STATUS CLARIFICATION

Green Claims Directive vs. EmpCo: What's Actually in Force in 2026

Published 24.09.2026 · Updated 03.10.2026 · Reading time ~4 min · by Lior Gabriel Graetz · LG Fashion Labs

This guide compares two different EU texts on green marketing claims, and it's easy to confuse them because both concern environmental claims. One is Directive (EU) 2024/825, which is in force: Member States must apply their national implementing measures from 27 September 2026. The other is the Green Claims Directive, a Commission proposal that has not been adopted.

This guide separates the two. Sources are listed at the end: EUR-Lex, the European Parliament's Legislative Train Schedule and Legislative Observatory, and the Commission's 2026 Work Programme and Green Claims web page.

27 Sep 2026

The date from which Member States must apply their national measures implementing EmpCo (Article 4(1)).

“Blocked”

The Green Claims proposal's status in the European Parliament's Legislative Train Schedule — a proposal only, not adopted.

Build around EmpCo

The guide's own conclusion: don't design compliance systems around a proposal that has not been adopted.

1. The two texts, one line each

The Green Claims Directive is a proposal that the European Commission tabled on 22 March 2023 (COM(2023) 166). It has not been adopted.

Directive (EU) 2024/825 — amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition and referred to on this site as "EmpCo" — is in force. It is dated 28 February 2024, was published in the Official Journal on 6 March 2024, and entered into force on 26 March 2024, the twentieth day following its publication (Article 5). Under Article 4(1), Member States had to adopt and publish the measures necessary to comply with it by 27 March 2026 and must apply those measures from 27 September 2026.

EmpCo (Directive (EU) 2024/825)

IN FORCE

Directive (EU) 2024/825 — Member States apply their implementing measures from 27 Sept 2026

Green Claims Directive (proposal)

BLOCKED

Recorded as "Blocked" (Council) — European Parliament's Legislative Train Schedule

2. What EmpCo adds to the Unfair Commercial Practices Directive

EmpCo amends two existing consumer-protection directives: the Unfair Commercial Practices Directive (UCPD, Directive 2005/29/EC) and the Consumer Rights Directive (CRD, Directive 2011/83/EU). In the UCPD it adds, among other things, new definitions (UCPD Article 2, points (ca) and (o) to (w)) and new entries to Annex I, the list of commercial practices that "shall in all circumstances be regarded as unfair" (UCPD Article 5(5)). According to UCPD recital 17, these are "the only commercial practices which can be deemed to be unfair without a case-by-case assessment against the provisions of Articles 5 to 9". The new Annex I entries include four on environmental claims and sustainability labels:

Generic environmental claims (Annex I, point 4a). The entry reads: "Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim." Recital 9 lists 'eco-friendly' and 'green' among its examples of generic environmental claims. Article 2(p) UCPD defines a generic environmental claim as one "where the specification of the claim is not provided in clear and prominent terms on the same medium" (among other conditions). Recital 9 adds: "Whenever the specification of the environmental claim is provided in clear and prominent terms on the same medium, such as the same advertising spot, the product's packaging or online selling interface, the environmental claim is not considered to be a generic environmental claim." The FAQ below sets out the Article 2(s) definition of "recognised excellent environmental performance" and what recital 10 says about 'conscious', 'sustainable' and 'responsible'.
Claims about the entire product or business (Annex I, point 4b). The entry reads: "Making an environmental claim about the entire product or the trader's entire business when it concerns only a certain aspect of the product or a specific activity of the trader's business." Recital 11 gives as an example a product marketed as 'made with recycled material' "giving the impression that the entire product is made of recycled material, when in fact only the packaging is made of recycled material".
Claims based on offsetting (Annex I, point 4c). The entry reads: "Claiming, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions." Recital 12 lists 'climate neutral' among its examples of such claims.
Sustainability labels (Annex I, point 2a). The entry reads: "Displaying a sustainability label that is not based on a certification scheme or not established by public authorities." Article 2(q) and 2(r) UCPD define "sustainability label" and "certification scheme"; the guide on sustainability labels listed under Related sets out both definitions.

EmpCo is addressed to the Member States (Article 6). Under Article 4(1), they had to adopt and publish the measures necessary to comply with it by 27 March 2026 and must apply them from 27 September 2026; under Article 4(2) they must communicate to the Commission the text of the main measures of national law which they adopt in the field covered by the Directive. Which national measures a given Member State has adopted has to be checked in that Member State's national law. EmpCo also adds further rules not covered here, such as UCPD Article 6(2)(d) on environmental claims related to future environmental performance.

