Article 10 – paragraph 9: 9. 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.

Added:Article 2 Definitions

Removed:Article 10 – paragraph 9 a (new): 9a. Member States may prioritise the verification of existing environmental claims made before the entry into force of this Directive.

Added:For the purposes of this Directive, the following definitions shall apply:

Removed:Article 11 – paragraph 3 – point e: (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;

Added:(1) ‘environmental claim’ means environmental claim as defined in Article 2, point (o), of Directive 2005/29/EC;

Removed:Article 11 – paragraph 3 – point f: (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;

Added:(2) ‘explicit environmental claim’ means an environmental claim that is in textual form or contained in an environmental label;

Removed:Article 11 – paragraph 3 – point g: (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.

Added:(3) ‘trader’ means trader as defined in Article 2, point (b), of Directive 2005/29/EC;

Removed:Article 11 – paragraph 3 – point g a (new): (ga) the verifier shall have a complaint and dispute resolution mechanism in place;

Added:(4) ‘product’ means product as defined in Article 2, point (c), of Directive 2005/29/EC;

Removed:Article 11 – paragraph 3 – point g b (new): (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.

Added:(5) ‘consumer’ means consumer as defined in Article 2, point (a), of Directive 2005/29/EC;

Removed:Article 11 – paragraph 3 a (new): 3a. 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.

Added:(6) ‘business-to-consumer commercial practices’ means business-to-consumer commercial practices as defined in Article 2, point (d), of Directive 2005/29/EC;

Removed:Article 12 – title: Micro, small and medium sized enterprises

Added:(7) ‘sustainability label’ means sustainability label as defined in Article 2, point (r), of Directive 2005/29/EC;

Removed:Article 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 at least include guidelines with specific examples and procedures to comply with the requirements on explicit environmental claims. Without prejudice to applicable state aid rules, such measures to be taken by the Member States shall include one or more of the following:

Added:(8) ‘environmental label’ means a sustainability label covering only or predominantlyone or more environmental aspects of a product, a process or a trader; [Am. 51]

Removed:Article 12 – paragraph 1 – point a a (new): (aa) other mechanisms to raise awareness of ways to comply with the requirements on explicit environmental claims;

Added:(9) ‘product group’ means a set of products that serve similar purposes or are similar in terms of use or have similar functional properties;

Removed:Article 12 – paragraph 1 – point d: (d) tailor-made organisational and technical assistance.

Added:(10) ‘certification scheme’ means a certification scheme as defined in Article 2, point (s), of Directive 2005/29/EC;

Removed:Article 12 – paragraph 1 – point d a (new): (da) specialised management and staff training.

Added:(11) ‘verification’ means the conformity assessment process carried out by a verifier to verify whether the substantiation and communication of the explicit environmental claims are in compliance with the requirements set out in this Directive or whether environmental labelling schemes comply with this Directive;

Removed:Article 12 – paragraph 1 a (new): In 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.

Added:(12) ‘value chain’ means all activities and processes that are part of the life cycle of a product or activity of a trader, including remanufacturing, reuse, recycling and end-of-life; [Am. 52]

Removed:Article 12 – paragraph 1 b (new): Member 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.

Added:(13) ‘life cycle’ means the consecutive and interlinked stages of a product’s life, consisting of raw material acquisition or generation from natural resources, pre-processing, manufacturing, storage, distribution, installation, use, maintenance, repair, upgrading, refurbishment as well as re-use, and end-of-life;

Removed:Article 12 a (new): Article 12a / 1. 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: / 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; / b) facilitate a faster approval of the most common environmental claims, in accordance with the list outlined in Article 3, paragraph 4a; / 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; / 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. / 2. 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.

Added:(14) ‘primary information’ means information that is directly measured or collected by the trader from one or more facilities that are representative for the activities of the trader;

Removed:Article 13 – paragraph 2: 2. 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. Member States shall ensure that consumers whose economic interests are harmed by non-compliance with this Directive have access to proportionate and effective remedies in accordance with Article 11a of Directive 2005/29/EC.

