The Council for the European Union has adopted its initial position on an anti-greenwashing directive. Representatives of the EU will now start negotiations with the European Parliament on the final shape of the new directive. MEPs voted their own proposal in mid-March.
In February, the EU already adopted a text banning misleading "generic" environmental claims ("green product", "100% natural", etc.). [1]
Explicit environmental claims
The legislative project on which the European Ministers of the Environment, voted on Monday in Luxembourg, aims to be more ambitious by eliminating all environmental claims not supported by factual bases.
This new proposal specifically targets explicit (written or oral) environmental claims and environmental labels that companies use voluntarily.
Whether they state that a product or packaging is made from "recycled plastic" or is "biodegradable", that a delivery is "CO2 neutral", that a sunscreen is "ocean friendly", ... all claims intended to appeal to environmentally conscious consumers will have to be verified by third-party independent experts before being published. The text provides that environmental claims must be based on the latest scientific evidence with a specific reference to the environmental characteristics they cover (such as durability, recyclability, or biodiversity)
Existing or new national or regional public labelling schemes, would be submitted to the same rules, and be transparent and reviewed on a regular basis. Those regulated by EU – such as the European Ecolabel – or national law would be exempted.
Microenterprises and SMEs
In addition, the EU Member States support the introduction of a "simplified procedure" for certain types of allegations and say that microenterprises be given additional time to comply with the new rules.
“Several support measures have been added to help SMEs, including microenterprises, throughout the procedure. These include the provision of guidelines and tools and additional measures to reduce the administrative burden for farmers,” says the Council in a statement.
Carbon credits and offsetting
The text also tackles the offsetting of carbon emissions, which often consists in planting trees or buying carbon credits. The text plans to oblige companies that use them to provide detailed information about theses carbon credits, as well as the percentage of total greenhouse gas emissions that have been offset.
"Today, we reached an important agreement to fight greenwashing by setting rules on clear, sufficient and evidence-based information on the environmental characteristics of products and services. Our aim is to help European citizens to make well-founded green choices," said Alain Maron, Minister of the Government of the Brussels-Capital Region, responsible for climate change, environment, energy and participatory democracy.