Stricter rules for green claims: what does the EmpCo Directive mean for your business?

Does your business communicate with consumers about sustainability – through packaging, advertising, your website, social media or brochures? Or do you have a brand name that references sustainability? In either case, from 27 September 2026 you are required to comply with the European Empowering Consumers for the Green Transition (EmpCo) Directive. In this Insight, Leen Wouters, sustainability communications expert at Pantarein, explains the new directive.

January 27, 2026

by

Inès Aoun

Greenwashing

“With the EmpCo Directive, Europe wants to better protect consumers against misleading product claims,” says Leen. “Businesses must give consumers clear, accurate and verifiable information about the environmental and social impact, repairability and recyclability of their products. This should enable more informed purchasing decisions and increase demand for more sustainable products.”

EmpCo is not a standalone directive but an extension of two existing directives:

the Unfair Commercial Practices Directive is amended to prohibit misleading environmental claims;
the Consumer Rights Directive is amended to give consumers better protection when purchasing sustainable products

Member States have until 27 March 2026 to transpose those amendments into national legislation. InBelgium, the federal government has not yet submitted a bill to parliament. Businesses must be compliant by 27 September 2026 at the latest.

Who does the directive apply to?

“The EmpCo Directive, also referred to as ECGT, applies to all forms of sustainability communication directed at consumers,” says Leen. “This covers everything from marketing and advertising to product information and contractual documents, including the use of brand names, images, logos and labels. The scope is explicitly limited to B2C businesses.”

Europe was initially also working on a separate Green Claims Directive, with specific rules for all communications about environmental topics, including between businesses (B2B). “That proposal has not formally been withdrawn, but negotiations on it have been suspended for the time being.”

Sustainability reports, for example under CSRD, fall outside the directive. “Those reports are intended for stakeholders such as investors. But as soon as a business uses information from such a report in marketing or advertising directed at consumers, the directive does apply to that communication.”

‍

Want to know how your current claims score against the new standards? Submit your case to our experts.

What are the key requirements?

1. Transparent product information

“Businesses must provide consumers, before purchase, with clear, accurate and verifiable information about the environmental and circular characteristics of the product, and about the social conditions in which it was produced. This enables products to be compared on sustainability grounds, not just price or design.”

The requirement covers concrete information on:

‍Lifespan

Where a product contains features that limit its lifespan, this must be clearly stated. Misleading claims about lifespan are also prohibited.

‍

‍Repairability and availability of spare parts

Consumers are entitled to a legal guarantee of at least two years. This guarantee must be clearly visible in online shops and physical stores. A new EU label is also being introduced for producers who voluntarily offer an additional commercial guarantee covering the full product, at the same price.

‍‍

Software support and updates

Businesses must state how long software updates for a product will remain available.

‍

2. Substantiated claims

The directive prohibits vague or generic sustainability claims without adequate substantiation. “Terms such as ‘environmentally friendly’, ‘green’, ‘ecological’, ‘climate-friendly’, ‘low carbon’, ‘energy-efficient’, ‘biodegradable’ and ‘bio-based’ are only permitted where they are demonstrably supported by a recognised label, such as the EU Ecolabel, or a recognised standard, such as ISO 14024.” Businesses must include that substantiation within the same communication.

“Implicit claims also fall within this scope,” says Leen. “For example, when you use colours, images, logos or symbols that suggest sustainability.”

Forward-looking claims are subject to additional conditions. They are only permitted where supported by a realistic and feasible plan with:

clear, measurable targets;
allocated financial resources and identified technological developments;
a credible timeline with milestones.

"Businesses must have these claims verified by an independent party, and make the results easilyaccessible to consumers."

‍

3. Prohibition on misleading claims

“The EmpCo Directive introduces an explicit prohibition on claims about climate neutrality that are based on CO₂ offsetting outside the product’s own value chain. Claims such as ‘certified CO₂ neutral’, ‘net zero impact’, ‘positive carbon balance’, ‘climate compensation’, ‘reduced carbon footprint’ or ‘lower climate impact’ are not permitted in those cases, because they create the impression that a product generates no emissions.”

“You can of course still communicate about such offsetting, as long as you do not suggest that your product or company thereby becomes ‘neutral’.”

Two further forms of misleading communication are also prohibited:

claims that reference legal minimum standards, such as stating that a product does not contain a substance that is already legally prohibited;
claims about irrelevant product properties, such as claiming that water you sell is “gluten-free” when water by definition contains no gluten.

Sanctions

Infringements of the Unfair Commercial Practices Directive are subject to criminal penalties in the form of fines of up to €80,000, or up to 4% of annual turnover if that amount is higher. In Belgium, the Economic Inspectorate is the relevant authority to handle complaints.

‍

Is your business already communicating in line with the EmpCo Directive?

The impact of EmpCo varies significantly by sector and type of claim. Request a brief pre-check and gain insight into potential risks.

Most recent

Overview

What is the PPWR and what does it change for your business?

Are your customers increasingly asking for an EcoVadis score? Here’s what you need to know

Climate transition 2026: from CO₂ ambition to robust strategy

Overzicht