EU Strengthens Chemical Safety in Textiles

New PFHxA Restrictions Align with bluesign’s Broad PFAS Phase Out Program

The European Commission has recently published the highly anticipated restriction on the use of undecafluorohexanoic acid (PFHxA), its salts, and related substances (Commission Regulation (EU) 2024/2462). This new restriction comes by way of adding entry 79 to Annex XVII to the REACH regulation. The decision was made due to PFHxA’s environmental persistence, its high mobility in aquatic environment, and its potential adverse effects on both human health and the environment.

PFHxA is a subgroup of PFAS (Per- and polyfluoroalkyl substances). PFHxA and its related compounds are widely utilized in several industries, notably in the production of textiles, paper, cardboard, and firefighting foams. In particular, these substances are used in the manufacture of water- and stain-resistant textiles, often found in outdoor clothing like rain jackets, and various accessories, such as handbags and footwear. The widespread and dispersive use of PFHxA in these products is of significant concern as it contributes to increasing environmental contamination and human exposure over time.

In light of this, the European Commission has deemed it necessary to implement a Union-wide restriction on the sale and use of PFHxA, its salts, and related substances in a range of consumer products. These include not only textiles like clothing, leather, and furs but also household items such as carpets, rugs, curtains, blinds, upholstery and food contact materials like paper and cardboard. The restriction extends to items used in public spaces and offices, particularly those frequently visited by the general public. Additionally, certain firefighting foams and cosmetic products containing PFHxA-related substances will be affected by the new regulation.

Transition Period

PFHxA, its salts and related substances shall not be placed on the market in the following products from the dates indicated below:

Restrictions on the use of firefighting foams take effect on 10 April 2026, with an extended deadline of 10 October 2029 for firefighting foams used in civil aviation.

Several uses are exempted from the stipulated restrictions, namely the following:

• personal protective equipment intended to protect users against risks within the scope of risk category III, points (a), (c) to (f), (h), and (l) of Annex I to Regulation (EU) 2016/425
• devices within the scope of Regulation (EU) 2017/745 and 2017/746
• construction textiles

For more information, please refer to legal document.

bluesign’s Commitment to PFAS Phase-Out

In anticipation of raising environmental and human health concern towards PFAS substances bluesign has launched a broad phase out program in 2022 (see details here). The bluesign PFAS phase out goes beyond the scope of the PFHxA its salts and related substances by essentially covering all substances classified as PFAS. By January 1, 2025, all articles and consumer products labeled as bluesign^® APPROVED and bluesign^® PRODUCT must be manufactured without the intentional use of PFAS. Use our bluesign^® GUIDE to get access to certified articles and consumer products that were produced without the use of PFAS and other harmful substances.

bluesign Standards: Reducing Bisphenol Risks in Sustainable Textile Production

Bisphenols are a group of chemicals mostly used in the industrial manufacturing of polymers such as polycarbonate plastics and epoxy resins. These materials are used across a range of consumer products, making them common in many everyday products. The most widely used and known is bisphenol A (BPA), although following the restrictions on the BPA leads to the increasing volumes of bisphenol S and bisphenol F that may be equally harmful.

What is the concern about bisphenols?

Moreover, Bisphenol A is classified in the EU as a substance that:

Did you know?

Bisphenol A has been detected in the urine of 92% of adult research participants covering 11 European countries in the concentration exceeding safe level.

Are there any legal restrictions on bisphenols?

Bisphenols, especially BPA, are subject to various legal restrictions and regulations worldwide due to their potential health risks. Here’s an overview of some key regulations and legal lists where bisphenols are restricted:

Where can be bisphenols be found in the textile industry?

Although the primary route of exposure to bisphenols is through diet, as these chemicals can leach from food packaging, it is important to be cautious about other potential contact pathways. Bisphenols can also enter the body through the skin by contact with items like textiles that may contain traces of these chemicals. Therefore, it is crucial to pay attention to the materials we come into contact within our daily lives to minimize overall bisphenol exposure.