3. What happened to the Green Claims proposal

According to the European Parliament's Legislative Train Schedule, the Green Claims proposal went through these steps:

22 March 2023 — Commission proposal (COM(2023) 166 final).
12 March 2024 — European Parliament adopts its first-reading position, with 467 votes in favour, 65 against and 74 abstentions.
17 June 2024 — Council adopts its general approach, which introduced "a simplified procedure for certain types of explicit environmental claims that are of a less complex nature, for which verification by a third-party verifier or a full substantiation assessment would not be necessary".
28 January 2025 and 24 April 2025 — first and second trilogues between Parliament, Council and Commission.
20 June 2025 — the Commission announces that it intends to withdraw the proposal.
23 June 2025 — the third trilogue, scheduled for this date, was cancelled (the Legislative Train Schedule states: "The third trilogue, scheduled for 23 June 2025, was cancelled.").

As of 2 October 2026, the Legislative Train Schedule (which states "Information updated as of 20/09/2026") shows the file as "Blocked" with "COUNCIL" as blocking institution, and states that the 2026 Commission Work Programme, adopted on 21 October 2025, "lists the proposal as pending". The European Parliament's Legislative Observatory shows the procedure's status as "Awaiting Council's 1st reading position", and the Commission's Green Claims web page shows "Status: Pending".

In short: the Green Claims proposal has not been adopted. According to the Legislative Train Schedule, the Commission announced on 20 June 2025 that it intends to withdraw it; the sources above do not show a formal withdrawal. Legislative status can change at any time, so check the live trackers.

Quick reference

Not the same directive

	Green Claims proposal (COM(2023) 166)	EmpCo (Directive (EU) 2024/825)
Status	Proposal only. Not adopted. Recorded as "Blocked" (Council) in the European Parliament's Legislative Train Schedule (information updated as of 20/09/2026).	In force since 26 March 2024 (Article 5).
Applies	Not yet fixed: the proposal has not been adopted, and its Article 25(1) leaves the date open (a placeholder for "24 months after the date of entry into force of this Directive").	Member States must apply their implementing measures from 27 September 2026 (Article 4(1)).
Approach	As proposed by the Commission: traders would have to carry out an assessment to substantiate explicit environmental claims (claims "in textual form or contained in an environmental label") and have it verified by an accredited third-party verifier before the claim is made public; microenterprises only if they so request (Articles 2(2), 3, 10 and 11 of the proposal).	Amends the UCPD and the CRD (Articles 1 and 2). In the UCPD: new definitions, new Annex I entries (practices that "shall in all circumstances be regarded as unfair") and new rules in UCPD Articles 6 and 7; applied through Member States' national measures.

4. What this means for your brand

In our view, build your compliance work around EmpCo, not the Green Claims proposal: EmpCo is in force and has an application date for Member States' measures (Article 4(1)), while the proposal has not been adopted. Recital 9 lists "eco-friendly" and "green" among its examples of generic environmental claims, which Annex I point 4a addresses (see the FAQ for the exact wording, and for recital 10 on words such as "sustainable"). In our view, hangtags, labels and product pages should be audited against the four Annex I entries set out in section 2; UCPD Annex I also contains further entries added by EmpCo (points 10a and 23d to 23j) that this guide does not cover.

In our view, don't build workflows around requirements of the Green Claims proposal, such as verification by an accredited third-party verifier before a claim is made public: the proposal has not been adopted. Watch the file, and check the live trackers, because legislative status can change.

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Frequently asked questions

Has the EU Green Claims proposal been withdrawn? +

The sources consulted do not show a formal withdrawal. On 20 June 2025 the Commission announced that it intends to withdraw the proposal (European Parliament Legislative Train Schedule). As of 2 October 2026, the Legislative Observatory shows the procedure's status as "Awaiting Council's 1st reading position"; the Legislative Train Schedule shows the file as "Blocked" with the Council as blocking institution and states that the 2026 Commission Work Programme lists the proposal as pending.

When do EmpCo's rules on environmental claims apply? +

Article 4(1) of Directive (EU) 2024/825 required Member States to adopt and publish the measures necessary to comply with the Directive by 27 March 2026, and requires them to apply those measures from 27 September 2026.

