Proposal for a Directive on substantiation and communication of explicit environmental claims (Green Claims Directive)

Summary:

Legislative initiative tabled by the European Commission on 22 March 2023, seeking to address misleading claims about the environmental merits of products and services. It is also known as the draft Green Claims Directive (GCD).

Further information:

The European Green Deal vows to make consumers more empowered to make better informed choices and play an active role in the ecological transitions. It sets out a commitment to tackle false environmental claims by ensuring that buyers receive reliable, comparable and verifiable information to enable them to make more sustainable decisions and to reduce the risk of greenwashing. This issue was subsequently set as a priority both under the latest Circular Economy Action Plan and the New Consumer Agenda. The co-legislators have both urged the Commission to consider further action in this regard. The outcome of the Conference on the Future of Europe (CoFoE) also called for more transparency as regards sustainability and environmental footprint of products.

Evidence collected to support this draft law suggests that misleading practices, such as green washing and lack of transparency and credibility of environmental labels, occur at various stages of the consumption journey. In March 2022, the European Commission adopted a draft law updating the Unfair Commercial Practices Directive (UCPD) to ensure that consumers are protected and empowered to contribute actively to the green transition. The present draft Directive provides more specific rules (lex specialis) and complements the other initiative. They both aim at tackling a common set of problems by implementing different elements of the same preferred policy package.

This draft law was adopted by the European Commission on 22 March 2023.

Official

European Commission: DG Environment: Green claims https://environment.ec.europa.eu/topics/circular-economy/green-claims_en

European Commission: Press Release, 22/03/2023: Consumer protection: enabling sustainable choices and ending greenwashing https://ec.europa.eu/commission/presscorner/detail/en/IP_23_1692

European Commission: Questions and Answers on European Green Claims (22 March 2023) https://ec.europa.eu/commission/presscorner/detail/en/qanda_23_1693

European Commission: Remarks by Commissioners Reynders and Sinkevičius on measures against misleading environmental claims and on the right to repair (22 March 2023) https://ec.europa.eu/commission/presscorner/detail/en/speech_23_1830

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News

The Guardian, 28/02/2023: EU to crack down on greenwashing with ‘proportionate’ penalties https://www.theguardian.com/environment/2023/feb/28/eu-to-crack-down-on-greenwashing-with-proportionate-penalties

Euronews, 22/03/2023: EU vows to crack down on greenwashing with new rules for labels https://www.euronews.com/my-europe/2023/03/22/eu-vows-to-crack-down-on-greenwashing-with-new-rules-for-labels

EurActiv, 22/03/2023: EU clamps down on misleading ecolabels with penalties against greenwashing https://www.euractiv.com/section/energy-environment/news/au-clamps-down-on-misleading-ecoloabels-with-penalties-against-greenwashing/

Deutsche Welle, 22/03/2023: EU plans clampdown on corporate 'greenwashing' https://p.dw.com/p/4P4GS

France24, 22/03/2023: EU bids to clean up product 'greenwashing' mess https://www.france24.com/en/live-news/20230322-eu-bids-to-clean-up-product-greenwashing-mess

RTÉ News, 22/03/2023: EU to propose clampdown on companies using fake 'green' claims https://www.rte.ie/news/business/2023/0322/1365602-fake-greenwashing/

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Commentary and Analysis

Social Europe, 09/03/2023: Corporate greenwashing — misusing ‘net zero’ pledges https://www.socialeurope.eu/corporate-greenwashing-misusing-net-zero-pledges

European Environmental Bureau (EEB): News, 16/03/2023: EU Commission prepares to crack down on greenwashing with new Green Claims law https://eeb.org/eu-commission-prepares-to-crack-down-on-greenwashing-with-new-green-claims-law/

European Consumer Organisation (BEUC): Press Release, 22/03/2023: Promising EU plans to tackle greenwashing and promote repair https://www.beuc.eu/press-releases/promising-eu-plans-tackle-greenwashing-and-promote-repair

Deutsche Welle, 22/05/2023: Greenwashing: How the EU is seeking to address false claims https://p.dw.com/p/4RZh2

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