Moving forward with bluesign!

Given the significant health and environmental risks associated with bisphenols, reducing, or eliminating their use is crucial. Protecting human health, especially vulnerable populations such as pregnant women and children, is a primary concern.

Bisphenols A, AF, B, F, and S, which are all currently listed by BOSC, are regulated under the bluesign® BSSL and BSBL. bluesign enforces a usage ban on BPA with one of the most stringent limits on the market, verifying compliance with most regulatory restrictions.

BPA from Chemicals and Consumer Safety

The use of bluesign® APPROVED chemical products guarantees BPA input at a very low level, based on the strict BSBL limit. Additionally, using bluesign® APPROVED materials and adhering to the Restricted Substances List (RSL) for sourcing ensures compliance with the highest market standards. Together with effective Input Stream Management (ISM) is the best strategy to ensure safety.

Textile recycling with bluesign

Textile recycling is a significant aspect of sustainability, but it often involves the unknown chemical mixtures including bisphenols.

This topic underlines the importance of the Input Stream Management. In general, reliable sources in combination with ISM and testing provide remarkable reduction of the potential exposure.

For bluesign® SYSTEM PARTNERS instruction regarding the use of recycled material is available in our guidance documents.

Alternatives? Use bluesign® FINDER

The push towards eliminating bisphenols in the textile industry involves finding safer alternatives that do not compromise the quality and functionality of the products. Research and development are focusing on biodegradable and non-toxic compounds that can replace bisphenols in various textile applications.

bluesign® FINDER offers the world’s most comprehensive positive list for APPROVED chemical products, all complying with strict bisphenol limits. It provides access to over 25,000 chemical products that support sustainable chemistry and clean production achieving the RSL compliance. Moreover, bluesign® FINDER offers nearly 200 bisphenol- free alternatives for aftertreatment agents.

With bluesign® certified textiles, consumers can confidently choose products ensuring safety and sustainability in every thread.

The bluesign® Difference

‘The bluesign® difference’ is the pathway, “to meet specific sustainability criteria, with four particular areas in mind; resource efficiency, environmental impact, health and safety at work, and consumer protection,” as said by Sugath Disanayake, Assistant Manager – Chemical Sustainability at MAS Capital in the latest blog update at MAS Holdings.

At bluesign®, motivated System Partners are what allow us to complete our mission of providing sustainable solutions for the textile supply chain. Our System Partner Manufacturer, MAS, and their MAS’ Plan for Change, is a perfect example of this aligned vision. With the initiative including 12 sustainability goals and projected to be accomplished by 2025, it won’t be a small endeavor. That’s why MAS has partnered with us to ensure that we can help see these goals through.

Joining as a bluesign® System Partner means applying the bluesign® System, and in the words of our partner,

“…adopting this system helps eliminate harmful substances from the get-go and sets stringent standards for environmentally friendly manufacturing, ensuring that the final textile product meets strict consumer safety requirements worldwide, while giving consumers confidence in their purchase decisions.”

Sugath Disanayake, Assistant Manager – Chemical Sustainability at MAS Capital

MAS’s adoption of globally recognized sustainability standards demonstrates their dedication to comprehensive environmental responsibility without sacrificing product functionality, quality, or design.

A key aspect of our collaboration is the innovative ‘Input Stream Management’ approach within the bluesign® System. This methodology ensures that only approved raw materials and chemicals are utilized throughout MAS’s value chain, embedding sustainability from the very inception of garment production. This is a crucial step toward achieving MAS’s 2025 chemical management goals.

As MAS plans to implement the bluesign® System across all its dyeing facilities, this move signifies a strong commitment to sustainability and catalyzes a cleaner, more environmentally conscious future.

“Breaking new ground at MAS, we, as proponents of sustainable apparel manufacturing, celebrate the dedication of our teams’ investments in this system, as they forge a path towards a more sustainable future.”