What does EmpCo say about "eco-friendly" and "sustainable" claims? +

Annex I point 4a of the Unfair Commercial Practices Directive, inserted by Directive (EU) 2024/825, reads: "Making a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim." Recital 9 lists 'environmentally friendly', 'eco-friendly' and 'green' among its examples of generic environmental claims. Under Article 2(p) UCPD (inserted by Directive (EU) 2024/825), a generic environmental claim is one "where the specification of the claim is not provided in clear and prominent terms on the same medium" (among other conditions). Recital 9 adds: "Whenever the specification of the environmental claim is provided in clear and prominent terms on the same medium, such as the same advertising spot, the product's packaging or online selling interface, the environmental claim is not considered to be a generic environmental claim." Article 2(s) UCPD defines "recognised excellent environmental performance" as "environmental performance compliant with Regulation (EC) No 66/2010 of the European Parliament and of the Council or with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States, or top environmental performance in accordance with other applicable Union law". The word "sustainable" does not appear in point 4a or in recital 9's list. As an example of claim wording it appears in recital 10, which states: "Similarly, a trader should not make a generic claim such as 'conscious', 'sustainable' or 'responsible' based exclusively on recognised excellent environmental performance, because such claims relate to other characteristics in addition to environmental characteristics, such as social characteristics."

Does EmpCo replace the Green Claims proposal? +

Neither the text of Directive (EU) 2024/825 nor the Commission's Green Claims web page says that it does. EmpCo is a directive in force that amends the UCPD and the CRD; the Green Claims proposal (COM(2023) 166) has not been adopted. The Commission's Green Claims web page says that the proposal "complements and further operationalises the proposal for a Directive on empowering consumers in the green transition"; the European Parliament's Legislative Observatory records procedure 2022/0092(COD), "Empowering consumers for the green transition" (Commission proposal COM(2022)0143), as completed with the final act Directive 2024/825. Recital 13 of Directive (EU) 2024/825 states: "Additional requirements on environmental claims will have to be set in specific Union legal acts."

Sources

EmpCo Directive — full text & datesDirective (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024, OJ L, 2024/825, published 6.3.2024. Article 1 (UCPD Article 2, points (ca) and (o)–(w), and Articles 6 and 7; Article 1(4) refers to the Annex, which amends UCPD Annex I, including points 2a, 4a, 4b, 4c, 10a and 23d–23j); Article 2 (amendments to Directive 2011/83/EU); Article 4 (Member States adopt and publish measures by 27 March 2026 and apply them from 27 September 2026); Article 5 (entry into force on the twentieth day following publication — 26 March 2024); Article 6 (addressed to the Member States); recitals 9, 10, 11, 12 and 13. CELEX 32024L0825 ↗
Green Claims Directive — original proposalEuropean Commission, Proposal for a Directive on substantiation and communication of explicit environmental claims, COM(2023) 166 final, 22 March 2023. CELEX 52023PC0166 ↗
European Parliament — Legislative Train ScheduleEuropean Parliament, "Substantiating and communicating green claims" (procedure 2023/0085(COD)), live tracker, consulted 2 October 2026; the page states "Information updated as of 20/09/2026". Status "Blocked," blocking institution "COUNCIL". Source for the milestone dates in section 3: first-reading adoption 12 March 2024 (467 votes for, 65 against, 74 abstentions), Council general approach 17 June 2024, first trilogue 28 January 2025, second trilogue 24 April 2025, the Commission's announcement on 20 June 2025 that it intends to withdraw the proposal, the third trilogue (scheduled for 23 June 2025) cancelled, and the statement that the 2026 Commission Work Programme (COM(2025) 870, 21 October 2025) lists the proposal as pending. europarl.europa.eu/legislative-train ↗
Commission 2026 Work ProgrammeEuropean Commission, 2026 Commission Work Programme, COM(2025) 870, adopted 21 October 2025. CELEX 52025DC0870 ↗
European Parliament — Legislative ObservatoryProcedure file 2023/0085(COD), status "Awaiting Council's 1st reading position", consulted 2 October 2026; procedure file 2022/0092(COD), "Empowering consumers for the green transition", Commission proposal COM(2022)0143, final act Directive 2024/825. oeil.europarl.europa.eu ↗ · procedure 2022/0092(COD) ↗
Unfair Commercial Practices DirectiveDirective 2005/29/EC, Article 5(5), recital 17 and the heading of Annex I ("Commercial practices which are in all circumstances considered unfair"). CELEX 32005L0029 ↗
Commission — Green Claims web pageEuropean Commission, "Green Claims" (status "Pending"; "The proposal complements and further operationalises the proposal for a Directive on empowering consumers in the green transition."), consulted 2 October 2026. environment.ec.europa.eu ↗

Sources consulted: the official texts on EUR-Lex (Directive (EU) 2024/825, Directive 2005/29/EC, COM(2023) 166 and COM(2025) 870), the European Parliament's Legislative Train Schedule and Legislative Observatory, and the Commission's Green Claims web page; last checked 3 October 2026. Legislative status can change at any time — always check the live trackers before relying on this article's status summary. This is general information, not legal, financial or investment advice.