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On 22 March 2023 the European Commission published a proposalfor a Directive on Green Claims affecting commercial communicationsthat associate products/services with environmental or ecologicalbenefits.

The proposal complements and specifies an earlier proposal for aDirective on empowering consumers for the green transition1, and is thus part of aframework of strategic initiatives and action policies adopted bythe European Union (EU) in support of the circular economy, andaims to decrease the impact of climate change in order to achieveclimate neutrality.

The strategy pursued by the EU cannot disregard the activeparticipation of consumers in the ecological transition, whichrequires their adequate protection against unfair commercialpractices that prevent them from making informed and sustainablechoices. Such practices include greenwashing, in which companiesmake false environmental declarations in the context of theircommunication strategies, aimed at building a deceptively positiveimage of the company as to its environmental impact, with the clearobjective of capturing the attention and interest of consumers.

In 2020, the Commission carried out a study of more than 150environmental claims for a wide range of products and found thatmore than 53% of them were too "vague, misleading orunfounded", and that 40% were not supported by adequatetechnical and scientific evidence. These data show thatcompanies/traders have an increasing interest in providingmisleading environmental information on their products/services, tothe detriment of consumers wishing to make more sustainable andresponsible purchasing choices, and of virtuous companies sufferingfrom unfair competition.

From the need to contrast this increasingly widespreadphenomenon comes the provision of specific rules on the subject,aimed at setting minimum requirements for the verification ofenvironmental claims adopted by traders and thus improving thereliability of the information conveyed to consumers, facilitatingtheir choice of products and/or services that offer betterenvironmental performance.

First, the proposal aims to regulate the voluntary environmentalclaims2 of thecompanies concerning the environmental impact and performance oftheir products/services, providing that they be clear andadequately substantiated. Inter alia, voluntarydeclarations will have to specify whether they relate to thecompany's entire production or only to a particular product,one of its components, or one of its life cycle stages, in order to"make it possible to identify the environmental impactsand environmental aspects for the product or trader that jointlycontribute significantly to the overall environmental performanceof the product or trader". Furthermore, voluntary claimswill have to be validated by widely recognised scientific evidence,and evaluated by independent, accredited, verifying organisations,which will decide whether to issue a certificate of conformityvalid throughout the EU.

Should the proposal become law, it would no longer be possibleto use vague and ambiguous claims such as "climateneutral", "carbon neutral" or"100% CO2 compensated", if they do not meet allthe requirements of the Directive. Indeed, traders will be requiredto avoid claims expressed in broad or absolute terms, insteadhaving to circumscribe to the precise environmental benefitclaimed, which, of course, will have to be properly verified andsupported by technical evidence.

The proposed Directive also regulates so-called environmentallabels and their schemes, such as the EU Ecolabel and its nationalequivalents, awarded to products and/or services that are producedand marketed with a reduced environmental impact. The EU has notedthat more than 200 environmental labels are currently in use andtheir further proliferation could lead to consumer confusion, aswell as to a loss of value of existing labels. To address this, theCommission has advanced the possibility of preventing new publiclabelling schemes from being proposed unless they are developedexclusively within the EU. As a result, any new private scheme willhave to prove that it pursues more ambitious environmentalobjectives than existing ones, while obtaining prior approval inorder to be officially authorised.

Naturally, the proposal also regulates the enforcement of theprovisions contained therein, whose compliance is to be ensured bythe Member States by means of appropriate control systems and bythe provision of penalties, with varying amounts depending on thenature and seriousness of the violations ascertained.

The proposal will soon be assessed by the European Parliamentand the Council for their joint approval and, in the event of apositive outcome, the Member States will have to incorporate theDirective into their respective legal systems to ensure its uniformapplication within the EU territory.

