Inventory claims
List claims on websites, packaging, advertising, product pages and sustainability labels.
BUVNK · GREEN CLAIMS · EU REGULATORY COMPARISON
Green Claims vs EmpCo 2026: What applies now and what is still proposed?
EmpCo and the Green Claims Directive are often confused. This guide distinguishes rules applicable today from a legislative proposal that has not been adopted, with practical guidance for environmental marketing claims.
Legal status: 14 Oct 2026EmpCo applies since 27 Sep 2026Green Claims: proposal
Legal status matters: Directive (EU) 2024/825 (“EmpCo”) has been adopted and its national implementing measures apply from 27 September 2026. The separate “Green Claims Directive” (COM(2023) 166; 2023/0085(COD)) has not been adopted. Requirements proposed under that draft must not be presented as current law.
01 / Comparison
EmpCo and Green Claims: side-by-side
Both initiatives seek to tackle misleading environmental marketing, but their legal status, approach and potential additional verification steps differ.
Legal status
EmpCoAdopted Directive (EU) 2024/825, applying through national implementing measures
Green Claims DirectiveCommission legislative proposal COM(2023) 166; procedure still pending
Timeline
EmpCoApplication from 27 September 2026
Green Claims DirectiveNo binding application date under this proposal
Core focus
EmpCoAmendments to consumer protection law, new prohibitions for certain misleading commercial practices and information rules
Green Claims DirectiveProposed detailed rules for substantiation and communication of explicit environmental claims
Evidence
EmpCoClaims must not mislead; particular restrictions and conditions apply to generic environmental claims
Green Claims DirectiveThe proposal envisages specific substantiation, communication and pre-verification measures
Sustainability labels
EmpCoRules concerning unreliable voluntary labels and requirements for certification schemes or public authorities
Green Claims DirectiveFurther proposed requirements regarding environmental labelling schemes
External checks
EmpCoEmpCo does not itself require a new third-party certificate for every single environmental claim
Green Claims DirectiveThe draft envisages additional verification, but this is not a general requirement in force
02 / Practice1 2 3 4
Four practical steps for businesses
Check EmpCo rules
Review vague green claims, climate-neutral claims based on offsets and the use of labels.
Document substantiation
Record scope, baseline, time period, methodology and supporting data for each claim.
Track the proposal
Follow the Green Claims legislative process without presenting proposed duties as binding law.
03 / Examples
Four common claims – what to review
“100% climate neutral thanks to carbon offsets”
High-risk: EmpCo prohibits certain claims that products have a neutral, reduced or positive climate impact on the basis of greenhouse-gas offsetting.
Check whether the wording implies product climate neutrality due to offsets; revise where necessary.
“Environmentally friendly” without qualification
A generic environmental claim is problematic without the required recognised excellent environmental performance.
State the specific benefit accurately and support it with relevant evidence.
“Packaging contains 80% recycled material”
A specific claim can be more verifiable when scope, calculation and data quality are clear.
Clarify whether the percentage covers the full packaging or selected components and retain evidence.
“Certified sustainable” with an in-house label
A self-awarded trust symbol may breach EmpCo rules on sustainability labels.
Review ownership, verification, certification scheme and the label’s precise meaning.
Note: These examples are illustrative, not case-specific legal decisions. Exact wording, advertising context and national implementation matter.
04 / Legal position
What businesses should do in 2026
EmpCo amends the Unfair Commercial Practices Directive (2005/29/EC) and Consumer Rights Directive (2011/83/EU). National transposition measures and their scope are decisive. The Green Claims proposal does not impose an additional certification duty currently in force.
Business-to-business marketing, regulated sectors and specialist regimes may involve other laws. This page is general guidance, not an individual legal assessment.
05 / FAQ
Frequently asked questions: EmpCo and Green Claims
Are EmpCo and the Green Claims Directive the same law?
No. EmpCo is the adopted Directive (EU) 2024/825. The Green Claims Directive is a separate legislative proposal, COM(2023) 166.
Does every green claim need a certificate in 2026?
No general independent certificate for every claim follows from EmpCo. Specific rules apply to sustainability labels. The Green Claims draft envisages additional verification but is not yet binding.
Can businesses still say “environmentally friendly”?
Generic environmental claims are particularly restricted unless the required recognised excellent environmental performance can be demonstrated. Context and national implementing rules matter.
How do Green Claims, EmpCo and greenwashing relate?
Greenwashing means misleading environmental communication. EmpCo strengthens applicable consumer law; the draft Green Claims Directive would add more detailed rules for explicit environmental claims.
Is independent verification under the draft already mandatory?
No general certification requirement under the proposed Green Claims Directive applies yet. Voluntary assurance and sector-specific obligations must be assessed separately.
What is the first practical step?
Inventory consumer-facing environmental claims and labels, rank their risks, assemble supporting evidence and document marketing approval.
06 / EU
Official EU sources
- Directive (EU) 2024/825 (EmpCo)EmpCo: adopted EU Directive including application dates.
- European Commission – Green Claims proposalEuropean Commission: purpose and status of the pending Green Claims proposal.
- European Parliament – procedure 2023/0085(COD)European Parliament: procedure 2023/0085(COD).
- European Commission – sustainable consumption and EmpCoEuropean Commission: EmpCo guidance, including September 2026 FAQ.
Information as of 14 October 2026 · General guidance, not legal advice.
Make environmental marketing more reliable
Use the practical checklist and explore the evidence needed to support different environmental claims.