Green Claims Directive: State-of-play & Interplay with Packaging Rules

While the Directive on Empowering Consumers, which entered into force on 27 March 2024, forbids vague environmental claims, EU legislators are still discussing the Commission's proposal for a Green Claims Directive, expected to complement the Empowering Consumers’ framework by setting rules on the substantiation of voluntary environmental claims. 

Following discussions in the Environment (ENVI) and Internal Market and Consumers’ Protection (IMCO) Committees, which jointly worked on the file, the EU Parliament,  adopted its negotiating position on the  dossier on 12 March 2024.  

What's in the Parliament's mandate? MEPs agreed that any new environmental marketing claims, such as “biodegradable” or “less polluting", should be verified before their use and that simpler types of claims should benefit from easier or faster verification mechanisms.  

The EU Parliament is also proposing penalties for non-compliant businesses, such as exclusion from procurement processes, confiscation of revenues or fines constituting at least 4% of their annual turnover.  

Despite industry calls for the adoption of a clear and workable framework, the Parliament's position fails to clarify the prevalence of the PPWR requirements when it comes to substantiating claims on packaging properties. Unless rectified, this could create uncertainty for economic operators and national authorities regarding the rules to be applied and enforced, undermining the objective of clearly communicating environmental claims to consumers. 

As work  on the file continues in the EU Council, with a view to adopt the general approach on 17 June, EUROPEN is advocating for the introduction of a reference to the future PPWR in Article 1 of the Green Claims Directive, clarifying that the Directive will not apply to environmental labelling schemes or explicit claims regulated or substantiated under the new EU packaging rules.  

WHAT DID YOU MISS? 

• 12 March 2024: the EU Parliament adopts its negotiating position on the Green Claims Directive 

What’s next?  

• 17 June 2024: Expected adoption of the Council  general approach