Green Deal: measures against greenwashing
On January 17, 2024, the European Parliament approved the Empowering Consumers for the Green Transition Directive (EmpCo Directive), which was confirmed by the Council of the European Union on February 20, 2024
This directive came into force on March 26, 2024 and must be transposed into national law by March 27, 2026. The new regulations must then be applied from September 27, 2026. The aim is to combat greenwashing and promote transparency so that consumers can make informed decisions.
Background and goals
Climate neutrality, sustainability and environmental friendliness are becoming increasingly important for consumers, as they increasingly demand clear and truthful information about the sustainability of products and services. This is precisely where the new guidelines come in: They are designed to combat greenwashing, increase transparency and enable consumers to make informed decisions. While deception and misleading advertising can be legally punished and greenwashing is already prohibited, the new guidelines provide additional clarity and protection.
For example, the Karlsruhe Regional Court (case no. 13 O 46/22 KfH) ruled that forest protection does not lead to climate neutrality, and the Düsseldorf Higher Regional Court (case no. I-20 U 72/22) ruled that precise information is required for climate neutrality advertising.
Important changes and additions
The Green Claims Directive, which was adopted on March 12, 2024, goes one step further by stipulating that all sustainability-related advertising claims must be scientifically substantiated and certified. The aim is to combat greenwashing, promote the green transition and improve the legal certainty and competitiveness of companies.
Regulating the use of sustainability labels
The national implementation laws will provide clarity and further details. However, it is clear that in future, sustainability labels must be based on a certification system or be established by government bodies. In many cases, accredited auditing companies will have to be involved. This will be mandatory under the Green Claims Directive. Competence and independence must comply with international standards such as DIN EN ISO/IEC 17065 and Regulation (EC) No. 765/2008. These innovations provide more clarity and credibility in the area of sustainability seals.
What companies need to consider
The package of directives applies to all companies in the EU. Environmental claims in particular must be subjected to strict checks and possibly validated before they can be marketed. Companies should rely on recognized international standards and have their sustainability reports checked by independent third parties to avoid legal risks.
You are welcome to contact us for further information and to find out how our services can help you meet the requirements, in particular the validation and verification of carbon footprints at organizational, project or product level.
It is advisable to find out about the new requirements at an early stage and to take appropriate measures to comply with the new regulations. Specialized service providers are available to provide detailed information and support, particularly for the validation and verification of greenhouse gas declarations.
The new EU guidelines against greenwashing are a milestone for organizations that want to live and communicate sustainability authentically. The new guidelines promote transparency and reliability in sustainability claims and create new trust among unsettled consumers. Organizations now have the opportunity to position themselves credibly and stand out from misleading market participants.
Matthias Reichenbach, Project Manager Sustainability Team at DEKRA Certification GmbH
What are the most important changes brought about by the EmpCo Directive and the Green Claims Directive?
The EmpCo Directive strengthens consumer protection by setting clear requirements for sustainability claims and combating greenwashing. The Green Claims Directive requires companies to have sustainability-related claims scientifically substantiated and certified. This is intended to increase transparency and ensure that consumers can make informed decisions.
When will the new regulations come into force?
What advertising is prohibited by the new directives?
How should companies handle sustainability seals in the future?
What do companies need to do to meet the new requirements?
What support is available to companies?
How does the new regulation affect the transparency of sustainability reporting?
What are the long-term benefits of compliance with these guidelines for companies?
What should companies do if they are unsure about the new regulations?
How will the new regulations be monitored and enforced?