Currently in Italy there are no specific legislations onenvironmental claims, so they are regulated by the generalprovisions of the Consumer Code on unfair commercial practices,those of the Civil Code on unfair competition, as well as theregulations on misleading advertising. The framework is completedby the European Directive 2005/29/EC and the Guidance on theimplementation/application of directive 2005/29/EC on UnfairCommercial Practices issued by the European Commission on25 May 2016, which contains useful guidelines on green claims, forexample that they be formulated "in a clear, specific,accurate and unambiguous manner".

Additionally, a provision specifically dedicated to commercialcommunications of an environmental nature is contained in Article12 of the Italian Code of Self-Discipline for CommercialCommunications, according to which "marketingcommunication that claims or evokes benefits of an environmental orecological nature must be based on truthful, relevant andscientifically verifiable data".

The above-mentioned provision was referred to by the Court ofGorizia in the first (and only) Italian court ruling ongreenwashing3. In this landmark decision,the judge acknowledged that generic expressions such as"environmentally friendly", "naturalchoice", "100% recyclable" constituteto all intents and purposes misleading advertising when they arenot clear, verifiable or supported by solid scientificevidence.

In the context of fragmented national regulations, the GreenClaims Directive could therefore be an effective tool to limitgreenwashing and related unfair commercial practices that aregrowing exponentially in parallel with the environmental awarenessof the consumers.

Footnotes

1. European Commissionproposal of 30 March 2022 amending Directives 2005/29/EC on unfaircommercial practices and 2011/83/EU on consumer rights.

2. On the other hand,the proposed Directive does not cover voluntary declarations thatare already regulated by other EU rules, such as the EU Ecolabel,as the relevant existing legislation already guarantees theirreliability.

3. Court of Gorizia,order of 25 November 2021 (Alcantara S.p.A vs. Miko S.r.l.). Theorder was then appealed by Miko S.r.l. and overturned by the Courtof Gorizia in March 2022, on the basis that Alcantara had beenunable to provide any evidence that Miko's environmental claimshad resulted in a risk of loss of customers forAlcantara.

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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A Step Forward Against Greenwashing: The European Commission ... - Mondaq News Alerts

A special supplement marking the 50th anniversary of Ireland's membership of the Union [EU 50] will be published in this Wednesday's editions of the Tullamore Tribune and the Midland Tribune.

The 12 supplement is published by the Tribune and offalylive.ie in association with Offaly County Council, the Department of Foreign Affairs and Offaly History.

It can also be viewed on offalylive.ie from next Tuesday, May 9, which is Europe Day.

In the supplement foreword Anna Marie Delaney, Chief Executive of Offaly County Council and Cllr Frank Moran, Cathaoirleach write that it is widely acknowledged that Irelands 50 years of EU membership has coincided with a period of radical economic and social transformation across Ireland. This publication presents a wonderful opportunity to highlight how our lives have changed for the better because of our active membership.

The supplement features articles from a wide range of contributors, including former Taoiseach Brian Cowen, all of whom provide their unique insight into various milestones encountered because of EU membership.

Topics such as farming, gender equality, environmental issues, the 2004 European Foreign Ministers summit in Tullamore, the Just Transition process and the Leader programme are featured.

In compiling the supplement we invited contributions from all the MEPs for the South constituency and Offaly based Oireachtas members and are grateful to those who submitted articles, explained the Editor of the Tullamore Tribune, Ger Scully.

Two articles from members of the general public with specific interests in farming and policing are also published.

Said Ger Scully: We wish to stress the opinions expressed are those of the individual contributors and were not influenced by Offaly County Council, the Department of Foreign Affairs or the Tribune.

This special publication provides an opportunity to reflect on Irelands role in the EU and the partnerships we have developed over the last five decades. We wish to acknowledge the support of the Department of Foreign Affairs and the Department of the Taoiseach for raising the profile of Irelands 50th anniversary of EU membership (EU50), outlined Anna Marie Delaney and Cllr Frank Moran.

They added: Irelands membership of the European Union has strengthened Offalys ability to protect our national and local environments with the EU Directives and EU Regulations. These legislative rules mean that Offaly County Council proactively tackle challenges presented by water pollution, waste management and air quality. We promote the conservation of natural habitats and protect local biodiversity. We take positive climate action. We prepare our strategic framework plans to answer our specific circumstances while being cognisant of meeting the demands of a changing environment.