Sugath Disanayake, Assistant Manager – Chemical Sustainability at MAS Capital

bluesign CMR Solvent Phaseout Program

In a bid to enhance environmental performance and ensure consumer safety, we have launched a comprehensive phaseout program for critical solvents. Since its inception in September 2021, this initiative has gained traction among our system partner manufacturers, aiming to mitigate the adverse effects of hazardous substances.

CMR (carcinogenic, mutagenic, or toxic for reproduction) substances such as Dimethylformamide or Toluene pose significant risks to human health, particularly in industries like textile manufacturing, footwear production, and accessory manufacturing. To address these concerns, bluesign’s CMR solvent management concept advocates for the use of less hazardous alternatives and emphasizes non-regrettable substitution with water-based processes emerging as a viable solution.

As of January 1, 2022, manufacturers failing to comply with the CMR solvent management concept are barred from joining the bluesign^® SYSTEM, underscoring our commitment to sustainability standards.

We at bluesign are pleased to report that a considerable number of its system partner manufacturers have already implemented the necessary measures well ahead of the previously stated 2024 deadline. This proactive approach has received praise from industry leaders like Mikio Umekawa, Managing Director at system partner Japanese manufacturer Tecone Co., Ltd. highlighting the significance of environmental stewardship in corporate management.

“Proactive efforts for environmental issues are an essential factor for our future corporate management and this has a significant impact on our vision as a textile finishing manufacturer that plays an important role in the apparel industry. It is also fact that manufacturing itself places a burden on the environment. It is a company’s mission and social responsibility to continuously decrease the resource consumption of wastewater, air emission and waste, etc. We believe that it will also contribute to further development of our company.
TECONE Co., Ltd. conducted the bluesign^® ASSESSMENT in 2019 and decided to install RTO in order to reduce VOCs in the surrounding environment. Our core product is breathable and has waterproof film. In order to bring new products to market quickly, we decided that it was extremely important to install RTO to improve our manufacturing system and reduce the impact on the environment.”

Mikio Umekawa, Managing Director of Tecone Co., Ltd.

Despite this progress, we emphasize the need for full industry adoption of the CMR solvent concept. Revised timelines have been established for manufacturers currently in the implementation phase to ensure alignment with sustainability goals.

Important deadlines regarding certification of bluesign^® APPROVED articles have also been outlined, focusing on compliance with CMR solvent management principles.

■ As of January 1, 2024: Certificates granted only for articles produced at production sites which comply with the CMR solvent management concept or for which an improvement plan exists.

■ As of January 1, 2027: Certificates granted only for articles which are produced at production sites which comply with the CMR solvent management concept.

For companies that have not changed to less hazardous solvent alternatives or water-based processes the following actions are mandatory according to the bluesign CMR solvent management concept:

■ Install an off-gas abatement system with an efficiency for CMR solvent(s) of at least 95% or a TOC concentration in the off-gas of less than 10 mg/m³ (all relevant emission ports) or install a recycling system with an efficiency for CMR solvents of 95% or more.

Our team extends its appreciation to all brand system partners committed to environmental sustainability. As a partner in this endeavor, bluesign emphasizes the importance of strategic investments in sustainability, despite potential material price increases. Collaboration between brands and manufacturers is crucial for the successful implementation of advanced machinery and technologies aimed at avoiding and capturing toxic fumes and reducing environmental impact.

EU parliament adopts law on banning greenwashing

bluesign^® welcomed the news that the EU parliament has voted overwhelmingly for a new law banning greenwashing and misleading product information, putting a stop to generic and unsubstantiated environmental claims.

In the future, all environmental claims will need to be backed by verified data supporting those statements.

Generic phrases, that have become commonplace, such as “environmentally friendly”, “natural”, “biodegradable”, “climate neutral” or “eco” will no longer be permitted without independently assessed and certified proof.

