29.10.2021 – 08:15
Deutsche Umwelthilfe eV
- Only Brandenburg received a “green card” in this year’s study by Deutsche Umwelthilfe, which state authorities correctly implement violations of the labeling regulations for energy consumption and CO2 emissions in energy-intensive devices such as monitors or new cars
- DUH had to force the disclosure of the existing, but largely ignored by the authorities, catalog of fines by court decision
- DUH gives federal states an ultimatum to correctly comply with the new EU market surveillance regulations and their enforcement controls by June 30, 2022 at the latest, otherwise an application will be made to initiate infringement proceedings against Germany by the EU Commission
With the exception of Brandenburg, all federal states disappoint when it comes to enforcing environmentally-related consumer protection regulations. This is what Deutsche Umwelthilfe (DUH) found in this year’s investigation into control behavior. The investigation assessed the extent to which the state authorities are fulfilling their duty of market surveillance and controlling legal regulations for the correct disclosure of energy consumption and CO2 emissions for electrical household appliances, monitors, air conditioning units, new cars as well as noise and environmental assessments of tires and any violations found with fines punish. The official controls of the labeling in stationary and web-based retail, the review of manufacturer information in the laboratory and sanctions in the event of violations were essential for the assessment. The DUH evaluates the measures taken on the basis of these criteria with “green”, “yellow” and “red cards”.
Six federal states receive a “yellow card” (Baden-Württemberg, Hesse, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Saxony-Anhalt) because they have imposed less than one fine per 100,000 inhabitants. Nine federal states, and thus more than half, received the “red card”, among other things because they did not impose a single fine in spite of identified violations (Bavaria, Berlin, Bremen, Hamburg, Mecklenburg-Western Pomerania, Saarland, Saxony, Schleswig-Holstein) Holstein and Thuringia). Like Hamburg, Thuringia did not even carry out controls in 2020. Only Brandenburg stands out positively. This federal state is the only one to receive the “Green Card” because extensive formal controls and tests have been carried out there and violations have actually been sanctioned.
DUH Federal Managing Director Jürgen Resch on this: “As before, the vast majority of federal states do not take climate protection seriously. One of the four official pillars of the EU for achieving the climate goals is to empower consumers to receive correct information about energy consumption and the resulting CO2 emissions and the running costs of using products. Even the number of official controls is mostly shamefully low. Worse still is the persistent refusal of most federal states to impose fines. While every wrongdoer is rightly asked to pay for a nationwide uniform catalog of fines, the federal states even wanted to keep the existing catalog of fines secret for trade and industry. We had to fight for this in court.”
Legal information rights must be ensured, particularly with the massive growth in online trade. Countries such as Brandenburg and Saxony-Anhalt show that extensive market surveillance is possible even under pandemic conditions. In 2020, they checked a similar number of labels as in 2019, among other things by intensifying the checking of offers in the mail order business.
The country survey also asked what preparations the state authorities had made in order to implement the EU regulation that came into force on June 1, 2021 to standardize and strengthen official market surveillance. These new requirements expand the competencies of the market surveillance authorities and also enable anonymous test purchases. In addition, authorities are to be provided with sufficient financial and human resources. The DUH has already announced that it will carefully review the implementation of these regulations at state level and will assess the correct nationwide implementation by June 30, 2022 and, in the event of a continued refusal, request the initiation of infringement proceedings against Germany by the EU.
“With the new market surveillance regulation, we hope for a significant improvement in the implementation of environmentally relevant consumer protection regulations “, says Agnes Sauter, Head of Ecological Market Surveillance at DUH. “Online offers have a wide range and many retailers offer their products nationwide. It cannot therefore be that traders based in Thuringia, for example, are less controlled than traders based in federal states that operate more intensive market surveillance.”
To the results: http://l.duh.de/p211029a
Jürgen Resch, Federal Managing Director
0171 3649170, [email protected]
Agnes Sauter, Head of Ecological Market Monitoring
0175 5724833, [email protected]
030 2400867-20, [email protected]
Original content from: Deutsche Umwelthilfe eV, transmitted by news aktuell