We focus on our economic growth and proactively engage with the Eastern and Midland Regional Assembly (EMRA) who distribute co-funding from the European Regional Development Fund (ERDF). Because of our involvement in the EU, we recognise the importance of engaging with other EU members. There is strength in unity.

Our national voice is strong in Europe. In 2024 we have the opportunity to vote in local and European elections. Your vote is your voice and your voice matters. We look forward to strengthening our friendship and solidarity with the EU and to Ireland hosting the EU Presidency in 2026.

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Marking Ireland's and Offaly's 50 years membership of the European ... - Offaly Live

A delegation of the European Union's local and regional representatives has gathered in Veszprm, Hungary, European Capital of Culture of 2023 for a study visit organised by the European Committee of the Regions' Commission for Social Policy, Education, Employment, Research and Culture (SEDEC).

CoR members were invited to Veszprm by dm Karcsony (HU/ECR), Vice-President of the County Council of Pest Megye, and Barbara Hegeds (HU/ECR), Member of Veszprm Local Assembly. The city, located near Hungary's largest lake Balaton, has a significant cultural impact and was appointed as one of UNESCO's cities of music in 2019.

CoR Members were greeted by Mayor of Veszprm Gyula Porga, and later they participated in a discussion with Hungarian State Secretary for Regional Development Gbor Mayer.

"Culture is a key pillar of society. During these times of difficulty, the objective of supporting culture is becoming increasingly important. European Capital of Culture projects give social cohesion a much needed boost in times of hardship", Barbara Hegeds said.

Veszprm launched the European Capital of Culture year with a Grand Opening weekend in January, and will offer almost 3,000 cultural activities as part of its programme. CoR Members were introduced to the ActiCity project, a former hospital building, abandoned and dilapidated for decades, which will feature as a cultural and leisure center open to the public later this year.

As part of the programme, also honouring Veszprm's UNESCO title, at least one music festival is to be held almost every month during the year. On the last day of the study visit, members had the chance to visit a pop-up event venue called Gyrkert Kultrpark, which will host concerts and performances to more than 60 foreign and Hungarian artists for the next four months, as Veszprm prepares for a busy summer tourist season.

Link:
Local and regional leaders visit European Capital of Culture Veszprm - European Committee of the Regions

Enlargement conferenceincludes Ukraine for the first time, and Lviv opens representation in Brussels.

Ukraine has taken further steps towards integration into the institutional structures of the European Union, with the opening of the first representative office of a Ukrainian city in Brussels and with Ukrainian cities and regions for the first time joining local and regional authorities from the western Balkans and Trkiye to discuss the challenges of the accession process.

Lviv, the seventh most populous city in Ukraine, will manage its outreach to the EU institutions from office space provided by the European Committee of the Regions. Speaking on 4 May at the opening of Lviv's representation to the EU, Deputy Mayor Serhii Kiral said that the city is willing to serve as a "front office" for other Ukrainian sub-national authorities as well.

Deputy Mayor Kiral was in Brussels to attend the Enlargement Day conference organised annually by the European Committee of the Regions (CoR). The CoR champions the importance of involving regions and cities in the enlargement process, noting that local and regional administrations have a role in implementing roughly two-thirds of EU laws.

Anna Magyar (HU/ECR), the CoR's rapporteur on enlargement, said: "This year's Enlargement Day comes in the wake of historic decisions such as Ukraine, Moldova, Bosnia and Herzegovina all receiving EU candidate status. Likewise, the first ever EU-Albania and EU-North Macedonia Stabilisation and Association Councils took place in March, providing new momentum for the enlargement process. As the CoR's spokesperson for enlargement, I am building on that new impetus with my opinion reaffirming the EU's local and regional authorities' commitment to a merit-based accession, which contributes to peace, democracy, prosperity, security and stability in Europe."