The directive will also ban claims that a product has neutral, reduced, or positive impact by using emission offsetting schemes.

Furthermore, the use of sustainability labels will also be regulated. Only those based on official certification schemes or those established by public authorities will be allowed in the EU.

As a long-standing opponent of greenwashing in all its forms, bluesign’s head of academy, Dr Daniel Waterkamp, greeted the news as;

“A major step in empowering the consumer to make better product choices based upon true environmental performance information.”

The directive is to receive final approval from the Council; then member states will have 24 months to transpose it into national law.

The new directive will work in tandem with the green claims directive, currently being discussed at committee stage in Parliament which will provide greater detail on the specific conditions for using environmental claims.

The bluesign^® SYSTEM offers its partners the help they need to fulfill their legal obligations around sustainability claims for their textile products.

bluesign^® APPROVED textile articles are backed by independently assessed and verified bluesign data to secure our partners’ environmental claims.

Eco-modulation in France
Get a bonus for your textile products certified as bluesign^® PRODUCT

Extended Producer Responsibility in France

Governments are increasingly legislating to improve circularity of material use in textile supply chains. France’s Extended Producer Responsibility (EPR) program is one such example. Not only does it require producers[1] to pay for the recycling and disposal of textile products at the end of their lives, it recognises and rewards producers who bring sustainably manufactured articles, such as bluesign certified products, to market. Producers are defined as

■ Manufacturers of products subject to EPR requirements that sell domestically or

■ Importers of products subject to EPR requirements or

■ Companies selling products subject to EPR requirements under own brand/name.

By law, textiles are subject to the EPR since January 1, 2007. It covers textile products, household linen and footwear sold in France. EPR also applies to numerous other economic sectors (electrical and electronic equipment, paper, packaging, lightbulbs, batteries, etc.).

The law obliges producers to provide for or contribute towards the management of waste for articles placed on the market for consumers.

To provide an individual waste collection and treatment system for sold products is for most companies a rather complex task as very specific requirements from the accrediting ministry need to be met.

An alternative solution is to transfer the responsibility to an organisation specifically dedicated to this mission (and which is already accredited by the public authorities) by financially contributing. In France, this can be done by registering with the eco-organisation Eco TLC / Refashion. Following link can be used for registration:

https://extranet.refashion.fr/en/

Producers and distributors of textile and footwear articles can register as a ‘Marketer’. Refashion will charge a per piece fee to finance a waste collection, recycling and disposal system. Companies registered at Refashion are released of their legal E.P.R obligation. The applicable fees can be retrieved under

https://refashion.fr/pro/en/2021-eco-fees-scale

How to get the ‘Eco-Modulation’ Bonus?

To encourage and reward the virtuous steps of eco-design, Refashion has implemented a bonus system called ‘eco-modulations’. Companies registered at Refashion can benefit from a per piece bonus under 3 eco-modulation schemes:

■ Bonuses for product sustainability (durability),

■ Bonuses for obtaining environmental labels,

■ Bonuses for incorporating raw materials from recycling.

bluesign is an environmental label that is recognized by Refashion. Hence, bluesign^® SYSTEM PARTNERS that have their products certified as ‘bluesign^® PRODUCT’ gain access to a very attractive bonus under the eco-modulation scheme. Up to 100’000 pieces per style the bonus is 0.3 Euros/piece. Above 100’000 pieces the bonus is counted as 0.03 Euros/piece. For 150’000 pieces of a style sold annually this would qualify for a bonus of  

100’000 x 0.3 Cents + 50’000 x 0.03 Cents = 31’500 Euros

Those bonuses can be claimed annually. In year N (e.g. 2024) the certified article styles need to be declared. In year N+1 (e.g. 2025) the bonus will be paid upon the number of declared pieces. A detailed description how to apply for the Eco modulation bonuses can be retrieved from the Refashion website:

https://refashion.fr/pro/sites/default/files/fichiers/BAREME_ECO_MODULATIONS_2023_REFASHION_EN_EXE.pdf

To benefit from bonuses in 2025 certified products with the label ‘bluesign^® PRODUCTS’ must be declared before 30^th of November 2024. Evidence of certification is shown by referring to the certified product style in the bluesign^® GUIDE. The bluesign^® GUIDE is a publicly available web application for the verification of certified articles and consumer products (www.bluesignguide.com).

