EmpCo: European Commission Sticks to Deadlines – German Bundestag Adopts National Implementation

TL;DR

• EmpCo (Directive (EU) 2024/825): Stricter rules against greenwashing, tougher requirements for general environmental claims and sustainability labels.
• Last week:
  1. European Commission: No transitional period – instead, possible “corrective” measures such as stickers or additional POS information rather than deadline extensions.
  2. Germany: Bundestag adopts EmpCo implementation (UWG amendments) on 19 December 2025.
• Next steps: Bundesrat, followed by signing/promulgation; companies should now start backward planningtoward 27 September 2026 (date of application).

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 and robust sustainability information.

Key practical implications include:

• General environmental claims (e.g. “environmentally friendly”) will only be permitted under much stricter conditions, typically requiring a very clear and verifiable reference (e.g. “recognized excellent environmental performance” as a benchmark in national implementation).
• Sustainability labels may no longer be used without regulation: EmpCo focuses on state-established/recognized or robustly certified schemes.
• Claims about future environmental performance must be based on concrete, realistic plans with measurable targets (usually further specified at national level).

Timeline:

Transposition into national law by 27 March 2026,

Application from 27 September 2026.

What happened last week?

European Commission: No transitional period – “stickers instead of a grace period”

The European Commission published an FAQ/Q&A document on EmpCo (as of 27 November 2025). One clarification is particularly sensitive for industry: no additional transitional period beyond the start of application (27 September 2026) is envisaged. As a practical “solution” for environmental advertising that is not adjusted in time, the Commission discusses corrective measures such as stickers or additional information at the point of sale.

Assessment: For products with long production and inventory cycles (e.g. FMCG, cosmetics), this can create significant pressure—especially where packaging designs must be frozen early.

Germany: Bundestag adopts EmpCo implementation on 19 December 2025

On 19 December 2025, the German Bundestag adopted the legislative package implementing EmpCo into German law—primarily through amendments to the Unfair Competition Act (UWG) (and accompanying provisions on consumer rights and dark patterns).

During parliamentary discussions, the practical issue of deadlines and the risk of destroying pre-produced packaging or goods was raised. The Bundesrat had called for greater flexibility.

The Federal Government is now expected to write to the European Commission requesting clarification that consumer tests conducted independently on the basis of predefined criteria (such as ÖkoTest or Stiftung Warentest) and communicated to customers should be excluded from EmpCo. It also seeks to exclude B2B labels from EmpCo, even if they are occasionally visible to end consumers. Finally, the government is to request a one-year sell-off period for products produced by 27 March 2026—i.e. before the deadline for transposing EmpCo into national law.

What are the next steps?

Legislation (DE/EU)

1. Bundesrat: The Bundestag decision will next be considered by the Bundesrat.
2. Signing & promulgation: This will be followed by signature by the Federal President and promulgation—only then will the German implementation be final.
3. EU guidance/interpretation: The EmpCo FAQs are an important signal, but many details will be clarified through guidelines, enforcement practice, and case law, particularly regarding the definition of “general” claims and sustainability labels.

What companies should do now (practical to-dos)

• Claim inventory: Identify all environmental claims and “green” selling points across all channels (packaging, webshop, advertising, POS).
• Prioritize high-risk claims: Especially generic terms (“environmentally friendly,” “climate neutral,” etc.) and future-oriented promises—review evidence and transparency.
• Label governance: Identify which labels/seals are used and whether they will meet future requirements (state recognition or robust certification systems).
• Packaging backward planning: Work backward from 27 September 2026 (artwork freeze, sell-off and inventory strategy, retailer communication).
• Mitigate inventory risk: If no transitional period is granted, the scenario of corrective measures (e.g. stickers or POS information) should at least be operationally planned.