{"id":986071,"date":"2026-05-26T14:48:32","date_gmt":"2026-05-26T14:48:32","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/986071\/"},"modified":"2026-05-26T14:48:32","modified_gmt":"2026-05-26T14:48:32","slug":"eu-directive-on-empowering-consumers-for-the-green-transition-commission-updates-its-faqs-alexia-kaztaridou","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/986071\/","title":{"rendered":"EU Directive on Empowering Consumers for the Green Transition: Commission updates its FAQs, Alexia Kaztaridou"},"content":{"rendered":"

The\u00a0Empowering Consumers for the Green Transition Directive<\/a> (also known as the \u201cEmpCo” or \u201cECGT\u201d Directive) will start applying from 27 September 2026<\/strong>. From that date, companies must ensure that their commercial practices (including green claims and use of sustainability labels) comply with the requirements introduced by the new rules, including for products already on the market (read more in our\u00a0client briefing<\/a>).\u00a0<\/p>\n

Against that backdrop, on 18 May 2026, the European Commission published an\u00a0updated version of its FAQs<\/a>. The first edition of that document, published in November 2025, provided the preliminary views of the Commission on the practical application of the new framework. While the updated version is, at first glance, almost identical, it provides a number of clarifications.\u00a0<\/p>\n

The FAQs do not constitute a formal Commission position or a legally binding interpretation of EU law, and authoritative interpretation rests exclusively with the Court of Justice of the EU.\u00a0<\/p>\n

What the Commission FAQs cover<\/strong><\/p>\n

Material scope: a B2C instrument, with room for Member States to go further<\/strong><\/p>\n

The\u00a0Unfair Commercial Practices Directive<\/a> (UCPD), and therefore the EmpCo Directive\u2019s amendments to it, provides a harmonised framework governing business-to-consumer (B2C) commercial practices. Business-to-business (B2B) practices fall outside its scope. However, Member States are free to extend equivalent protection to B2B relations at national level. The position varies by Member State, and monitoring national implementation of the EmpCpo Directive is essential (see our\u00a0transposition tracker<\/a>).<\/p>\n

Sustainability reports under the Corporate Sustainability Reporting Directive <\/a>(CSRD) are generally out of scope. However, if a company uses information from its sustainability report in voluntary advertising or marketing directed at consumers, that communication falls under the UCPD, as amended by the EmpCo Directive.<\/p>\n

Sustainability labels: who can operate them, and what the rules require<\/strong><\/p>\n

A company may design, own and use its own sustainability label, provided the underlying, credible certification scheme is open on transparent, fair and non-discriminatory terms to all traders willing and able to comply.\u00a0<\/p>\n

Even if international standards in a given sector might permit the scheme owner and the third-party label verifier to be the same entity, the EmpCo Directive requires them to be legally separated, i.e. two different legal entities.<\/p>\n

On labels established by public authorities, only EU Member State public authorities qualify. Labels established by non-EU governmental bodies will be prohibited under the blacklist unless based on a qualifying certification scheme. To qualify, the scheme\u2019s requirements must be publicly available and developed by the scheme owner in consultation with relevant experts and stakeholders. The scheme must be open on transparent, fair, and non-discriminatory terms to all traders\u00a0willing and able to comply with the scheme\u2019s requirements.\u00a0<\/p>\n

Monitoring of compliance must be subject to an objective procedure and carried out by a third party whose competence and independence from both the scheme owner and the trader are based on international, EU or national standards and procedures.\u00a0<\/p>\n

In practice, this means that compliance monitoring should follow recognised standards such as ISO 17065 or the mechanisms provided for under\u00a0Regulation 765\/2008<\/a>.\u00a0<\/p>\n

The scheme must also set out clear procedures for dealing with non-compliance, including withdrawal or suspension of the right to use the sustainability label where a trader fails to meet the scheme’s requirements.<\/p>\n

The packaging dimension also requires particular attention. Visual elements – such as green leaves, water drops or similar nature-related icons, when combined with written claims or logos – may be treated by the Commission as implicit environmental claims or voluntary trust marks. The assessment will need to be made on a case-by-case, based on the perception of the average consumer in context.\u00a0<\/p>\n

Generic environmental claims: specification, space and substantiation<\/strong><\/p>\n

On generic environmental claims (meaning environmental claims in written or oral form where the specification is not provided in clear and prominent terms on the same medium), a lack of space on packaging is not a justification for a shortened specification. The only route to using generic environmental claims without specification is demonstrating recognised excellent environmental performance.\u00a0<\/p>\n

This means performance compliant with the EU Ecolabel, national or regional EN ISO 14024 Type I ecolabelling schemes, or top performance under other applicable EUlaw.\u00a0<\/p>\n

Products bearing the EU Ecolabel may, for example, legitimately use terms such as \u201cenvironmentally friendly\u201d, \u201cgreen\u201d, \u201cecological\u201d or \u201ceco-friendly\u201d. However, that connection must be demonstrably linked to the specific claim made.<\/p>\n

Future environmental performance claims: implementation plans and independent verification<\/strong><\/p>\n

Environmental claims relating to future performance are subject to specific requirements, including verification by an independent expert.\u00a0<\/p>\n

On the question of how frequently that monitoring must occur, the FAQs do not prescribe a fixed interval: what constitutes \u201cregular\u201d verification is to be determined by reference to the nature of the commitments and the specific circumstances.\u00a0<\/p>\n

Traders should accordingly calibrate their monitoring cycles to the scope and complexity of their commitments and ensure that the findings of the independent expert are made publicly accessible to consumers.<\/p>\n

Brand names and product names: the May 2026 update<\/strong><\/p>\n

As was already clear from the previous FAQs, commercial practices implemented through brand names and product names are not excluded from the scope of the EmpCo Directive. Such names may constitute environmental claims and are assessed on a case-by-case basis.<\/p>\n

The May 2026 revision clarifies how environmental claims in brand, product, and company names are assessed. Building on the previous guidance, the update clarifies the position in three main respects:<\/p>\n