EU Parliament still against greenwashing. First go-ahead for negotiating mandate

Brussels – False environmental claims, “green” marketing subject to authorization and enhanced penalties: The European Parliament’s joint Internal Market (IMCO) and Environment (ENVI) committees adopted today (Feb. 14) with 85 votes in favour, two against and 14 abstentions their position on the so-called “Green Claims” directive on how companies can validate their environmental marketing claims.

The new rules will complement the greenwashing prohibition already approved by the EU and will have to be confirmed at a plenary session in Strasbourg, presumably in March. The new Parliament will follow the dossier after the June 6-9 European elections. As in the European Commission’s proposal, MEPs supported the idea that companies submit any future environmental marketing claims for approval before using them. According to the adopted text, the EU Parliament explained in a note that applications should be assessed by “accredited verifiers within 30 days.”

Companies that break the rules may be excluded from procurement, lose revenues, and risk a fine of at least 4 per cent of annual turnover. It will then be up to the European Commission to draw up a list of less complex claims and products that could benefit from faster or simpler verification. It would also have to decide whether green claims on products containing hazardous substances should remain possible. Members also agreed that micro-companies should be excluded from the new obligations and that small and medium-sized companies should have an extra year before the rules apply.

Special rules would also apply to comparative claims (i.e., ads comparing two different products), even if the same manufacturer makes the two products. Among other provisions, companies would have to demonstrate that they used the same methods to compare relevant aspects of the products. In addition, claims that products have been improved cannot be based on data more than five years old.