What changed between the plenary report and the adopted text

Removed:EXPLANATORY STATEMENT

Added:(ha) for use of carbon credits in accordance with paragraph 3b, indicate the share of residual emissions expressed as a share of base-year emissions, the share of biogenic and fossil emissions within these residual emissions and the quantity and type of activity (permanent carbon removal, carbon storage in products, carbon farming sequestration, or soil emission reductions, as defined in [Regulation (EU) .../... establishing a Union certification framework for permanent carbon removals, carbon farming and carbon storage in products]) underlying the credits used, providing evidence that the credits have been appropriately retired from the registry of the certification scheme, in order to avoid double counting; [Ams. 157 and 168]

Removed:In March 2023, the Commission adopted a proposal for a Directive on Green Claims to ensure that consumers receive reliable, comparable and verifiable environmental information on products. A study conducted by the European Commission in 2020 showed that over a half of environmental claims in the internal market provide vague, misleading or unfounded information with 40% of such claims being unsubstantiated. The proliferation of such claims with varying degrees of transparency and credibility have resulted in a lack of trust from the European consumers, which needs to be addressed. The Co-Rapporteurs therefore commend the overall spirit and aims of this proposal, which seeks to set common criteria against greenwashing and misleading environmental claims and to boost the competitiveness of businesses, which are striving to increase the environmental sustainability of their products and activities. Such harmonisation will strengthen the internal market for more sustainable products for the benefit for our consumers and businesses alike.

Added:(i) include primary information available to the trader for environmental impacts, environmental aspects or environmental performance, which are subject to the claim that is accessible or obtainable by the trader, including through possession, research or procurement; [Am. 62]

Removed:The Co-Rapporteurs propose various measures to strengthen the Commission proposal. The key priorities of the Co-Rapporteurs were to ensure that the measures and mechanisms which the Commission proposal brings forward in relation to communication, substantiation and verification of explicit environmental claims are robust, future proof and that provide adequate certainties for consumers and the necessary predictability for companies operating on the internal market. At the same time, it is important that this proposal include measures to support SMEs to comply with the new requirements when making voluntary green claims.

Added:(j) include as a supplement to primary information, relevant secondary information for environmental impacts, environmental aspects, or environmental performance which is representative of the specific value chain of the product or the trader on which a claim is made, in cases where no primary information is available, accompanied with a justification of why secondary information has been used. [Am. 63]

Removed:Keeping in mind the appalling situation of flagrant greenwashing in European markets, the co-rapporteurs agree that the Commission’s ex-ante verification system remains in place. Verifiers will have 30 days to complete the verification, with a possibility to lengthen the deadline in justified cases. Traders who are found to have made non-compliant claims are also to take corrective action within 30 days, and can only in duly justified and exceptional cases apply for a derogation for an extended period of time.

Added:(ja) for use of carbon credits for contribution claims, ensure no financial contribution is used to claim an improved climate or environmental impact of the product or trader, and separate any financial contributions from the climate or environmental impact of the product or trader as additional environmental information. [Am. 64]

Removed:The co-rapporteurs propose a simplified verification system that allows traders to benefit from a shortened substantiation procedure that may include a presumption of conformity of verification for certain environmental claims by means of delegated acts. The aim is to prioritise environmental claims that do not require the conduct of a full life-cycle analysis or the use of complex methodologies, due to the nature of the claim; to facilitate a faster approval of the most common environmental claims; to allow for certification of environmental claims that are based on and conform to standards of methodologies, such as for life-cycle analysis, that have been officially recognised by the Commission and finally to allow for certification of environmental claims and environmental labels based on product specific and sectoral category rules, where such rules already foresee third-party verification. Furthermore, the Commission shall develop a database of officially recognised standards and methodologies which shall be regularly reviewed and updated.

Added: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 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 is available.

Removed:To ensure that the systems in place are robust and future proof, the Co-Rapporteurs propose measures to ensure that the assessment for the substantiation of explicit environmental claims relies on primary information albeit traders may utilise secondary information in cases where primary information is unavailable.

Added:3. The requirements set out in paragraphs 1 and 2 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.

