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AIM welcomes the adoption of the European Parliament Committees’ position on the proposed Green Claims Directive

Brussels, 14 February 2024 – AIM welcomes the adoption by the European Parliament’s ENVI and IMCO Committees of the report on the Green Claims Directive, but regrets the missed opportunity to ensure full legal clarity for the robust substantiation of claims

AIM welcomes the direction of the compromises endorsed by political groups in the European Parliament’s responsible Committees, which  seek to address the challenges identified under the ex-ante verification and certification process as proposed by the European Commission through the inclusion of simplified procedures and a presumption of conformity for certain environmental claims. Among the positive elements introduced in the text, AIM supports the inclusion of a deadline for the completion of the verification process by the verifier, providing traders with certainty on the timing, and the extension of the application of the Directive, enabling traders, verifiers and authorities to have adequate timing for the compliance with the new rules.

However, we regret the text lacks essential clarity regarding the substantiation requirements and the scope of application of the Directive and misses the opportunity to ensure full harmonisation of the rules. In particular, the report fails to specify when a lifecycle assessment (LCA) is necessary for the assessment of a claim. This will lead to divergent interpretations among traders, verifiers, and national authorities, unnecessarily increasing costs and delaying the substantiation and verification process. In addition, the report deletes the essential reference to product-specific legislation, such as the legal framework for packaging and packaging waste, that should act as a lex specialis. This will create legal uncertainty for traders regarding the applicable rules to substantiate environmental claims. Furthermore, the Committees failed to ensure maximum harmonisation of the rules,  so Member States now have the task of establishing costs, procedures and transition periods, which could lead to 27 different systems, paving the way for the fragmentation of the Single Market.

AIM urges the Members of the European Parliament to address the above-mentioned critical elements during the upcoming plenary session, so that a robust, clear and enforceable legal framework for the substantiation of environmental claims will be established, which will be key to empowering both consumers and traders in the green transition.