Don’t miss the chance to get your bonus for your bluesign^® PRODUCTS!

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[1] According to Article L541-10 of the French Circular Economy Law, you are considered a producer if you are generating waste in France

Transforming Waste into Fashion with SYSTEM PARTNER ERCA Group

We Celebrate ERCA’s Brand REVECOL®: Transforming Waste into Sustainable Fashion with the help of Patagonia and YKK

Today, we proudly announce a groundbreaking development that is set to revolutionize the fashion-making process. ERCA, a key player in the sector and an Italian innovation-driven chemical group, has introduced a game-changing innovation under the brand name REVECOL®.

January 2024 marks the official birth of ERCA TCS (Textile Chemical Solutions), a business unit of ERCA S.p.A. with a focus on the textile market.

The decision to give birth to ERCA TCS comes from the desire to be a unique and innovative reference point for ERCA’s customers, with products and services designed specifically for the needs of today’s textile industry, grappling with the challenges and opportunities of sustainability and responsible production.

ERCA TCS bases its activities on the principles of “Green Chemistry” with the aim of offering the textile industry chemical solutions that make the concepts of safety, performance and circularity a reality.

The chemical auxiliaries of ERCA TCS are the result of a vision that incorporates responsible innovation, continuous research, and a desire to off er to the market effective yet ethically, environmentally, and economically sustainable solutions. Fabio Locatelli, Head of BU Textile and shareholder of ERCA explains:

“Our goal is to make ERCA TCS a reference point for sustainable innovation and help reduce the environmental impact of the textile industry by adopting innovative and truly sustainable solutions and services. A commitment to people’s well-being and responsible use of our planet’s resources has always been part of our DNA. We are always looking for innovative solutions through the development of products that are increasingly high-performing, competitive and sustainable at the same time”.

Fabio Locatelli, Head of BU Textile and shareholder of ERCA

REVECOL® by ERCA represents a paradigm shift in textile auxiliaries. This revolutionary line of chemical products is bluesign® APPROVED and derives its strength from the upcycling of a critical waste material: vegetable exhausted cooking oil. The result is a complete, safe, certified, and high-performing range of auxiliaries that promises to reshape the industry.

This innovative approach by ERCA not only underscores their commitment to environmental responsibility but also elevates their status as pioneers in sustainable textile solutions. By harnessing waste materials and turning them into valuable resources, REVECOL® addresses the ever-pressing need for circularity and sustainability in fashion production.

“The launch of REVECOL® by ERCA is a monumental step forward for the textile industry. This breakthrough innovation perfectly aligns with our mission to create a more sustainable and responsible fashion-making process. ERCA has indeed filled a crucial gap with this initiative.”

Fabian Walda, Head of Sustainability Services at bluesign

REVECOL® serves as the missing piece to boost sustainability and circularity throughout the fashion-making process. ERCA’s unwavering commitment to innovation, safety, and environmental protection is embodied in this product line, making it a symbol of progress in an industry striving for a greener future. We at bluesign applauds ERCA for its vision and dedication to transforming the industry. REVECOL® by ERCA is more than just a product; it’s a testament to the positive change that can occur when sustainability and innovation converge.

bluesign’s Carbon Footprint Calculation Reveals Remarkable Results

Thanks to our carbon footprint calculation and bluesign verified data, we are thrilled to announce that the carbon footprint of REVECOL®LV-TS is 72% lower than conventional chemical auxiliaries produced by ERCA. ERCA takes pride in being the first company in the world to have GRS certified chemical products, paving the way for circular chemical solutions, while also being bluesign® APPROVED.

