EUU, Alm.del - 2019-20 - Bilag 929: Høringssvar vedr. roadmap om fremtidig EU-regulering, der kan understøtte forbrugere i den grønne omstilling

Europaudvalget 2019-20
EUU Alm.del Bilag 929
Offentligt

Response by the Danish government to the initiative “Empowering the

consumer for the green transition”

European consumers will be a driving force in EU's green transition. The

Danish government thus welcomes the Commission's initiatives to em-

power consumers for the green transition. It is important that new initiatives

go hand in hand with an ongoing focus on ensuring effective consumer

protection during the transition.

We support

the Commission’s continued focus on enhancing active con-

sumer behaviour and encourage the Commission to build new consumer

initiatives in order to support this development. We specifically encourage

the Commission to focus on behavioural knowledge and evidence when it

comes to EU's marketing law.

The following remarks encompass the Danish position on the inception im-

pact assessment:

1. Consumers often lack reliable information at the point of sale

Providing information about products’ sustainability

can be an effective

way to make it easier for consumers to make more “green” consumption

decisions. It is, however, important that there are specific requirements for

the provided information in order for the information not only to be accu-

rate and relevant, but easy for consumers to understand and act upon, i.e.

by enabling comparisons between products. Information, which does not

fulfil these criteria, might add to consumer confusion and mistrust in green

marketing and dampen their interest in purchasing sustainable products.

Including information on lifetime energy costs

An example of information that is relevant and easy to act upon for con-

sumers is lifetime cost on energy consuming products.

A yet to be published study by the Danish Competition and Consumer Au-

thority shows that if consumers have to buy heavy energy consuming ma-

chines, such as dryers, they would choose more energy efficient machines,

if informed about the total cost of ownership including lifetime energy

costs. This means that even though all the machines were marked with the

European energy label, adding lifetime energy costs motivated a more sus-

tainable consumer behavior. The study stresses that consumers in general

do not automatically consider future expenses in a purchase situation. How-

ever, the study also shows that the challenge of encouraging consumers to

consider future expenses can be overcome in cases of heavy energy con-

suming machines by presenting the information on lifetime energy con-

1. September 2020

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suming cost in the purchase situation. It could thus be considered to exam-

ine further the benefits of including requirements of such information in

potential new regulation.

A Green European Market based on PEF/OEF and type I ecolabels

The format, in which the information is presented, can also influence the

effect the information has on consumer understanding. Different presenta-

tion formats for the Product Environmental Footprint (PEF)

are currently

being tested by the Commission and we find that the findings should also

feed into the impact assessment.

We find that the PEF should be included in the Commission's impact as-

sessment as the basis for companies' green claims. Also, type I ecolabels

such as the EU's own ecolabel and the Nordic Ecolabel could contribute to

companies' green claims in relation to the properties of the specific prod-

ucts and services.

We encourage the Commission to prepare the necessary Product Environ-

mental Footprint Category Rules (PEFCRs)

if PEF and OEF (Organization

Environmental Footprint) are to play the intended role in the green transi-

tion. PEF and OEF are mentioned in several Commission proposals but

there are currently not many category rules (PEFCR) developed, as these

are necessary to introduce PEF and OEF. The PEFCR calculations could

eventually allow the European Commission, public authorities and the pri-

vate sector to benchmark and communicate a so called PEF profile to con-

sumers.

Period of liability

The Commission's Action Plan on Circular Economy, including the ex-

pected revision of the Sale of Goods Directive, are relevant in terms of an

increased focus on product lifespans. It could be examined whether a longer

period of liability for the seller could be introduced, including for products

with a longer life expectancy (in addition to the minimum of two years as

prescribed by the Sale of Goods Directive). The examination should also

include cases where the seller markets the product as having a long life

expectancy. The Danish Government notes that the Sale of Goods Directive

is currently being transposed into national law by all of the member states.

Moreover, the impact assessment should examine the connection between

the length of the period of liability for the seller, the length of the so-called

presumption rule/reversed burden of proof and the proportion/number of

repairs. As proposed amendments to the existing rules should be based on

https://ec.europa.eu/environment/eussd/smgp/communication/product_information.htm

Product Environmental Footprint Category Rules aim at identifying the most relevant environmen-

tal impact categories and activities along the life cycle for a respective product category.

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empirical research, we encourage the Commission to examine whether and

to what extent a "right to repair" could have a green impact and a waste

reducing effect and thus contribute to a circular economy.

In line with our position on DG ENER's Sustainable Products Policy Initi-

ative (revision of the ecodesign directive), we find that it

–

depending on

the results of the empirical study - might be useful to have a general and

proportionate requirement for upgradeability and reparability for products

placed on the EU market.

Chemicals

The transition to a more circular economy requires a coherent approach to

product regulation with common principles which are generally based on

the PEF in combination with zero tolerance regulation for certain types of

chemicals. In order to protect consumers and increase their ability to make

informed choices, a future consumer policy should therefore include the

possibility to declare or label problematic chemicals in relevant products.

Market Surveillance

Effective EU-wide market surveillance in accordance with the Market Sur-

veillance Regulation can - by removing bad products from the market and

thereby incentivize companies to produce better products - support product

durability, reusability, upgradeability and reparability for the benefit of

consumers and companies.

