Green Claims Directive 2027: What Comes After EmpCo

The EU has two greenwashing directives: EmpCo (EU 2024/825), which prohibits certain statements from 27 September 2026, and the Green Claims Directive (Proposal COM 2023/166), which requires substantiation. Importantly, the Green Claims Directive was suspended by the European Council in June 2025 — its status is unclear. However, companies should prepare themselves.

What the Green Claims Directive originally intended: Substantiation of every environmental claim BEFORE publication. External verification by accredited testing bodies. A recognition system for sustainability seals. Prohibition of multiple certifications.

Current status in 2026 following the suspension decision: Spain has introduced its own substantiation obligation (2025). France has expanded its Loi AGEC. The Netherlands is using the ACM for stricter interpretation of EmpCo.

Significance for German companies: Even without the Green Claims Directive, companies should anticipate substantiation obligations. Those that are EmpCo-compliant in 2026 will already have fulfilled 80 % of the Green Claims requirements.

Recommended preparation: Document substantiation of every environmental claim. Prefer external certificates over self-audits. Establish ISO 14067 (Carbon Footprint) as a standard. CDP-Climate-Disclosure as best practice.

Long term: The EU is positioning itself as a pioneer — the UK, Switzerland, Australia and Canada are adopting similar standards. Multinational companies should prepare for a global strict-compliance-first strategy.