Thanks to our carbon footprint calculation and bluesign verified data, we are thrilled to announce that the carbon footprint of REVECOL®LV-TS is 72% lower than conventional chemical auxiliaries produced by ERCA. ERCA takes pride in being the first company in the world to have GRS certified chemical products, paving the way for circular chemical solutions, while also being bluesign® APPROVED.

“We saw an opportunity to build a partnership with ERCA, an innovator who was pushing the boundaries of sustainability, and match them with an existing partner, YKK, that consistently delivers high-caliber, quality goods and services. Through thoughtful consideration, we designed our approach and conversion to REVECOL® LV-TS to have an outsized impact from the start. The real success is seeing this go beyond Patagonia® products and spread across supply chain partners, brands, and consumers. This is one domino to fall in how we do business to save our home planet.”

Matt Swartz, Color and Material Quality Manager at Patagonia®

“We are thrilled to be part of this unique 3‐way collaboration, exemplifying how true upcycling on a mass production scale is made possible at the center of garment manufacturing. We look forward to the expansion of REVECOL® across the entire textile industry.”

Mike Maekawa, Sales and Business Development Manager of YKK Vietnam

As part of its Sustainability Vision 2050 YKK is constantly working to deploy more sustainable chemical processes in its production. REVECOL® is not only more sustainable it is also more efficient, reducing the use of the dyeing auxiliary by 20% to 30%, helping to lower YKK’s overall chemical usage.

Development of the REVECOL® Line by ERCA’s Textile BU

The REVECOL® line was developed by ERCA’s Textile BU, which includes a research and development center, production facilities, quality control laboratory, and application laboratories and technical assistance. This levelling agent was registered together with bluesign and approved by European Union IPPC as a Best Available Technique for textile industry and is listed accordingly in the BAT reference Document (BREF). Fabio Locatelli, Head of BU Textile and shareholder of ERCA, emphasized the company’s commitment to people’s well-being and the planet’s resources, stating,

“We are always looking for innovative solutions through the development of products that are increasingly high-performing and sustainable at the same time. Our goal is to be a point of reference for sustainability and help reduce the environmental impact of the textile industry by adopting truly sustainable innovative solutions and services. We aim to counter the ‘Greenwashing monster’ that often uses communication or marketing strategies that tend to present activities as eco-sustainable. In short, our aim is to counteract a facade of ecology. If you can’t prove your claims, you are not credible, and this is unacceptable to us.”

Fabio Locatelli, Head of BU Textile and shareholder of ERCA

Dedicated Research and Development for Product Credibility

To ensure the value and credibility of their products, ERCA dedicates significant work, expertise, and time to research and development. Each product undergoes 6-8 months of study and fine-tuning, followed by an additional 6 months for fundamental analyses such as biodegradability and aquatic toxicity, conducted at specialized centers. bluesign’s third-party verified data is then obtained to independently testify to the real measure of the value of these products.

ERCA Spa Achieves GRS Certification

ERCA Spa, with the REVECOL® range, is the first chemical company in the world to obtain the prestigious GRS (Global Recycled Standard) certificate, conferred by Textile Exchange, one of the most important non-profit organizations promoting responsible and sustainable practices in garment manufacturing.

bluesign Supports ERCA’s Groundbreaking Development

bluesign enthusiastically supports the groundbreaking development achieved by ERCA with the introduction of REVECOL®. As the gold standard for more sustainable textile production, we are dedicated to promoting innovative and sustainable solutions in the industry. With ERCA’s REVECOL® and the collaboration of leading companies like Patagonia® and YKK, the possibility to reduce the environmental impact of the textile industry becomes more attainable.

