EmpCo Directive: Prohibited Commercial Practices Against Greenwashing
Directive (EU) 2024/825, known as Empowering Consumers for the Green Transition (EmpCo or ECGT-RL), represents a significant milestone in the European regulatory framework. Entering into force in March 2024, it strengthens consumer protection and updates Directives 2005/29/EC and 2011/83/EU, integrating them with new provisions designed to support more informed and sustainable purchasing decisions.
- March 27th, 2026: deadline for transposition into the national legal systems of Italy and the other Member States. - September 27th, 2026: date from which the new rules become fully binding for all B2C practices.
Generic Environmental Claims
Expressions such as “green” or “eco-friendly” are prohibitedunless supported by a recognised level of excellence. Compliance with the EU Ecolabel or Class A is required.
Voluntary Labels
They must be based on certification with independent third-party monitoring, or be established by public authorities.
Carbon Offsetting
It is prohibited to claim climate neutrality based solely on offsetting. Demonstrable efforts toward actual emission reductions are required.
Requirements for Credible Claims
Misleading Scope
A claim must be truthful for the entire product. It is prohibited to state that a product is “fully recycled” if only the packaging is.
Future Target Claims
Statements such as “carbon neutral by 2030” require clear commitments. A detailed plan with measurable targets and periodic third-party verification is mandatory.
Legal Advantage
It is prohibited to present mandatory legal requirements as distinctive features. Example: “lead-free” when lead is already banned by law.
Full Transparency
Every claim must be supported by verifiable sources. Recognised scientific standards are essential.
Stopping Premature Obsolescence
Limiting Features
Commercial communication relating to goods containing a feature deliberately introduced to limit their durability is prohibited, where the economic operator is aware of its effects.
Software Updates
It is prohibited to fail to inform consumers if a software update negatively affects the functioning of the product, and it is prohibited to present an update that only improves functionalities as necessary.
Consumables
Traders may not induce consumers to replace consumables earlier than needed. Example: ink cartridges with premature replacement indicators.
Non-Original Parts
Traders must inform consumers if non-original parts may affect functionality. It is prohibited to falsely claim such impairment.
New Pre-Contractual Information Obligations
Repairability Index
Mandatory disclosure of the EU repairability index. If not available, traders must provide information on the availability and cost of spare parts.
Software Updates
For digital goods, traders must indicate the minimum period during which updates will be provided, including security updates.
Commercial Guarantee
If the commercial guarantee exceeds two years, it must be communicated using the harmonised label. The legal guarantee must be communicated through the standard notice.
Sustainable Delivery
Traders must inform consumers about environmentally friendly delivery options, such as electric vehicles or consolidated shipments.
Sanctions and Enforcement Mechanisms
The Directive strengthens accountability by introducing clear legal consequences. False environmental claims may be subject to criminal prosecution. The AGCM (Italian Competition Authority) is the competent body for enforcement in Italy. It may intervene following a complaint or a report by third parties.
Minimum Fine: €5K
Base amount for administrative monetary penalties in Italy.
Maximum Fine: €5M
Upper limit proportionate to the severity of the violation.
Business Suspension
In severe cases, business activities may be suspended for up to 30 days.
QR Code E-Label
Transparency extends beyond business partners; it reaches regulators and consumers worldwide. With our QR Code E-Label, supply chain data becomes accessible, verifiable, and engaging.
GS1 Digital Link compliant: generate QR Codes with GTINs for global interoperability.
Interactive maps showing origins, processes, and sustainability data in an intuitive format.
Attach certifications and compliance documents for validation by authorities and stakeholders.
Full regulatory compliance with EU and international food labeling standards, including wine, beverages, nutrition, and environmental requirements.
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