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Protect consumers

To implement the Green Claims Directive, the EU Commission presented measures against "greenwashing and misleading environmental claims".

Another milestone has been reached in the implementation of the long-planned and controversially discussed European Green Claims Directive: On 22 March 2023, the responsible EU Commission presented its measures against "greenwashing and misleading environmental claims": a major step for consumer protection - a major challenge for the packaging industry.

The bar is set high: "With this proposal, we are giving consumers the certainty that something that is sold as environmentally friendly is actually environmentally friendly", says Frans Timmermans, Vice-President of the Commission. But originally, the Green Claims Directive was supposed to have been implemented long ago. It is part of the European Green Deal, a very ambitious package of measures to protect the environment in Europe. The first and second packages were already adopted in March and November 2022. The timing of the third package has now been discussed. "In terms of content, the Commission remains consistent with its measures, and some aspects have even been tightened upsuch as the ban on new national ecolabels (circular labels). In terms of implementation, the package cannot keep up with the speed set for the SUPD, the single-use plastic ban, but the countries are willing to act quickly here," explains expert Malte Biss from Flustixv.

Realisation in Germany

The EU Commission intends to submit the directive to the member states in the first quarter of 2024, which will then theoretically have two years to implement the requirements as law. However, Malte Biss assumes that Germany is a pioneer here and is putting pressure on implementation"Unlike with other EU directives, Germany is seen as a driver of the measures here. When the EU's largest economy implements measures, the other markets are not left untouched. In Germany, implementation is the responsibility of Steffi Lemke's Federal Ministry for the Environment and Cem Özdemir's Ministry of Agriculture and Food. Both Lemke and Özdemir have the greenwashing issues at the top of their agenda and are willing to implement the directives very quickly. Parts of the industry already fulfil the requirements and use independent certification procedures, because after price, sustainability is the most important factor in purchasing decisions," summarises Biss.

Certify every environmentally relevant statement

This statement remains in place and is even tightened up. "Statements that merely emphasise the legally prescribed minimum standard may also no longer be communicated. If a recyclate content of 25 per cent is prescribed for plastic packaging from 2025, claims such as 'packaging made from 25 per cent recycled plastic' may no longer be used in advertising. A scoop (recyclates, editor's note) must then be added," emphasises Malte Biss.

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The responsible commission describes such slogans as "explicit advertising claims" and cites further examples: "T-shirt made from recycled plastic bottles", "climate-neutral shipping", "packaging made from 30 per cent recycled plastic" or "ozone-friendly environmental protection". These are all examples that consumers frequently encounter in their everyday lives. The implementation of this directive will have a correspondingly visible impact and significantly change the market.

Advertise with ecological advantages in future

What must a company do to score points with the environmental benefits of its products in future? According to Brussels: "Before companies include any of the types of environmental claims in question in their consumer information, they must Information to be independently verified and substantiated by scientific evidence in future become. As part of a scientific analysis, companies will identify the environmental impacts that are actually relevant to their product and also any trade-offs in order to provide a complete and accurate picture." Industry expert Biss explains what this means: "By a complete picture, the Commission means an independent review of the entire value chain. Each individual component of the supply chain must be independently verified and confirmed."

The flustix-RECYCLED-DIN-tested certificate states the exact article designations as well as the origin and provenance of the tested material.
The flustix-RECYCLED-DIN-tested certificate states the exact article designations as well as the origin and provenance of the tested material. (Image: Flustix)

Complex testing procedure

Do we need such a complicated testing system in Europe? Malte Biss has a clear view on this: "There is no alternative for the recycling system in Europe. We currently have uncontrolled material flows on the market." One example: A large manufacturer of cleaning agents and detergents was offered recycled materials from Vietnam. However, this was not recycled material, but relabelled virgin material from China. Seamless audits and proofs make such machinations much more difficult. "The circular economy only works if we really know what is in the products", says Biss.

The audit covers the entire supply chain, from the raw material to the end product. The inspection is carried out by recognised inspectors, whose results are subjected to a conformity assessment by independent engineers. Only then is the seal awarded by independent partners. "At flustix, we work together with DIN CERTCO/TÜV Rheinland, among others."