The following report details the Product Carbon Footprint (PCF) analysis performed by bluesign® ACADEMY on the following chemical products manufactured by ERCA S.p.A. in Italy: REVECOL® LV-TS and STD LAUGAL HLT. For example, these products are comparable in terms of function and performance, whereas REVECOL® LV-TS utilizes approximately 40% recycled feedstock in the chemical formulation. STD LAUGALHLT relies solely on virgin feedstock. This product carbon footprint analysis measures the environmental impact in terms of the overall global warming potential (GWP) of the products along their life cycle from cradle to customer.

In conclusion, the product carbon footprint calculation at hand shows that the GWP of REVECOL LV-TS is significantly lower than the GWP of STD LAUGAL HLT. It is clear that the main reason for this is the replacement of virgin feedstock with recycled feedstock in the chemical formulation of REVECOL® LV-TS. It can be concluded that REVECOL LV-TS has about a 72 % lower GWP compared to STD LAUGAL HLT.

The european commission green claims directive

Among the many new initiatives being prepared by legislative bodies across the globe, the European Commission’s far-reaching Green Deal initiative has recently seen the tabling of their Green Claims Directive. It calls for greater regulation of all environmental claims, through certification by an accredited body. This represents a major shift and moves the topic of ‘sustainability” from, what has often been little more than a marketing slogan to an essential brand commitment and purpose.

This bluesign^® ACADEMY White Paper provides an overview of the Directive. If you would like to speak to us about forthcoming regulatory change please contact us at bluesign@academy.com

OVERVIEW

• The European Green Deal tackles false environmental claims by ensuring that buyers receive reliable, comparable, and verifiable information to make more sustainable decisions and to reduce ‘green washing’.
  
• European Commission (EC) wants environmental claims based on environmental impacts along products’ life cycles to be substantiated.
• EC will regulate use of environmental claims by establishing solid and harmonized calculation methods covering the full value chain.

CLAIMS

MISLEADING CLAIMS: THE SCALE OF THE PROBLEM

• In spite of consumers’ willingness to contribute to a greener and more circular economy this is hampered by a lack of trust in the credibility of environmental claims and the proliferation of misleading commercial practices related to the environmental sustainability of products.
• Greenwashing and lack of transparency and credibility of environmental labels, occur at various stages of the consumption journey.
• The European Commission’s 2020 study found that of environmental claims 53.3% provide vague, misleading, or unfounded information about products’ environmental characteristics across the EU and across a wide range of product categories.
• 40% of environmental claims were unsubstantiated by verifiable evidence.
• Of 344 sustainability claims assessed by EU Member State Consumer Protection authorities, in 57.5% instances the claim’s accuracy could not be judged.
• In 50% of cases Member State Authorities had difficulties identifying whether claims covered the whole product or only one of its components
• In 36% of cases, whether it referred to the company or only certain products, and:
• In 75% of cases which stage of the products lifecycle it covered (75%).
• Most stakeholders consulted agreed that greenwashing is a problem, with the noticeable exception of industry representatives

FRAMEWORK FOR FUTURE CLAIMS

The proposal requires that in future explicit environmental claims shall be based on an assessment that at minimum is defined by criteria that are not misleading, and that the claim:

• relies on recognized scientific evidence and state of the art technical knowledge;
• demonstrates the significance of impacts, aspects, and performance from a life-cycle perspective;
• accounts for all significant aspects and impacts to assess the performance
• demonstrates whether the claim is accurate for the whole product or only for parts of it (for the whole life cycle or only for certain stages, for all the trader’s activities or only a part of them);
• demonstrates that the claim is not equivalent to requirements imposed by law;

provides information on whether the product performs environmentally significantly better than what is common practice;

•  identifies whether a positive achievement leads to significant worsening of another impact;
• requires greenhouse gas offsets to be reported in a transparent manner;
•  includes accurate primary or secondary information.

LABELLING

ENVIRONMENTAL LABELLING: THE ISSUES

 (Environmental labels: i.e., those covering predominantly environmental aspects of a product or trader)

An assessment of 232 active ecolabels in the EU also examined their verification and certification aspects and concluded that almost half of the labels’ verification was either weak or not carried out.

