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User:Santana1998/Empowering Consumers for the Green Transition

< User:Santana1998

The law "Empowering consumers for the green transition"[1] aims to enhance consumer protection and promote sustainable consumption patterns within the European Union. It emphasizes the importance of providing consumers with clear, relevant, and reliable information to make informed purchasing decisions that contribute to the green transition.[1] The law addresses unfair commercial practices that mislead consumers, such as early obsolescence of goods, misleading environmental claims ("greenwashing"), and non-transparent sustainability labels.[2] By introducing specific rules in Union consumer law, competent national bodies can effectively address such practices. The law also seeks to ensure that environmental claims made by traders are fair, understandable, and reliable, encouraging competition and leading to more environmentally sustainable products.[1] Additionally, it proposes amendments to Directive 2005/29/EC to include environmental and social characteristics, as well as circularity aspects, in the assessment of misleading trader practices.[3] Traders are required to provide clear, objective, and verifiable commitments and targets regarding climate-related claims, supported by detailed implementation plans and verified by independent third-party experts. Overall, the law aims to empower consumers to make better-informed decisions and stimulate the demand for sustainable goods, ultimately contributing to the green transition.[1]

2005 and 2011 Initiatives: edit

The 2005 "Unfair Commercial Practices Directive" [4]aims to ensure fair trading practices within the internal market of the European Union while upholding a high level of consumer protection. It prohibits unfair commercial practices that could mislead consumers or significantly impair their freedom of choice.[4] These practices include misleading actions, such as providing false information about products, and aggressive commercial tactics, such as harassment or coercion. [4]Published on June 11th 2005[5], the directive outlines specific criteria for determining when a commercial practice is unfair and provides a list of practices that are always considered unfair.[4]

The directive applies to all Member States of the European Union and establishes mechanisms for enforcing compliance with its provisions.[4] Member States are required to ensure that legal provisions are in place to combat unfair commercial practices, allowing individuals or organizations with a legitimate interest to take legal action against offenders. [4]Additionally, administrative authorities are empowered to order the cessation of unfair practices and impose corrective measures, such as requiring the publication of decisions or corrective statements.[4]

 
Title Page of the 2005 "Unfair Commercial Practices Directive" from the European Union

The 2011 Directive on consumer rights builds upon and replaces two previous directives: Directive 85/577/EEC and Directive 97/7/EC.[6] These previous directives aimed to protect consumers in various contractual situations, such as contracts negotiated away from business premises and distance contracts.[6] The 2011 Directive is designed to simplify and update these rules, address inconsistencies, and close gaps in regulation.[6]

The "Empowering Consumers for the Green Transition" legislation builds upon the principles of the Unfair Commercial Practices Directive and the 2011 Directive by addressing unfair practices specifically related to the green transition[1].[4][6]It aims to provide consumers with clear, relevant, and reliable information to make informed decisions that contribute to more sustainable consumption patterns.[1] By introducing rules to tackle misleading environmental claims and ensuring that environmental claims are supported by clear commitments and targets, the legislation aligns with the objectives of the Unfair Commercial Practices Directive to protect consumers and promote fair trading practices.[1]

The 2024 law, "Empowering Consumers for the Green Transition," represents an evolution of the 2005 Unfair Commercial Practices Directive, with specific provisions tailored to address environmental concerns and promote sustainability.[4] [1]While both laws aim to protect consumers and ensure fair commercial practices, they differ in their focus and scope.

One key difference is the emphasis on environmental protection in the 2024 law[1]. Unlike the 2005 directive, which primarily addresses unfair commercial practices in general,[4] the 2024 law introduces rules specifically targeting misleading environmental claims, commonly known as 'greenwashing.' [3]These rules prohibit practices such as providing false information about a product's environmental characteristics, misleading sustainability labels, and deceptive claims about a product's environmental benefits.[1]

Moreover, the 2024 law expands the definition of misleading actions to include false information about a product's environmental or social characteristics, which was not explicitly addressed in the 2005 directive[3][1].

How EU legislation gets passed through parliament: edit

 
European Parliament Headquarters in Strasburg, France

Effective 2009, the Treaty of Lisbon gave the European Union full legal personality; as a result, the Co-decision procedure[7] became replaced with the Ordinary Legislative Procedure. It is now the primary legislative process of the European Union and Council of the European Union. It begins with a legislative proposal and can consist of up to three readings, with the procedure able to be concluded at any reading. The first reading is reviewed by both Parliament and the council, if amendments are proposed. If the Council approves of Parliament's position, the act is adopted. This procedure repeats up to three times/readings until the act is either adopted or rejected[8]. Following approval, the legislation is published in the Official Journal of the European Union. The proposal is also referred to the committee responsible for the subject matter of the proposal, who is appointed a rapporteur acting as a spokesperson and tasked with drafting Parliament's report. Member states of the European Union must then incorporate the newly passed legislation into their specific national/federal laws.

