绿色索赔指令将如何破坏可持续性

2IntroductionMany labels claim products are 'greener', 'more sustainable' or 'eco-friendlier' than others. In 2020,there were around 230 activeecolabelsin Europe, and 100 private green energy labels have beenmapped in the EU. Can consumers or companies be sure that these claims are based on solidgrounds? In 2020, theEuropean Commissionfound that 53 % of examined environmental claims inthe EU were vague, misleading or unfounded, and 40 % were unsubstantiated. The absence ofspecific EU rules contributes to this situation.The 2019 communication on theEuropean Green Dealstressed the need to rethink a broad rangeof EU policies to transform the EU economy for a more sustainable future – including those policiesaffecting production and consumption.A number of initiatives to set up a product policy framework, aiming at making sustainable products,services and business models the norm and to transform consumption patterns was put forward inthecircular economy action planof March 2020. The Commission announced that it would proposea revision of EU consumer law to ensure that consumers receive trustworthy and relevantinformation on products at the point of sale –on their lifespan, for instance. It also announced thatitwould aim to reinforce consumer protection against greenwashing,setting minimumrequirements for sustainability labels/logos and for information tools. The Commission explainedthat it would propose that businesses substantiate their environmental claims using product andorganisation environmental footprint methods. The Commission's Joint Research Centre (JRC) hasdeveloped suchmethodsto assess products' full life cycle impacts. They can measure emission andresource use, up to final waste management. The methods also enable a comparison of impacts forsimilar products, and the JRC provides advice on how to communicate the results to the public.The green transition is furthermore one of the key priority areas covered by thenew consumeragendapublished in November 2020. This stressed that consumers need to be better protectedagainst 'information that is not true or presented in a confusing or misleading way to give theinaccurate impression that a product or enterprise is more environmentally sound, called"greenwashing" '.The March 2022 proposal for a directiveempowering consumers for the green transitionaimed toamendDirective 2011/83/EU on consumer rightsandDirective 2005/29/EC on unfair business-to-consumer commercial practicesto tackle unfair commercial practices that mislead consumers awayfrom sustainable consumption. The Council and Parliament reachedprovisional agreementonthisfileon 19 September 2023, which was formallyadoptedon 20 February 2024. Among other things,the new directive prohibits making a generic environmental claim for which the company is not ableto demonstrate recognised excellent environmental performance relevant to the claim. Theproposal for a directive on green claims aims to complement other parts of the file by proposingmore specificrules on environmental claims(on their substantiation,communication andverification).Parliament's starting positionIn itsresolutionof January 2020 on the European Green Deal, the Parliament highlighted theimportance of empowered and well-informed consumers to support a clean and circular economy.It called on measures to ensure that consumers receive transparent, comparable and harmonisedproduct information, including the labelling of products, based on solid data, so that they are ableto make healthier and more sustainable choices.In itsresolutionof November 2020, entitled 'towards a more sustainable single market for businessand consumers', the Parliament welcomed the announced legislative proposal on substantiatinggreen claims and called for the development of clear guidelines and standards for green claims andcommitments that translate into stronger eco-label certifications. It also recommended assessing 3the possibility of the establishment of a public European register listing authorised and bannedenvironmental claims, as well as the conditions and steps to be taken to assert a claim.In itsresolutionof February 2021 on the new circular economy action plan, the Parliament pointedto the right of consumers to receive better information on the environmental and climate impactsof products throughout their lifecycle. It called for measures to counter greenwashing and falseenvironmental claims regarding products, and reiterated its support for the Commission's plan toput forward proposals to regulate the use of green claims. The Parliament also highlighted the needto enforce the recently amendedDirective 2005/29/EC on unfair business-to-consumer commercialpracticesthrough proactive measures tackling green claims.Council starting positionIn itsconclusionsof October 2019 on 'more circularity: transition to a sustainable society', theCouncil expressed it support to all initiatives promoting the communication of environmentalimpacts, and to the establishment of