Ms Magyar, who is a member of the Council of Csongrd Megye, continued: "The EU must re-energise its enlargement process to retain geostrategic relevance and credibility in these turbulent times by setting a clear roadmap and timeline, providing more meaningful incentives to spur the necessary reforms. We need to make the best use of peer-to-peer capacity-building instruments in order to help institutional development and capacity building in our partner countries, especially at the local level, which will truly favour gradual multidimensional integration."

Antje Grotheer (DE/PES), vice-president of Bremen City Parliament and a member of the CoR's Working Group Ukraine, said: "There is now a clear understanding at all political levels at the EU, national, regional and local level that enlargement of the European Union will strengthen security, stability and prosperity in Europe. We also now have a moral and political duty to contribute significantly to the reconstruction of Ukraine, its regions and cities. But the EU will need fresh money for that. We urge national governments to respond to the extraordinary challenges of the present by agreeing to increase the EU's budget and consider for that purpose through a financing scheme similar to tthe one used for the EU's own recovery plan."

Ms Grotheer, who chairs the CoR's Working Group Trkiye, also highlighted the humanitarian challenges faced by Trkiye, saying: "The humanitarian efforts after the devastating earthquake might be an opportunity to revitalise the EU-Trkiye relations."

The European Commission is expected to publish a mid-term review of the EU's long-term budget its 2021-27 Multiannual Financial Framework this summer. Russia's full-scale invasion of Ukraine is putting significant pressure on the finances of the EU, which has absorbed exceptional costs in support of Ukraine and EU member states affected by the war.

The war in Ukraine has resulted in an increase in international cooperation between cities and regions, including through the European Alliance of Cities and Regions for the Reconstruction of Ukraine. The Alliance, which was created in June 2022, is bringing together local and regional associations from the European Union and Ukraine, as well as individual cities and regions, with the aim of coordinating joint efforts for the recovery and reconstruction of Ukraine and facilitating contacts and cooperation between its core partners and EU institutions. The CoR is serving as the secretariat of the Alliance. In April, the CoR's president, Vasco Alves Cordeiro, represented the Alliance at the International Summit of Cities and Regions in Kyiv, where he met Ukraine's President Volodymyr Zelenskyy. On 25 May, the CoR and the Alliance will hold a joint workshop with the European Commission, the OECD, as well as the governments of Ukraine, the United Kingdom, and Switzerland with the purpose of underlining the importance of the role that local and regional authorities can play in Ukraine's recovery and reconstruction process and on the path toward EU membership. The workshop intends to produce recommendations for consideration at the Ukraine Recovery Conference, due to take place in London on 21-22 June. The London conference will focus on mobilising international support for Ukraine's economic and social stabilisation and recovery from the effects of war, including through emergency assistance for immediate needs and financing private-sector participation in the reconstruction process.

Notes to the editor:

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Ukraine's regions and cities take further steps towards EU - European Committee of the Regions

We are pleased to announce that the EPPO will participate for the first time in the Europe Day Festivalon 9 May, from 12.00 to 18.00,in Place de l'Europe, Luxembourg City.

This festival is an excellent opportunity for citizens to come together, celebrate European unity and values, and learn more about the EPPO and other European Union institutions in Luxembourg.

At our stand, we will offer an informative journey that will take you through our offices latest developments and achievements. You will have the opportunity to learn more about how the EPPO is working to protect Europe from serious cross-border financial crime and to discover how you can contribute to this effort.

We also invite you to visit the other European Union institutions present at the festival, where you will learn more about their roles in shaping the future of Europe. This is a unique opportunity to engage with the European project and better understand how the EU works.

We encourage you to bring your family and friends along to join us on this exciting journey. The festival promises to be a fantastic day out for all ages.

We look forward to welcoming you to our stand and to sharing this memorable experience with you.

Continued here:
Join us at the Europe Day Festival for a Day of Fun, Knowledge, and ... - European Public Prosecutor's Office