|
|
Substantiate environmental claims |
Due Diligence |
-
|
|
|
- Description:
- Carry out an assessment to substantiate explicit environmental claims, including consideration of the relevant life cycle, significant impacts and aspects, legal requirements, common market practice and possible negative trade-offs.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products or activities of companies for which voluntary explicit environmental claims are made in business-to-consumer commercial practices
- Checking responsibility:
- The company or trader making the claim
- Check method:
- Assessment of the environmental claim using scientific evidence, accurate information and relevant international standards
- Rule set:
-
-
- Source reference:
- Article 3(1)
- Source excerpt:
- Member States shall ensure that traders carry out an assessment to substantiate explicit environmental claims. This assessment shall:
|
|
|
Substantiate comparative environmental claims |
Due Diligence |
-
|
|
|
- Description:
- For comparative environmental claims, use equivalent information and data, cover equivalent value-chain stages and environmental impacts, and apply equivalent assumptions.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products or activities that are the subject of comparative explicit environmental claims
- Checking responsibility:
- The company or trader making the comparative claim
- Check method:
- Comparison using equivalent information, data, value-chain stages, environmental impacts and assumptions
- Rule set:
-
-
- Source reference:
- Article 4(1)
- Source excerpt:
- The substantiation of explicit environmental claims that state or imply that a product or trader has less environmental impacts or a better environmental performance than other products or traders (‘comparative environmental claims’) shall, in addition to the requirements set out in Article 3, comply with the following requirements:
|
|
|
Provide use information for environmental performance |
Stakeholder Engagement |
-
|
|
|
- Description:
- Provide, together with the claim, information on how consumers should use the product to achieve its expected environmental performance.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Final products where the use phase is among the most relevant life-cycle stages
- Checking responsibility:
- The company or trader communicating the claim
- Check method:
- Review of the use instructions provided with the claim
- Rule set:
-
-
- Source reference:
- Article 5(3)
- Source excerpt:
- Where the explicit environmental claim is related to a final product, and the use phase is among the most relevant life-cycle stages of that product, the claim shall include information on how the consumer should use the product in order to achieve the expected environmental performance of that product. That information shall be made available together with the claim.
|
|
|
Commit to future environmental improvements |
Governance |
-
|
|
|
- Description:
- For claims concerning future environmental performance, include a time-bound commitment to improvements inside own operations and value chains.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products or companies with claims concerning future environmental performance
- Checking responsibility:
- The company or trader making the claim
- Check method:
- Review of the time-bound improvement commitment within own operations and value chains
- Rule set:
-
-
- Source reference:
- Article 5(4)
- Source excerpt:
- Where the explicit environmental claim is related to future environmental performance of a product or trader it shall include a time-bound commitment for improvements inside own operations and value chains.
|
|
|
Disclose substantiation information |
Record Keeping |
-
|
|
|
- Description:
- Make information about the product or company and the substantiation available with the claim, including covered environmental aspects and impacts, underlying studies and calculations, improvements, the certificate of conformity and verifier contact details.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products or companies subject to explicit environmental claims or environmental labels
- Checking responsibility:
- The company or trader making the claim or using the label
- Check method:
- Provision in physical form, by weblink, QR code or equivalent means
- Rule set:
-
-
- Source reference:
- Article 5(6)
- Source excerpt:
- Information on the product or the trader that is the subject of the explicit environmental claim and on the substantiation shall be made available together with the claim in a physical form or in the form of a weblink, QR code or equivalent.
|
|
|
Review substantiation periodically |
Due Diligence |
-
|
|
|
- Description:
- Review and update the information used for substantiation when circumstances may affect the claim’s accuracy, and no later than five years after the information was provided.
- Frequency:
- Other
- Check frequency:
- Other
- Products/Services:
- Explicit environmental claims and environmental labels
- Checking responsibility:
- The company or trader making the claim or using the label
- Check method:
- Review of the information used, followed by renewed verification by a verifier
- Rule set:
-
-
- Source reference:
- Article 9
- Source excerpt:
- Member States shall ensure that the information used for substantiation of explicit environmental claims is reviewed and updated by traders when there are circumstances that may affect the accuracy of a claim, and no later than 5 years from the date when the information referred to in Article 5(6) is provided.
|
|
|
Obtain prior verification and certification |
Approval |
-
|
|
|
- Description:
- Have the substantiation and communication verified by a qualified verifier before publishing a claim or displaying an environmental label and, where appropriate, obtain a certificate of conformity.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Explicit environmental claims and environmental labels before publication or display
- Checking responsibility:
- A verifier meeting the requirements of Article 11
- Check method:
- Prior conformity assessment by an independent accredited third-party body
- Rule set:
-
-
- Source reference:
- Article 10(4)
- Source excerpt:
- The verification shall be undertaken by a verifier fulfilling the requirements set out in Article 11, in accordance with the procedures referred to in paragraphs 1 and 2, before the environmental claim is made public or the environmental label is displayed by a trader.
|
|
|
Obtain approval for a private labelling scheme |
Approval |
-
|
|
|
- Description:
- For a new private environmental labelling scheme, submit supporting documents on its rationale, scope, added value, criteria, methodology, expected market impacts, and ownership and decision-making structures.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- New private environmental labelling schemes concerning products or activities on the Union market
- Checking responsibility:
- The operator of the private environmental labelling scheme
- Check method:
- Submission of supporting documents and a certificate of conformity to the competent authorities
- Rule set:
-
-
- Source reference:
- Article 8(6)
- Source excerpt:
- In order to receive the approvals referred to in paragraphs 4 and 5, the operators of new environmental labelling schemes shall provide supporting documents setting out the following:
|
|
|
Remedy infringements or cease the claim |
Other |
-
|
|
|
- Description:
- After an infringement is detected, take appropriate and effective corrective action within 30 days or cease using and referring to the non-compliant claim.
- Frequency:
- Event-triggered
- Check frequency:
- Event-triggered
- Products/Services:
- Products or services marketed with non-compliant explicit environmental claims or environmental labelling schemes
- Checking responsibility:
- The company or trader making the claim or using the labelling scheme
- Check method:
- Implementation of corrective action required by the competent authority within 30 days
- Rule set:
-
-
- Source reference:
- Article 15(3)
- Source excerpt:
- require that trader to take all appropriate corrective action within 30 days to bring the explicit environmental claim or the environmental labelling scheme into compliance with this Directive or to cease the use of and references to the non-compliant explicit environmental claim.
|
Emtract Ingest