Certification, verification, sanctions

The question arises as to who will be authorised to certify in the future and which labels will then exist. The EU Commission is taking action here: Certification bodies must be recognised. New labels are only authorised under strict conditions, unless they are developed by the EU. The EU counts currently 230 ecolabels, all of which are now being reviewed. "We assume that the EUIPO, the EU authority for intellectual property, will also play a central role here and control the awarding of the labels. The EUIPO awards the Union guarantee marks, and every internationally active eco-label must be listed here. Brussels expects that there may be 100 left in the end," analyses Biss.

To this end, the EU is installing a testing system that assesses all standards. The 27 member states are then responsible for carrying out the checks. Each country must have a designate an appropriate authority responsible for enforcing the provisions.

Sanctions are expected in the form of fines. The amount depends on the severity of the offence, e.g. repeat offenders are punished more severely. Revenue that the trader has generated from a transaction involving the products in question may be confiscated. The Penalty should amount to at least four per cent of total annual turnover. There is also a risk of exclusion from public procurement procedures and access to public funds, including tenders, grants and concessions.

The publication of the EU Green Claims Directive provides important guidelines that companies should implement as soon as possible, lawyers advise. Judges will also be keeping an eye on the forthcoming greenclaim regulations in current disputes.

What questions are still open?

Among other things, the The quality seals with environmental aspects created by industry associations themselves are under scrutiny. They were not included in the first draft, but now these quality labels are to be recognised alongside the accredited eco-labels. How this will look in practice has not yet been finalised, as the EU demands independence. "It will also be exciting to see how the EU deals with national ecolabels that are distributed and used beyond national borders. France already has the national Triman logo, and Germany is also planning its own national recycling label. That doesn't really make much sense now," emphasises Malte Biss.

For some points, we relied in greater depth on the expertise of certification and sustainability specialist Malte Biss, who followed the processes closely from the outset and also categorised the results in terms of practicability.
We relied on the expertise of certification and sustainability specialist Malte Biss, who has been closely monitoring the processes from the outset and categorising the results in terms of practicability. (Image: Flustix)

Mr Biss, how will the economy react to the new directive?

After the initial excitement, it will certainly be seen as positive in the end. Of course, there are always tricksters who use loopholes to optimise profits. However, we are experiencing a positive spirit of optimism in most industries. Many cosmetics manufacturers have already recognised that independent certification of the absence of microplastics cannot be replaced by any self-made or fake seals. The entire value chain is already reacting to the upcoming change in the law. Companies that purchase recycled material expect the recycled material manufacturer to provide certified goods. Large parts of the industry are now in the middle of implementation. I wouldn't rely on the seemingly generous transition periods. There could be bottlenecks when it starts. Certification can also take longer if it involves a complex supply chain.

What areas do the flustix seals cover, for example?

Our seals are a blueprint for what the EU expects in the future: The flustix-RECYCLED-DIN-tested certificate states the exact article designations as well as the origin and provenance of the tested material. It also declares whether it is post-industrial or post-consumer recycled material and/or a mix of the two. We are also one of the few internationally recognised seal providers that have high requirements for transparency and limiting harmful substances, comparable to the national Blue Angel. The organisation offers six different seals, four on the topic of plastic-free, including packaging and microplastic-free, and two on the topic of circular economy, which prove the use of recyclates and/or the recyclability of packaging. All six labels are internationally recognised, serve as a guide for consumers and support companies in a corporate strategy geared towards sustainability.

Which companies rely on flustix certification?

The entire value chain has already responded to the impending change in the law. We have now issued more than 200 licences; licensees include traditional brands such as Kneipp, Vermop and Tesa, which rely on our certifications, as well as the young and wild ones such as Biobaula, Everdrop and VAAY, which rely on the absence of microplastics. Demanding companies use several certifications, as we see with detergent and washing-up liquid products from Claro in Austria, for example. In addition to the flustix seal, they also carry the EU Ecolabel. The flustix seal is also already present in the cosmetics sector, for example on the CBD sports gels or body lotions from manufacturer Vaay.

http://www.flustix.com

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