New proposed EU Green Directive and its impact on the yachting industry

In today's consumer landscape, where sustainability is increasingly a focal point, businesses often vie for attention by touting their products as eco-friendly or sustainable. However, amidst this surge in green marketing, a concerning trend has emerged – greenwashing.

Greenwashing refers to the deceptive practice wherein companies exaggerate or mislead consumers about the environmental benefits of their products or services. Recognizing the need to address this issue, the European Commission proposed the Green Claims Directive on 22 March 2023.


Understanding Greenwashing
Greenwashing, a term coined by Jay Westerveld in the 1980s, encompasses any dishonest practices employed by businesses to portray themselves as more environmentally conscious than they actually are. This can involve providing false impressions or disseminating misleading information regarding the sustainability of their offerings. The proliferation of greenwashing has eroded consumer trust and impeded the genuine progress towards sustainability.


The Need for Action
With the rise of green marketing, consumers are increasingly drawn to products labeled as sustainable. However, a study conducted by the European Commission revealed that over half of examined environmental claims within the European Union were either vague, misleading, or unfounded. In response to this concerning trend, the European Commission proposed the Green Claims Directive to ensure greater transparency and reliability in environmental claims.


Key Provisions of the Green Claims Directive
The proposed Green Claims Directive aims to establish the first set of detailed EU rules for the substantiation of voluntary green claims and, by extension, regulate the use of environmental claims in marketing communications in Europe. This directive requires companies to have their environmental claims such as "biodegradable" or "less polluting" pre-verified by independent and accredited entities. Moreover, the directive mandates that companies provide accurate information regarding the environmental impact of their products or services, prohibiting unsubstantiated or vague claims. Violations can lead to penalties, including exclusion from public procurement and fines of at least 4% of annual turnover. 


Impact on Industries, including the Superyacht Sector
The influence of the Green Claims Directive extends to various industries, including the superyacht sector. Manufacturers and sellers within this industry will also be subject therefore to the directive's provisions, which demand clarity, accuracy, and substantiation in environmental claims. This directive encourages a shift towards genuine sustainability efforts, driving companies to invest in eco-friendly technologies and practices.


What’s next?
The proposed Directive still needs to be approved by the European Parliament and the Council of the European Union. Once adopted, the Directive must be implemented in national legislation in EU Member States. Under the proposal, Member States will have to designate competent authorities and give them all necessary powers of investigation and enforcement, to ensure compliance with the Directive and establish a regulatory and sanctioning regime.


Conclusion
These stricter regulations aiming to prevent reputational damage and enhancing consumer protection against misleading advertising, will no doubt significantly impact how superyacht companies communicate about their environmental practices. Companies will have to provide evidence supporting their sustainability assertions, fostering transparency and consumer confidence. Professionals in the sector may need to educate themselves on legal risks and seek third-party verification of sustainability claims to navigate the evolving regulatory landscape effectively.
 
For more information, please contact j.xanthopoulos@rosemont-yacht.com

04/24