Today, there are product categories that only a few countries have the

budget to control, or products that are often order-produced or only pro-

duced in small numbers. This complicates the market monitoring process,

which in some cases leads to several product categories avoiding testing

unless the Commission bears the cost of the test. An example of this prob-

lem is power transformers.

2. Consumers have to contend with commercial practices that cause

confusion and misinformation, or breed mistrust and dampen

their interest in purchasing sustainable products

The increasing consumer demand on green and sustainable products incen-

tivize businesses to innovate more sustainable goods. However, this devel-

opment also creates challenges, when an increasing number of traders mar-

ket their products as green and sustainable. Some traders might even mar-

ket their products more environmentally friendly than they really are

(greenwashing). This results in an uneven level playing field for companies

with real green claims and a decrease in consumer welfare.

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In order to facilitate a green transition it is necessary to make it easier for

traders to navigate within the area of green marketing. Furthermore, con-

sumers should be able to trust information by traders in order to make sus-

tainable choices.

International behavioural studies (e.g. Chen & Chang, 2013

) have shown

that misleading sustainable marketing weakens the overall consumers trust

in green marketing. In this regard, it is important to note that objectively

correct and reliable information could also mislead consumers, if it

does

not provide relevant or useful information

for the consumers. Conse-

quently, it might misrepresent the products’ environmental performance

Guidelines on what can be seen as relevant and useful information within

green marketing

would make it easier for traders to

navigate within the

area,

improve effective enforcement on greenwashing, and thereby im-

prove consumer trust in green marketing.

Labeling of green products

We welcome the Commission's intention to develop a framework for sus-

tainability labels so that they are more equitable and uniform across the

internal market. Consumers who want to make climate and environmen-

tally friendly choices should have this option. However, it is important that

a standard is created that is useful to both consumers and producers to en-

sure that the labeling schemes are in fact fair and informative for the con-

sumer, and to prevent producers from having to live up to disparate climate

requirements from different labeling schemes.

We support the initiatives for the promotion of green products inspired by

the European Energy Label and the European Ecolabel. The energy label

is mandatory for a number of energy-related products that are placed on the

market, while the EU Ecolabel is a voluntary scheme.

However, it should

be noted that it will be a financial burden to require documentation for a

mandatory sustainability label and a possible PEF label, as it will require

an LCA (life cycle assessment), or similarly, which can be costly.

In addition to EU and national ecolabels, labelling of chemicals of concern

in relevant products are an important tool for the protection of consumers

and for strengthening the basis for their informed choices.

Chen, Y. S., & Chang, C. H. (2013). Greenwash and green trust: The mediation effects

of green consumer confusion and green perceived risk.

Journal of Business Ethics,

114(3),

489-500.

For instance, if accurate and documented reductions in the carbon footprint of the packaging of a

product, which accounts for an insignificant share of the products total carbon footprint, is used to

market the product “green”, consumers might be misled into thinking that the product is “greener”

then it actually is.

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3. Effective enforcement of existing consumer protection rules in

these areas is difficult

Even though the Unfair Commercial Practices Directive (UCPD), includ-

ing the blacklist, already apply to green claims, effective enforcement is

challenged as enforcement authorities are overloaded with highly compli-

cated documentation when they take up cases.

When combatting misleading green marketing, the Commission should not

propose a ban on green claims in the UCPD blacklist. There are already

certain provisions in the existing blacklist applicable to green claims;

i.e.

provisions establishing

the unfairness in displaying trust marks, quality

marks or equivalent without having obtained the necessary authorisation.

Instead, the Commission should focus on updating the guidelines to the

UCPD on green claims. Updated guidelines will improve effective enforce-

ment on greenwashing and make it easier for traders to navigate.

Further, a proposal on companies substantiating green claims against a

standard methodology, as proposed in the Green Deal, is a promising idea

worth looking further into. Here, the PEF methodology and life cycled

based Type I ecolabels as the EU Ecolabel and the Nordic Ecolabel can be

relevant to include. The Danish Consumer Ombudsman has created guide-

lines to prevent misleading claims.

Objectives and policy options

Both consumers and traders must contribute to reaching the climate targets

set out by the EU. It is important to encourage traders to provide goods and

services that actually are more beneficial to consumers, and regulatory ef-

forts must not have a discouraging effect on consumers. Traders competing

to deliver sustainable solutions for consumers is an important driver in the

green transition.

Traders should in different ways, be encouraged to take actions for sustain-

ability and they should always be able to truthfully inform consumers about

their investments and achievements in this area. Consumers can on the

other hand contribute to reach climate and green targets by strengthening

the demand on green products and services and in

turn support the trader’s

green transition.

The Danish Government find that the Commission's impact assessment is

an important first step to encourage this development. It is important that

new initiatives go hand in hand with an ongoing focus on ensuring effective

consumer protection during the transition. Therefore, we support the Com-

mission’s continued focus on enhancing active consumer behaviour and

encourage the Commission to build new consumer initiatives in order to

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support this development. Such initiatives should always be based on em-

pirical research to ensure their green impact.