EmpCo — Empowering Consumers Directive

Overview

The Empowering Consumers for the Green Transition Directive (EmpCo) — Directive (EU) 2024/825 — is the EU's anti-greenwashing framework. Since 27 September 2026, it has prohibited generic environmental claims, offset-based neutrality claims, and unverified sustainability labels.

Legal basis

• Proposed: 22 March 2022
• Adopted: 28 February 2024
• Member state transposition: 27 March 2026. On 28 May 2026 the Commission sent letters of formal notice to 20 Member States for not communicating complete transposition (see Penalties and enforcement)
• Application date: 27 September 2026 — the Directive has applied since this date

Key prohibitions (applying since 27 September 2026)

1. Generic green claims prohibited — "eco-friendly," "green," "carbon-friendly," "nature positive" banned without proven excellent environmental performance
2. Offset-based neutrality claims prohibited — "carbon neutral" claims based on carbon offsets are banned
3. Unverified sustainability labels — only public authority or third-party certified labels permitted; no self-created labels
4. Future commitments without detailed, verified implementation plans prohibited
5. Durability claims must be substantiated with test results

Positive obligations

Companies making sustainability claims must:

• Provide substantiation before making the claim
• Use verifiable, reliable methodology
• Be prepared to demonstrate compliance to authorities

Relationship to DPP

DPP data can substantiate EmpCo-compliant claims:

• Carbon footprint data in DPP supports specific environmental claims
• Recycled content data supports recycled material claims
• Repairability scores support durability claims
• Recyclability data supports end-of-life claims

Companies should align marketing with DPP data fields to ensure claims are substantiated.

Harmonised guarantee notice and GARAN label

Commission Implementing Regulation (EU) 2025/1960 sets the design and content of two EU-wide consumer information formats introduced by EmpCo into the Consumer Rights Directive (Art. 22a of Directive 2011/83/EU):

• A harmonised notice on the legal guarantee of conformity
• A harmonised label ("GARAN") for a producer's commercial guarantee of durability

The Implementing Regulation was published in the Official Journal on 2 October 2025 and has applied since 27 September 2026, the same date as EmpCo.

Who is affected

• All traders making environmental or sustainability claims about products or services to EU consumers, regardless of company size
• Applies to: manufacturers, brand owners, importers, retailers, and service providers
• Covers B2C commercial communications — labelling, advertising, packaging text, websites, social media, and catalogues
• Non-EU companies whose products are sold or marketed in the EU are equally in scope

Penalties and enforcement

Member States must establish effective, proportionate, and dissuasive penalties, applicable since 27 September 2026. EmpCo sets no fines of its own: it amends the UCPD and the Consumer Rights Directive, so their penalty rules apply. Under UCPD Article 13 and Consumer Rights Directive Article 24, as replaced by Directive (EU) 2019/2161, a minimum level for fines applies where penalties are imposed in coordinated enforcement actions on widespread infringements under Article 21 of Regulation (EU) 2017/2394:

• The maximum fine must be at least 4% of the trader's annual turnover in the Member State or Member States concerned
• Where turnover data is unavailable: a maximum fine of at least €2 million

Separately, courts or authorities can order an unfair practice to stop, and Member States may also let them require publication of the decision and a corrective statement (UCPD Article 11).

Enforcement status: on 28 May 2026 the Commission sent letters of formal notice to 20 Member States for failing to communicate complete transposition of the Directive, which was due by 27 March 2026: Belgium, Bulgaria, Czechia, Estonia, Greece, Spain, France, Croatia, Cyprus, Latvia, Luxembourg, Hungary, Malta, the Netherlands, Austria, Poland, Portugal, Slovenia, Finland and Sweden.

Relationship to UCPD

EmpCo amends the Unfair Commercial Practices Directive (UCPD — Directive 2005/29/EC) by inserting specific prohibitions for environmental and sustainability claims into the UCPD's black list and grey list of unfair practices. This means EmpCo violations have been enforceable under existing UCPD national enforcement structures since 27 September 2026.

Note: Green Claims Directive still pending

The separate Green Claims Directive proposal (COM(2023) 166, requiring pre-market verification) has not been withdrawn. The Commission's 2026 work programme lists it among pending proposals (Annex III), and it awaits the Council's first-reading position. EmpCo remains the primary anti-greenwashing framework in force.

Key dates

Date	Milestone
6 March 2024	Published in OJ
26 March 2024	Entered into force (20 days after publication, Art. 5)
2 October 2025	Implementing Regulation (EU) 2025/1960 (guarantee notice and GARAN label) published in OJ
27 March 2026	Member state transposition deadline
28 May 2026	Letters of formal notice to 20 Member States for incomplete transposition
27 September 2026	Anti-greenwashing rules apply; harmonised guarantee notice and GARAN label apply

Source

• Directive (EU) 2024/825 — EUR-Lex
• Implementing Regulation (EU) 2025/1960 — EUR-Lex
• Sustainable consumption — European Commission
• Infringement decisions, INF/26/1097, European Commission, 28 May 2026
• Directive (EU) 2019/2161, Articles 3(6) and 4 (penalties under the UCPD and the Consumer Rights Directive), EUR-Lex
• Directive 2005/29/EC (Unfair Commercial Practices Directive), EUR-Lex
• Commission work programme 2026, COM(2025) 870, Annex III: Pending proposals, EUR-Lex
• Green Claims Directive, procedure 2023/0085(COD), Legislative Observatory, European Parliament