EmpCo vs the Green Claims Directive: the two EU greenwashing laws, explained
Short answer
They are two different instruments, and only one is in force. The Empowering Consumers Directive (ECGT / “EmpCo”), Directive (EU) 2024/825, is already adopted and its rules apply from 27 September 2026 — that’s the one that bans offset-based “carbon neutral” claims, uncertified generic claims and self-made labels. The separate Green Claims Directive (proposal COM/2023/166) was a later substantiation-and-verification instrument that stalled in the EU legislative process and is not in force. Don’t conflate them.
This is general information to help you screen your own copy — not legal advice. A flag here is a well-founded warning, not a ruling. Only the Court of Justice of the European Union (CJEU) can interpret the directive with binding force, and the European Commission’s guidance on it is non-binding. Where money or reputation is at stake, take the cited provision to qualified counsel before you act.
The Empowering Consumers Directive (2024/825) — already law
The ECGT amends the EU’s Unfair Commercial Practices Directive (2005/29/EC) to add environmental-marketing bans and substantiation duties. Key facts:
- Entered into force 26 March 2024.
- National transposition deadline 27 March 2026.
- Rules apply from 27 September 2026.
- Adds bans to Annex I of the UCPD: offset-based neutrality claims (4c), generic claims without recognised excellent performance (4a), partial claims (4b), self-made labels (2a), legal minimums presented as features (10a); and tightens substantiation for future claims (Article 6(2)(d)).
This is the instrument that actually applies to your marketing and packaging from this September. It is what the Green Claims Audit report screens against.
The Green Claims Directive (COM/2023/166) — a separate proposal that stalled
Proposed in March 2023, the Green Claims Directive would have gone further: it aimed to require businesses to have explicit environmental claims independently verified against a substantiation methodology before use. It was a different, later instrument to the ECGT — and it did not complete the EU legislative process. Reporting through 2025–2026 indicates the Commission moved to withdraw the proposal amid disagreement (notably over the burden on micro-enterprises), and as of 9 July 2026 it is not in force. Treat its detailed pre-approval regime as not current law.
Which one applies to you now?
For a brand marketing in the EU today, the operative instrument is the Empowering Consumers Directive (2024/825), applying from 27 September 2026 via each member state’s transposing law. Build your compliance around that. Keep an eye on the Green Claims Directive as a possible future development, but don’t re-engineer your claims around a proposal that isn’t in force.
A note for UK sellers
Neither EU instrument governs the UK. In the UK, the CMA’s Green Claims Code and the Digital Markets, Competition and Consumers Act (DMCCA) apply instead. If you sell into the UK, see our UK edition for the equivalent rules.
Frequently asked questions
Are the Empowering Consumers Directive and the Green Claims Directive the same thing?
No. The Empowering Consumers Directive (ECGT), Directive (EU) 2024/825, is already adopted and applies from 27 September 2026. The Green Claims Directive (proposal COM/2023/166) is a separate, later instrument on substantiation and pre-verification that stalled and is not in force.
Which EU greenwashing law applies from 27 September 2026?
The Empowering Consumers Directive (2024/825), through each member state transposing national law. It bans offset-based neutrality claims, uncertified generic claims and self-made labels, and tightens substantiation for future claims.
Do I need every green claim independently pre-verified before I use it?
That pre-verification regime was a feature of the Green Claims Directive proposal, which is not in force as of 9 July 2026. The rules that bind you are the Empowering Consumers Directive, which requires substantiation and bans certain practices but does not impose that specific pre-approval scheme.
What about the UK?
Neither EU directive governs the UK. The UK has its own regime — the CMA Green Claims Code and the DMCCA. Sellers into the UK should follow those instead; see the greenclaimsaudit.co.uk UK edition.