Added:(15) ‘secondary information’ means information that is based on other sources than primary information including peer-reviewed literature studies, engineering studies and patents. [Am. 53]

Removed:Article 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 referred to 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 within 30 days, 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. / The competent authorities may decide upon a duly justified request from the trader, in exceptional cases, to grant the trader one extension to the original 30 days, during which the trader will be required to take all appropriate corrective action.

Added:(16) ‘public’ means one or more natural or legal persons and their associations, traders or groups;

Removed:Article 15 – paragraph 3 a (new): 3a. Where the competent authorities of a Member State establish that an explicit environmental claim or an environmental labelling scheme does not comply with the requirements laid down in this Directive, it shall require the trader to disclose, without undue delay, if the explicit environmental claim or the environmental labelling scheme has been communicated in another Member State. Where this is the case, the competent authorities who established the non-compliance shall notify without undue delay the competent authorities of the other Member States where the claim or label have been communicated of the result of the evaluation pursuant to Article 15(3).

Added:(17) ‘environmental performance’ means the performance of a certain product or product group or trader or sector related to the environmental aspects or environmental impacts of that product or product group or the activities of that trader or sector;

Removed:Article 15 – paragraph 3 b (new): 3b. Where the competent authorities of a Member State establish that verifiers have repeatedly issued certificates of conformity for explicit environmental claims that do not comply with the requirements laid down in this Directive, the verifier's accreditation shall be withdrawn without undue delay.

Added:(18) ‘environmental aspect’ means an element of a trader’s or sector’s activities or of products or product groups that interact or can interact with the environment.

Removed:Article 16 – paragraph 1: 1. Natural or legal persons or organisations regarded under Union or national law as having a sufficient interest shall be entitled to submit substantiated complaints to competent authorities when they deem, on the basis of objective circumstances, that one or more traders or verifiers is failing to comply with the provisions of this Directive.

Added:(19) ‘environmental impact’ means any measurable change to the environment, whether positive or negative, that wholly or partially results from a trader’s or sector’s activities or from a product or product group during its life cycle. [Am. 54]

Removed:Article 16 – paragraph 3: 3. Competent authorities shall without undue delay assess the substantiated complaint referred to in paragraph 1 and, where necessary, take the necessary steps, including inspections and hearings of the person or organisation and traders or verifiers concerned, with a view to detecting non-compliance with the provisions of this Directive and verifying those complaints. If confirmed the competent authorities shall take the necessary actions in accordance with Article 15.

Added:(19a) ‘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. 55]

Removed:Article 16 – paragraph 4: 4. Competent authorities shall, as soon as possible and in any case within 30 days from receiving the substantiated concern and in accordance with the relevant provisions of national law, inform the person or organisation referred to in paragraph 1 that submitted the complaint of its decision to accede to or refuse the request for action put forward in the complaint and shall provide the reasons for it and a description of the further steps and measures it will take. Competent authorities shall allow for additional information to be provided by the person who has submitted the concern.

Added:Article 3 Substantiation of explicit environmental claims

Removed:Article 16 – paragraph 6: 6. Member States shall ensure that practical information is made available to the public free of charge in an easily accessible and understandable manner on access to the administrative and judicial review procedures referred to in this Article.

Added:1. Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims. This assessment shall:

Removed:Article 18 a (new): Article 18a / Consultation forum / The Commission shall establish a green claims consultation forum (the Forum) involving balanced participation of Member States’ representatives and all relevant interested parties, such as industry representatives, including micro, small and medium-sized enterprises and craft industry representatives, trade unions, traders, retailers, importers, academic researchers, environmental protection groups and consumer organisations. The Commission shall consult the forum on the following: / (i) the establishment of the working plans referred to in Article 3(4a); / (ii) the development of delegated acts; / (iii) update to the requirements for the substantiation and communication of environmental claims; / (iv) any evaluation of the requirements for the substantiation and communication of environmental claims; / (v) any evaluation of the effectiveness of the existing requirements for the substantiation and communication of environmental claims.

Added:(a) specify if the claim is related to the whole product, part of a product, part of a life-cycle of a product, or certain aspects of a product, or to all activities of a trader or a certain part or aspect of these activities, as relevant to the claim; [Am. 56]