Aims: edit

  • Updating and redefining 2005/previous EU directives to highlight environmental issues
  • Encourage consumers to make environmentally-conscious decisions
  • Prevent firms from deceptive marketing practices
  • Validate and approve claims made by firms on their products
  • Eliminate misleading advertising information
  • Promote sustainable standards and ensure adherence to clear criteria
  • Prevent vagueness in environmental claims
  • Establish legal framework for trustworthy environmental information
  • Ensure security updates are recognized for product conformity
  • Eliminate false claims regarding goods designed for durability, recyclability, and repairability
  • Practices inducing premature product replacement are prohibited, reducing waste and unnecessary spending
  • Traders must disclose limitations on product functionality with non-original consumables to ensure informed purchasing decisions
  • Traders must provide specific durability and reparability information before purchase, promoting informed consumer choices
  • Traders must inform consumers about producer durability guarantees using a standardized label
  • Standardized notices remind consumers of their legal rights regarding product conformity
  • Information on after-sales services, including repair services, is disclosed before contract binding
  • Consumers are informed about environmentally friendly delivery options
  • Traders must make consumers aware of relevant information before placing an order in electronic contracts
  • Promotion of sustainable consumption and ensures consistent application of consumer protection laws
  • European Union Member States provide explanatory documents clarifying how directive components relate to national laws

Timeline: edit

  • Unfair Commercial Practices Directive (2005)
    • 18/06/2003: Legislative proposal published
    • 17/03/2004: Vote in committee, 1st reading
    • 20/04/2004: Decision by Parliament, 1st reading
    • 15/11/2004: Council position published
    • 02/02/2005: Vote in committee, 2nd reading
    • 24/02/2005: Decision by Parliament, 2nd reading
    • 18/04/2005: Act approved by Council, 2nd reading
    • 11/05/2005: Final act signed
    • 11/06/2005: Final act published in Official Journal[9]
  • Consumer Rights Law (2011)
    • 08/10/2008: Legislative proposal published
    • 24/03/2011: Decision by Parliament, 1st reading
    • 23/06/2011: Decision by Parliament, 1st reading
    • 10/10/2011: Act adopted by Council after Parliament's 1st reading
    • 22/11/2011: Final act published in Official Journal[10]
  • Empowering Consumers for the Green Transition (2024)
    • 30/03/2022: Legislative proposal published
    • 28/03/2023: Vote in committee, 1st reading
    • 11/05/2023: Decision by Parliament, 1st reading
    • 28/11/2023: Approval in committee of the text agreed at 1st reading interinstitutional negotiations
    • 17/01/2024: Decision by Parliament, 1st reading
    • 20/02/2024: Act adopted by Council after Parliament's 1st reading[11]

History of Opposition by Countries: edit

 
Rishi Sunak, Prime Minister of the United Kingdom

While the passing of the Empowering Consumers for the Green Transition Act is still relatively recent and there is no explicit details about political resistance or opposition to the Act specifically, it's important to note that such significant legislative measures often face scrutiny and debate among stakeholders, including businesses, consumer groups, and member states, regarding their implementation and impact. For concrete instances of opposition or support, more targeted insights from political debates, industry feedback, or specific member state positions would be required, potentially accessible through parliamentary records, industry statements, or news analysis on the subject.

An example of potential policies that could contradict or hold back the act could refer to the UK Prime Minister and his recent decision to scale back the country's climate change ambitions, which has sparked concerns both nationally and internationally[12]. This includes postponing the ban on new combustion engine cars and adjusting the phase-out of gas boilers. Critics are worried about potential vulnerability to price increases and increased reliance on imported gas, while the Prime Minister argues that these measures aim to save money for families while still meeting the 2050 carbon neutrality goal. Despite these challenges, Europe continues to prioritize sustainability, as seen through initiatives like the EU Empowering Consumers Directive and forthcoming legislative changes.

Effects: edit

The Empowering Consumers for the Green Transition Act, slated to come into force in 2026[13] within the European Union (EU), is designed to fortify consumer protection measures and foster sustainable consumption patterns across member states. This legislation targets deceptive commercial practices, such as premature product obsolescence and misleading environmental claims ("greenwashing"), by mandating clear and reliable information provision to consumers. It applies universally across all product sectors and encompasses considerations related to environmental and social impacts, ensuring that claims like net-zero emissions or fair working conditions are verifiable and accurate. The criteria for where these deceptive claims are made also refer to written or oral claims, including those made through advertising or digital media[14].

 
EU Parliament Member Arba Kokalari, participator in MEPs debate for Empowering Consumers for the Green Transition

Under the Act, traders must furnish transparent commitments and plans corroborated by third-party verification for climate-related assertions[15]. Moreover, amendments to existing directives are proposed to incorporate factors such as durability, repairability, and environmental impact into consumer assessments. It obligates the disclosure of information on sustainability comparisons and introduces prohibitions on deceptive practices, including false claims regarding product durability or repairability.

