EmpCo Directive: EU implementation status and what companies need to know

The Empowering Consumers Directive (EU 2024/825) applies from 27 September 2026 across the entire EU. However, many Member States have missed the transposition deadline. What does this mean for companies making environmental claims or using sustainability labels? And why is it an advantage if your certification partners are already compliant today?

What is the EmpCo Directive?

The Empowering Consumers Directive, also known as EmpCo or the ECGT Directive, is an EU directive that entered into force on 26 March 2024. It amends the existing Unfair Commercial Practices Directive (2005/29/EC) and the Consumer Rights Directive (2011/83/EU). Its aim is to protect consumers from misleading environmental claims (greenwashing) and to improve the transparency of sustainability labels.

EmpCo is already existing EU law. The obligation for companies to comply begins on 27 September 2026.

Key prohibitions from 27 September 2026

From 27 September 2026, the following practices are prohibited in B2C communication:

1. Offsetting-based climate neutrality claims at product level (e.g. "climate neutral", "CO₂ offset")
2. Generic environmental claims without proven outstanding environmental performance (e.g. "environmentally friendly", "green", "eco")
3. Sustainability labels without a certification system or without official recognition

Companies that continue to use generic or offsetting-based claims after 27 September 2026 risk cease-and-desist orders, fines, and reputational damage.

Transposition Deadline: 27 March 2026

EU Member States were required to transpose the EmpCo Directive into national law by 27 March 2026. On 28 May 2026, the European Commission launched infringement proceedings against 20 Member States that failed to notify their transposition measures on time: Belgium, Bulgaria, Czechia, Estonia, Greece, Spain, France, Croatia, Cyprus, Latvia, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Slovenia, Finland, and Sweden.

Only 7 out of 27 EU Member States met the transposition deadline.

Overview: Transposition Status of Selected EU Countries (as of June 2026)

The table shows: Even three months before the application date, most EU countries have not yet completed transposition.

What happens if an EU country misses the deadline?

If a Member State fails to transpose the EmpCo Directive on time, a graduated EU infringement procedure applies:

1. Formal letter of notice
   The European Commission sends a "Letter of Formal Notice." The Member State has two months to respond and communicate its transposition measures. On 28 May 2026, 20 Member States were formally notified.
    
2. Reasoned opinion
   If a satisfactory response is not received, the Commission issues a "Reasoned Opinion": a formal request to transpose within a set deadline.
    
3. Action before the CJEU
   Under Article 258 TFEU, the Commission may bring the Member State before the Court of Justice of the European Union.
    
4. Financial sanctions
   Under Article 260(3) TFEU, the Commission may request lump sums and/or penalty payments already in the first proceedings. This stricter approach has applied since the Treaty of Lisbon, specifically for cases where Member States fail to notify the transposition of a directive.

Does the Directive apply even without national transposition?

Yes. The EmpCo Directive applies from 27 September 2026 regardless of whether a Member State has already transposed it into national law. The EU Commission clarified in its official FAQ of 18 May 2026:

"From that date, traders will need to ensure that their environmental claims and sustainability labels in a business-to-consumer context comply with the new provisions, including for existing products."

This means that companies in countries without national transposition must also be compliant from 27 September 2026. National authorities and courts may apply the directive directly under certain conditions.

Waiting for the national law is not a compliance strategy.

What do companies need to do now?

1. Review environmental claims: Check all claims on packaging, websites, social media, and advertising materials for compliance.
2. Validate sustainability labels: Ensure that labels used are based on a recognised certification system.
3. Remove offsetting-based claims: Statements such as "climate neutral through offsetting" are prohibited from September 2026.
4. Specify generic claims: Statements such as "environmentally friendly" must be supplemented with specific, verifiable information on the same medium.
5. Adapt existing products: Non-compliant claims on already-produced packaging can be corrected, e.g. with stickers, or supplemented with additional information at the point of sale.

How ClimatePartner supports its customers

ClimatePartner has already fully aligned its Certification Programme with the requirements of the EmpCo Directive:

• Certification system with independent third-party verification: Compliant with the requirements for sustainability labels under Art. 2(r) of the amended UCPD
• Transparency via Climate ID / Tracking ID: All certification measures are publicly accessible
• Communication guidelines: Clear specifications on which claims are permissible and which are not

Companies using ClimatePartner as their certification partner already meet the EmpCo Directive's requirements for sustainability labels today.

In short: Don't wait for national laws, act today

The EmpCo Directive marks a paradigm shift in environmental communication. Regardless of whether the respective national law has already been adopted, from 27 September 2026, the new rules apply EU-wide. Companies that review and adapt their communication now will avoid legal risks while strengthening customer trust.

Would you like to know whether your environmental communication is EmpCo-compliant?

Talk to an expert