Key points at a glance
- EmpCo (Directive (EU) 2024/825): Stricter rules against greenwashing and tougher requirements for generic environmental claims and sustainability labels.
- Last week:
- European Commission: no transition period. Instead of an extension, “corrective” measures such as stickers or additional information at the point of sale may be used.
- Germany: Bundestag passes EmpCo implementation (UWG amendment) on December 19, 2025.
- Next steps: Bundesrat, followed by signing and promulgation. For companies, backward planning to September 27, 2026 (date of application) starts now.
What is EmpCo?
EmpCo stands for the Empowering Consumers for the Green Transition Directive (Directive (EU) 2024/825). It amends key EU consumer protection rules with the aim of better protecting consumers from misleading environmental claims and enabling more comparable, more reliable sustainability information.
What matters most in practice:
- Generic environmental claims (e.g. “environmentally friendly”) will only be permitted under much stricter conditions. Typically, they require a very clear, verifiable basis (e.g. “recognized excellent environmental performance” as the benchmark in the implementation).
- Sustainability labels may no longer be used without regulation: EmpCo targets schemes established or recognized by public authorities or robustly certified schemes.
- Claims about future environmental performance must be based on concrete, realistic plans with measurable targets (typically specified further in national implementation).
Timeline: Transposition into national law by March 27, 2026, application from September 27, 2026.
What happened last week?
European Commission: No transition period, “stickers instead of a grace period”
The European Commission has published an FAQ/Q&A document on EmpCo (as of November 27, 2025). It contains a clarification that is particularly sensitive for industry: No additional transition period beyond the start of application (September 27, 2026) is envisaged. As a practical “solution” for environmental advertising that has not been adapted in time, corrective measures such as stickers or additional information at the point of sale are discussed instead.
Assessment: For products with long production and storage cycles (e.g. FMCG, cosmetics), this can create considerable pressure, especially where packaging designs have to be “frozen” early.
Germany: Bundestag passes EmpCo implementation on December 19, 2025
On December 19, 2025, the Bundestag passed the legislative packages that, among other things, transpose EmpCo into German law, in particular through amendments to the UWG (and accompanying rules on consumer rights and dark patterns).
In the parliamentary debate, the practical question of deadlines and the risk of destroying pre-produced packaging and goods were also raised. The Bundesrat (Germany's Federal Council) had called for more flexibility.
The German federal government is now called upon to ask the European Commission in writing to clarify that consumer tests such as “ÖkoTest” or “Stiftung Warentest”, which are carried out independently on the basis of predefined criteria and whose results are communicated to customers, are exempt from EmpCo. There is also a request to exempt B2B labels from EmpCo, even if they are occasionally visible to end consumers. Finally, the federal government is to call for a one-year sell-off period for products manufactured by March 27, 2026, and therefore before the deadline for transposing EmpCo into national law.
What are the next steps?
Legislation (DE/EU)
- Bundesrat: The Bundestag decision now goes to the Bundesrat for deliberation.
- Signing and promulgation: This is followed by signing by the Federal President and promulgation. Only then is the German implementation final.
- EU guidance and interpretation: The EmpCo FAQs are a signal, but many detailed questions will be clarified through guidelines, authority practice and case law, particularly when it comes to defining “generic” claims and labels.
What companies should do now (practical to-dos)
- Claim inventory: Record all environmental claims and “green” selling points across all channels (packaging, web shop, ads, POS).
- Prioritize high-risk claims: Check generic terms in particular (“environmentally friendly”, “climate neutral”, etc.) and future commitments for evidence and transparency.
- Label governance: Which marks and labels are in use, and will they meet the future requirements (recognition by public authorities or a robust certification scheme)?
- Packaging backward planning: Work backward from September 27, 2026 (artwork freeze, sell-off and inventory strategy, retailer communication).
- Mitigate inventory risk: If the European Commission does not grant a transition period, the “corrective measures” scenario (e.g. stickers or POS information) should at least be planned operationally.
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