Removed:With regard to secondary legislation concerning the substantiation of explicit environmental claims, the Co-Rapporteurs include measures, which provide for a balanced participation of interested parties in the preparation of delegated acts. In order to ensure robust measures, which fight greenwashing and ensure that consumers are adequately protected, the Co-Rapporteurs made sure that the Directive covers all forms of environmental claims, including any sustainability labels, which cover environmental aspects.

Added:3a. Environmental claims on neutral, reduced or positive environmental impact for a product based on the use of carbon credits shall be prohibited, in line with Directive 2005/29/EC as amended by Directive (EU) .../... of the European Parliament and of the Council [Empowering Consumers for the Green Transition]. [Ams. 159 and 169]

Removed:With a view to ensuring the necessary predictability for traders and verifiers, the Co-Rapporteurs sought to provide clarification on which kind of scientific evidence can be used for the assessment to substantiate environmental claims by specifying that the evidence must be independent, peer-reviewed, widely recognized, robust, and verifiable scientific evidence, using accurate information, and taking into account relevant Union or international standards.. They also provided further clarity for existing environmental labelling schemes established by private operators with enabling existing environmental labelling schemes to continue being used on the Union market, provided they meet the requirements of the Directive. The Co-Rapporteurs believe that the framework needs to be open for future innovation and have therefore deleted the proposed ban on new environmental labelling schemes that might be established by Member States or their regions. However, all environmental labelling schemes are to have robust monitoring and evaluation systems in place and have the necessary transparent procedures for dealing with cases of non-compliance.

Added:3b. Compensation claims based on the use of carbon credits may only be made in respect of the residual emissions of a trader in accordance with the delegated act set out in Article 3(4a). For claims on future environmental performance based on the use of carbon credits, the trader shall comply with the relevant rules set out in Delegated Regulation (EU) 2023/2772. The carbon credits used must be certified units issued in accordance with [Regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals], or other units in accordance with paragraph 3c. Where the use of units is for compensation of fossil emissions, the claim shall be substantiated by permanent removals as defined in [Regulation (EU) .../... of the European Parliament and of the Council establishing a Union certification framework for carbon removals]. [Ams. 160 and 170]

Removed:Furthermore, measures which strengthen the transparency requirements for consumers to have better access to information used to substantiate explicit environmental claims are introduced. The Co-rapporteurs have also sought to contribute through this Directive towards the transition of a toxic-free environment, empowering the Commission to restrict or prohibit the use of environmental claims on certain products that contain substances that are harmful to the environment or human health.

Added:3c. Certified units other than those issued in accordance with [Regulation establishing a Union certification framework for permanent carbon removals, carbon farming and carbon storage in products] may be used in duly justified cases where those schemes are recognised by the Commission as part of the list of compliant schemes corresponding to at least equivalent requirements to those provided by [Regulation (EU) .../... establishing a Union certification framework for permanent carbon removals, carbon farming and carbon storage in products], in particular with regard to monitoring, reporting, verification and liability requirements, and ensuring no double counting. The Commission is empowered to adopt delegated acts in accordance with Article 18 to list recognised carbon credit schemes that are considered to comply with such equivalent requirements. [Ams. 161 and 171]

Removed:Making an environmental claim on a product that is based on offsets is prohibited as was agreed in the Empowering Consumers Directive. Concerning environmental claims made by traders, offsets will only be allowed for the residual emissions of a trader if using carbon credits under the Carbon Removals Certification Framework. The Commission may enable the use of other schemes when these correspond to equivalent requirements to those set out in the Carbon Removals Certification Framework.

Added:3d. By ..[18 months after the entry into force of this Directive], the Commission shall provide a report on the use of explicit environmental claims on products or product groups containing substances or preparations/mixtures meeting the criteria for classification as toxic, hazardous to the environment, carcinogenic, mutagenic or toxic for reproduction (CMR), causing endocrine disruption to human health or the environment, persistent, bioaccumulative and toxic (PBT), very persistent, very bioaccumulative (vPvB), persistent, mobile and toxic (PMT), or very persistent, very mobile (vPvM) properties as defined in Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, and substances referred to in Article 57 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency. That report shall evaluate for which products or product groups the use of explicit environmental claims is misleading and assess the need for restrictions or prohibitions on the use of explicit environmental claims for these products or product groups in view of preventing misleading claims and contributing to the protection of human health and the environment.