EmpCo FAQ 2026: 24 Questions for Businesses
What can businesses say about environmental and sustainability characteristics under the rules applying since September 2026? Explore 24 practical answers and official sources.
Scope and key dates
5 questionsWhat does EmpCo mean?
EmpCo refers to Directive (EU) 2024/825 on empowering consumers for the green transition. It strengthens EU consumer-protection rules addressing misleading environmental and sustainability marketing and improves selected consumer information.
When did the new rules become applicable?
Member States were required to transpose the directive by 27 March 2026, and their implementing measures apply from 27 September 2026. The applicable national law must be checked for any specific situation.
Which businesses and advertising channels are affected?
The rules primarily concern business-to-consumer commercial practices, including packaging, websites, online shops, advertising, social media and sales materials. Statements about a trader’s own environmental performance may also be covered.
Does EmpCo apply directly to business-to-business marketing?
The amended EU unfair-commercial-practices rules primarily protect consumers. Exclusively B2B communications are not automatically exempt from other applicable competition or misleading-advertising rules.
Is EmpCo the same as the proposed Green Claims Directive?
No. EmpCo is the adopted Directive (EU) 2024/825 with implementing rules applicable from September 2026. The separate Green Claims Directive is another legislative initiative; proposed additional duties should not be presented as existing EmpCo obligations.
Environmental claims and climate advertising
5 questionsCan businesses still say “environmentally friendly”?
Broad generic environmental claims are prohibited without recognised excellent environmental performance relevant to the particular claim. A clear and prominent specification on the same medium may make a claim non-generic, but it must still not mislead consumers.
Can a benefit of one component be attributed to the whole product?
An environmental claim about the entire product or entire business must not suggest that it applies throughout where it only concerns a particular aspect or activity. The stated scope should match the substantiated scope.
Can a product be marketed as “climate neutral through offsets”?
No. Product claims of neutral, reduced or positive greenhouse-gas impact based on offsetting fall under an express prohibition. An offset certificate does not remove that restriction.
Are statements about corporate climate projects always prohibited?
No. Truthful information about investment in environmental or carbon-credit projects is not generally banned. However, it must not imply a misleading product or corporate climate impact and should explain the actual activity accurately.
Can a business advertise a “net zero by 2035” target?
Commercial claims about future environmental performance need clear, objective, publicly available and verifiable commitments, a realistic implementation plan with measurable time-bound targets and regular independent verification under the relevant legal conditions.
Sustainability labels and certification
5 questionsCan a business create its own green label?
A self-designed sustainability label is not automatically permissible. It must be based on a qualifying certification scheme or established by a public authority. A logo alone does not meet that requirement.
What should be checked for a private sustainability label?
Key considerations include transparent publicly accessible criteria, participation rules and objective monitoring by a competent third party independent of the trader and scheme owner. A specific scheme needs to be assessed on its own terms.
Are environmental labels created by public authorities treated differently?
Yes. A sustainability label may also be permitted when established by a public authority. The applicable award and usage conditions must still be followed, and the presentation must not mislead.
Does ISO 14001 certification prove that a product is “sustainable”?
No. ISO 14001 relates to environmental management systems; certification does not automatically establish outstanding environmental performance or the lifecycle impact of every product. Claims must match the certified scope.
Is any test report enough to justify an environmental label?
A test report may substantiate a defined factual statement. It does not by itself replace the conditions governing sustainability-label use. The test scope, claim and certification-scheme status must be considered separately.
Existing stock and packaging
4 questionsMay goods produced before 27 September 2026 be sold unchanged?
There is no general EU-wide blanket exemption for old stock. Enforcement authorities have issued guidance on proportionate enforcement. National provisions and individual circumstances should be assessed before deciding on continued sales or corrective action.
Can an existing environmental claim be covered by a new label?
Relabelling, covering or otherwise correcting a claim may be a practical option. Its adequacy depends on whether the misleading message is fully and clearly removed and whether other applicable product rules are observed.
Can a QR code link to a longer claim explanation?
A QR code can provide supplementary information, but it does not automatically replace clear and prominent specification on the same advertising medium where that is needed to avoid a generic environmental claim.
How do EmpCo and the PPWR relate?
EmpCo addresses misleading sustainability communication to consumers, while the PPWR imposes separate packaging requirements, including on recyclability and labelling. Compliance with PPWR does not automatically make advertising compliant with EmpCo.
Evidence, approvals and business processes
5 questionsWhat records are useful for environmental marketing claims?
A practical evidence file contains the exact wording, advertising format, relevant product feature, source data, calculation methods, supplier records, test reports and a documented approval. The evidence legally required depends on the individual claim.
Does every environmental claim require external pre-certification?
No. EmpCo does not create a general external pre-certification obligation for every environmental claim. Particular rules do apply, for example, to sustainability labels and commercial statements about future environmental performance.
Who should approve environmental marketing internally?
A sensible internal process involves marketing, product management, procurement, sustainability and legal or compliance specialists where needed. Responsibilities, evidence versions, decisions and review dates should be recorded.
How long must environmental-claim evidence be retained?
EmpCo does not set one universal retention period for every advertising claim. Other rules or proceedings may create retention duties. Records should be organised so that claims can be substantiated throughout their use.
What should a business do if an existing claim looks risky?
Identify the wording and affected channels, check the legal and factual basis promptly, document necessary corrections and review similar claims across all marketing materials. Qualified legal advice may be appropriate where enforcement or liability risks arise.
Related EmpCo resources
Official legal sources
Questions about sustainability communication?
BuVNK brings together information on verifiable sustainability communication and helps businesses navigate European rules and practical review questions.