Green Claims Directive vs EmpCo: which rules actually apply
Many merchants have heard that the EU “dropped” its green claims rules. That is only half the story. One proposal stalled, but another directive with strict bans applies from 27 September 2026.
In short
- EmpCo (Directive (EU) 2024/825) is adopted law. National rules apply from 27 September 2026.
- The Green Claims Directive was a separate 2023 proposal for detailed substantiation and pre-verification of claims. It is not law.
- In June 2025 the Commission announced its intention to withdraw it; negotiations stopped and, as of October 2026, it has not been adopted.
- Your store must follow EmpCo regardless of what happens to the Green Claims Directive.
Two different laws
| EmpCo, Directive (EU) 2024/825 | Green Claims Directive (proposal) | |
|---|---|---|
| Status | Adopted in 2024, in force | Proposal only, not adopted |
| Applies from | 27 September 2026 (national rules) | Not applicable |
| Approach | Bans specific practices and adds misleading-claim rules to consumer law | Would have required detailed substantiation methods and, for many claims, verification before use |
| Enforced by | Consumer protection authorities and courts, after publication | Would have added verifiers and specific penalties |
What happened to the Green Claims Directive
The Commission proposed the Green Claims Directive in March 2023. Parliament adopted its position in March 2024 and the Council its general approach in June 2024, and trilogue negotiations began in early 2025. On 20 June 2025 the Commission announced it intended to withdraw the proposal, mainly over concerns about the burden on micro-enterprises, and the planned final trilogue was cancelled. Reports in October 2026 describe the file as blocked rather than formally withdrawn. Either way, it does not apply to your store.
Why EmpCo is enough to change your shop
EmpCo already bans the claims most stores use:
- generic claims such as “eco-friendly” without recognised excellent environmental performance;
- offset-based “climate neutral” product claims;
- sustainability labels without a certification scheme or public authority behind them;
- whole-product claims when only one aspect qualifies;
- future claims without a verified implementation plan.
On top of that, existing rules against misleading claims in the Unfair Commercial Practices Directive have applied for years, and national authorities and courts have used them against unsubstantiated green claims.
What could still change
The Commission could revive green claims legislation in another form, and some Member States have their own rules on environmental claims. The Commission can also issue guidance on applying EmpCo. Keep an eye on national guidance in the countries where you sell most, and treat EmpCo as the minimum.
Sources
- Directive (EU) 2024/825 (EmpCo), EUR-Lex
- Commission proposal for a Green Claims Directive, COM(2023) 166, EUR-Lex
- Regreener: Green Claims Directive 2026 status and what applies instead
This guide explains EU rules in general terms and is not legal advice. National rules and guidance can add requirements. Check the sources and, for your specific products, ask a lawyer or the competent authority. Last checked 31 October 2026.