Over a quarter (27%) of participants said “the proliferation and/or lack of transparency/ understanding/reliability of sustainability logos/labels on products and services” was an obstacle to empowering consumers.

34% of businesses identified the “the proliferation and/or lack of transparency / understanding / reliability of sustainability logos / labels” as an obstacle.

Companies that make the effort to adhere to or develop reliable environmental labelling schemes are disadvantaged compared to companies that use unreliable environmental labels as consumers often cannot tell the difference.

Companies that offer truly sustainable products are disadvantaged compared to those that do not.

FRAMEWORK FOR FUTURE LABELLING

The mechanism that will be used to ensure that in future, environmental labelling is neither vague, misleading, nor unfounded, will be through an amendment to the Unfair Commercial Practices Directive. It will:

• List product characteristics about which a trader should not deceive a consumer is to include ‘environmental or social impact, ‘durability’ and ‘reparability’.
• The list of actions which are to be considered misleading if they cause or are likely to cause the average consumers to take a transactional decision that they would not have otherwise taken, ‘making an environmental claim related to future environmental performance without clear, objective, and verifiable commitments and targets and an independent monitoring system.
• The list of unfair commercial practices will expand to include:
• Displaying a sustainability label which is not based on a certification scheme or not established by public authorities.
• Making a generic environmental claim for which the trader is not able to demonstrate recognized excellent environmental performance relevant to the claim.
• Making an environmental claim about the entire product when it concerns only a certain aspect of the product.
• Presenting requirements imposed by law on all products in the relevant product category on the Union market as a distinctive feature of the trader’s offer.
• The proposal is for a stand-alone legal instrument that …sets a framework for the substantiation of voluntary environmental claims.
• Member States shall provide that penalties and measures for infringements of this Directive shall include:-
• fines which effectively deprive those responsible of the economic benefits derived from their infringements, and increasing the level of such fines for repeated infringements;
• confiscation of revenues gained by the trader from a transaction with the relevant products concerned;
• temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants, and concessions.
• The maximum amount of such fines being at least at 4 % of the trader’s annual turnover in the Member State or Member States concerned.

VERIFICATION

ENSURING IMPARTIAL VERIFICATION OF FUTURE CLAIMS

An entity verifying environmental claims:

• Shall be a third-party conformity assessment body formally accredited by a nationally recognized certifying entity.
• Accreditation given to a claim shall be based upon an evaluation in compliance with the requirements in below:
• the verifier shall be independent of the product bearing, or the trader associated to, the environmental claim;
• the verifier, its top-level management, and the personnel responsible for carrying out the verification tasks shall not engage in any activity that may conflict with their independence of judgement or integrity in relation to the verification activities;
• the verifier and its personnel shall carry out the verification activities with the highest degree of professional integrity and the requisite technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their judgement or the results of their verification activities,
•  the verifier shall have the expertise, equipment and infrastructure required to perform the verification activities in relation to which it has been accredited; 
• the verifier shall have a sufficient number of suitably qualified and experienced personnel responsible for carrying out the verification tasks;
• the personnel of a verifier shall observe professional secrecy with regard to all information obtained in carrying out the verification tasks;
• where a verifier subcontracts specific tasks connected with verification or has recourse to a subsidiary, it shall take full responsibility for the tasks performed by subcontractors or subsidiaries and shall assess and monitor the qualifications of the subcontractor or the subsidiary and the work carried out by them. 

TIMING

As a first step, the Directive is to be put before the European Parliament. No date has been set for this.

Once signed, the Directive:

• is to be published in the Official Journal of the European Union and will come into force on the 20^th day following publication.
• if signed in early 2024, it is then to be transposed into the law of the Member States during and start-up period over a two-year period from 2024 onwards.
• is to be in full scale operation across the EU is scheduled thereafter.

The Directive will be in force for an unlimited duration.