Policy Update

Green Claims initiative – Leaked Draft of the Legislative Proposal (GEN – 1456.00)

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GEN – 1456.00. On Friday 20 January 2022, Euractiv leaked the draft proposal of the European Commission on the ‘Green Claims’ initiative, which was already announced in the new Circular Economy Action Plan and saw several delays before publishing.

Aim of the proposal

The aim of the proposal, due to be tabled by the European Commission in the coming weeks, is to help consumers make better-informed choices about the products they buy.

Whether ‘green’, ‘eco’ or ‘environmentally friendly’ – almost half (40%) of the environmental claims made about products are “unsubstantiated”, the Commission says in the draft.

The Green claims directive was expected to be published last year but was delayed several times because of a lack of consensus on methodologies to verify environmental allegations.

Much of the debate centres on the Product Environmental Footprint (PEF) methodology, which the European Commission wants to extend gradually across a wider range of products.

Major outtakes of the leaked document

  • The draft act revolves around using approved life-cycle analysis methodologies to back their ‘green’, ‘eco’ and any other environmental claims on their products, namely the PEF/OEF method.
  • The PEF/OEF method will not be the only one recognised by the Commission and will allow for the use of other approved methods and labelling schemes – once developed and approved by EU expert groups, they will be set into legislation via Delegated Acts.
    • Some of the other options that have been discussed include other life-cycle assessment methodologies, the EU Ecolabel, public procurement criteria, and even the EU Taxonomy.
    • International standards will also be taken into account
  • Requirements will extend also to Member States, who on their side will have to set up verification systems that will be carried out by independent entities. Furthermore, this will be followed by a penalty system for non-compliance, based on common criteria.
  • The requirements set out in this Directive shall concern environmental claims made by traders in business-to-consumer commercial practices

Recommended actions

Eurovent Product Groups as well as TF-EPD might want to have a better look at the draft proposal.

Related documents and links

All related documents and articles can be found in the respective sections in the right sidebar.

  • GEN – 1456.01 – Green claims directive – Leaked text
  • GEN – 1456.02 – Green claims directive – Leaked text Annex
  • Link to Euractiv webpage