Update: EU Directive on Green Claims

EU Parliament comments on the EU Commission's proposal

May 2024. On 22 March 2023, the European Commission presented a proposal for a regulation on green claims. This will require companies to better substantiate the environmental claims they make about their products and services. Recognised scientific standards and certifications will be used to allow companies to use environmental claims in the future. The EU Parliament has now given its opinion on the Commission's proposal.

We give you an overview of the EU Commission's draft directive, its main objectives and the amendments proposed by the EU Parliament.

Reason for the draft EU directive

The growing environmental awareness of consumers has led to an increase in products marketed as environmentally friendly, sustainable, or ‘green’. However, not all claims are scientifically substantiated and the lack of harmonised requirements in this area has contributed to consumer confusion and scepticism.

In response to this growing concerns, the European Commission has proposed a directive on substantiation and communication of explicit environmental claims (Green Claims Directive). The draft is seen as an important step towards creating a more transparent and sustainable market and aims to provide a clear framework for dealing with environmental claims in order to promote sustainable practices and ensure that consumers are not misled by false claims.

Amendments proposed by the EU Parliament

The EU Parliament has given its opinion on the Commission's proposal, proposing a total of 821 amendments. According to a parliamentary report, these include, for example:

The definition of a 30-day period within which a review body must review environmental claims.
A call on Member States to ensure that the costs of verification and certification take into account both the complexity of the environmental claim and the size of the company concerned.
No later than 18 months after entry into force, the Commission should submit a report on the use of environmental claims for products containing particularly hazardous chemicals, such as carcinogens, endocrine disrupters or reproductive toxins. This report should assess whether such claims are misleading in these cases and whether further restrictions may be necessary.

A summary and the detailed parliamentary report can be found here.

The European Council has already adopted its proposal, meaning that the trilogue procedure can begin after the election of the new EU Parliament in June this year. It is not yet clear whether the new Parliament and the new Commission will give the Green Claims Directive the same priority or whether far-reaching changes will be sought.

Main objectives of the draft directive

The main objectives of the draft directive are to improve the transparency, credibility, and consistency of green claims.

To increase the transparency of claims, detailed information will be required to substantiate environmental claims so that consumers can make informed choices. On the other hand, the practice of "greenwashing", where environmental claims are exaggerated or misrepresented, will be curbed through clear guidelines.

Standardised criteria should provide consumers with accurate and credible information on the environmental impact of products and services. Examples include information on a product's life cycle, its carbon footprint and compliance with specific sustainability standards.

Standardised symbols for sustainable products

To help consumers quickly identify environmentally friendly products, the draft directive introduces standardised labels or symbols. These symbols will indicate that a product meets certain defined sustainability criteria and will provide visual guidance when looking for environmentally friendly options.

Strengthened control mechanisms

It is expected that the final directive will include a mechanism for the verification and certification of green claims. Independent audits or recognised environmental standards should help to ensure the accuracy of green claims. Non-compliance could lead to sanctions, underlining the importance of compliance with the directive.

Any questions left?

Do you have any questions about the draft EU directive on green claims or do you need further information on other environmental regulations or directives? Please feel free to ask your personal account manager or contact our expert Andreas Grabitz.