Consumers will receive detailed information about extended durability guarantees and repairability scores, thereby enabling more informed purchasing decisions[16]. This legislation aims to empower consumers, spur demand for sustainable products, and facilitate the transition to a greener economy.

Upon publication in the Official Journal of the EU, member states will have a period of 24 months to transpose the directive into their national legislation[17]. More specifically, Member States would be required to transpose the directive 18 months from the adoption at the latest and would have additional six months to start with its application[18], making it this total of 24 months. The effects of this legislation are expected to extend beyond the EU, potentially influencing global trends toward more transparent and sustainable consumer practices.

The Empowering Consumers Directive requires companies to provide evidence, but it does not require environmental claims to be checked for accuracy before they are made[19].

Government authorities will have to continue to invest in resources like market surveillance and use penalty systems to discourage companies from making misleading green claims or partaking in any form of greenwashing[20].

In practice, claims with no evidence or facts will be straight forward to spot and immediately removed by authorities, whereas in the past companies have been able to make any claim to persuade the government .

Moreover, traders must provide information on reparability – but only if it is made available to them[21].

References edit

  1. ^ a b c d e f g h i j k "Empowering consumers for the green transition" (PDF). European Union. March 30, 2022.
  2. ^ "Directive to empower consumers for the green transition ("Empowering Consumers Directive") has been adopted". www.twobirds.com. Retrieved 2024-02-26.
  3. ^ a b c Mertenskötter, Bart Van Vooren, Rosa Oyarzabal, Cándido García Molyneux, Seán Finan, Hannah Edmonds-Camara, Paul (2024-01-31). "EU Adopts New Rules on Greenwashing and Social Impact Claims". Inside EU Life Sciences. Retrieved 2024-02-26.{{cite web}}: CS1 maint: multiple names: authors list (link)
  4. ^ a b c d e f g h i j Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’) (Text with EEA relevance), vol. 149, 2005-05-11, retrieved 2024-02-26
  5. ^ "Procedure File: 2003/0134(COD) | Legislative Observatory | European Parliament". oeil.secure.europarl.europa.eu. Retrieved 2024-02-26.
  6. ^ a b c d Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council Text with EEA relevance, vol. 304, 2011-10-25, retrieved 2024-03-04 {{citation}}: no-break space character in |title= at position 73 (help)
  7. ^ "Co-decision procedure". Eurofound.{{cite web}}: CS1 maint: url-status (link)
  8. ^ "Overview | Ordinary legislative procedure | Ordinary Legislative Procedure | European Parliament". olp. Retrieved 2024-02-22.
  9. ^ "Procedure File: 2003/0134(COD) | Legislative Observatory | European Parliament". oeil.secure.europarl.europa.eu. Retrieved 2024-03-04.
  10. ^ "Procedure File: 2008/0196(COD) | Legislative Observatory | European Parliament". oeil.secure.europarl.europa.eu. Retrieved 2024-03-04.
  11. ^ "Procedure File: 2022/0092(COD) | Legislative Observatory | European Parliament". oeil.secure.europarl.europa.eu. Retrieved 2024-03-04.
  12. ^ "Empowering Consumers for a Sustainable Transition: Sustainability Changes in Europe". blog.qima.es (in Spanish). Retrieved 2024-03-18.
  13. ^ "Major EU law to ban carbon neutral claims and help consumers make sustainable choices". www.beuc.eu. Retrieved 2024-03-18.
  14. ^ Howe, David (2024-01-19). "Empowering consumers for the green transition". Jordisk Consulting. Retrieved 2024-03-18.
  15. ^ Parliament, European. "Empowering consumers for the green transition | Legislative Train Schedule". European Parliament. Retrieved 2024-03-18.
  16. ^ Parliament, European. "Empowering consumers for the green transition | Legislative Train Schedule". European Parliament. Retrieved 2024-03-18.
  17. ^ Mertenskötter, Bart Van Vooren, Rosa Oyarzabal, Cándido García Molyneux, Seán Finan, Hannah Edmonds-Camara, Paul (2024-01-31). "EU Adopts New Rules on Greenwashing and Social Impact Claims". Inside EU Life Sciences. Retrieved 2024-03-18.{{cite web}}: CS1 maint: multiple names: authors list (link)
  18. ^ Parliament, European. "Empowering consumers for the green transition | Legislative Train Schedule". European Parliament. Retrieved 2024-03-18.
  19. ^ "EU takes aim at greenwashing in new law to empower consumers – but gaps remain – ECOS". ecostandard.org. Retrieved 2024-04-10.
  20. ^ "EU takes aim at greenwashing in new law to empower consumers – but gaps remain – ECOS". ecostandard.org. Retrieved 2024-04-10.
  21. ^ Rezende, João Antonucci (2024-02-08). "New directive to empower consumers - what does it mean for repair?". Right to Repair Europe. Retrieved 2024-04-10.
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