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Energy: Greenwashing Risk 2026

The energy sector is under particularly intense scrutiny under the EmpCo Directive (EU 2024/825) because environmental claims translate directly into purchasing decisions. Germany's Bundesnetzagentur (Federal Network Agency) imposed its first fines against energy suppliers in 2024 for "greenwashing through certificate trading" — labelling grey-power tariffs as "green electricity" using purchased Guarantees of Origin. From 27 September 2026, the term "climate-neutral" applied through pure offsetting is per-se prohibited under the amended UWG implementing EmpCo Annex I No. 4b. For gas and heat suppliers in particular, this will force either the demonstration of a genuine reduction pathway or the complete withdrawal of the claim.

Typical claims in Energy

„green electricity"
„climate-neutral gas"
„clean energy"
„emission-free"
„100% renewable power"
„CO₂-neutral supply"
„from renewable sources"
„climate-friendly tariff"
„environmentally friendly heat"
„green mobility"

Concrete examples (red/amber)

"100% renewable electricity" without Guarantees of Origin (GoO) linked on tariff detail page
"Climate-neutral natural gas" through pure CO₂ offsetting without any reduction pathway
"From renewable sources" where the actual electricity mix contains a significant grey power component
"CO₂-neutral heat" through offsetting via Global South projects without methodology disclosure
"Green electricity" backed solely by European RECs from hydropower — misleading because no additional capacity is being built

EmpCo-compliant alternatives

Instead of: „100% renewable electricity"

Better: „Electricity from 100% renewable sources (hydropower 60%, wind 35%, solar 5%) with Guarantees of Origin (GoO) — see source documentation"

Why: Transparent breakdown of shares and sources instead of a blanket claim. Fulfils § 42 EnWG disclosure obligation and EmpCo substantiation requirement.

Instead of: „Climate-neutral natural gas"

Better: „Natural gas with 15% biogas blending (Biogasregister ID 12345); remaining 85% offset through VCS-verified projects"

Why: EmpCo Annex I No. 4b (per-se ban on offsetting-only "climate-neutral" claims) — here combined with a concrete reduction component (biogas), making the claim substantiable.

Instead of: „Clean energy for your home"

Better: „Electricity with a CO₂ factor of 12 g/kWh (vs. national grid average of 380 g/kWh) — see electricity labelling under § 42 EnWG"

Why: Concrete figure plus a comparison baseline replaces a vague adjective. Consumers can independently verify the claim.

Recommendations

Link Guarantees of Origin (GoO/HKN) with plant ID and generation year directly on the tariff page
Disclose the full electricity mix as required by § 42 EnWG (including the non-renewable share)
Strictly separate CO₂ reduction and offsetting — conduct annual Scope 1+2 audits
For gas: state the biogas share as a percentage and name the source (biowaste, sewage gas, etc.)
Use TUV SUD EE01 or Grüner Strom Label (GSL) instead of proprietary in-house seals

Recognised certificates

Grüner Strom Label (GSL)

Label backed by NABU & BUND (German nature conservation organisations); requires additional investment in new generating capacity.

ok-power

Rigorous label with mandatory new-capacity requirement and CO₂ balance.

TUV SUD EE01

100% renewable energy certification with mandatory audit cycle.

EECS/GoO

EU-wide Guarantees of Origin, tied to specific generating plant.

Biogasregister Deutschland

Proof of biogas blending, dena-certified (Germany).

Frequently asked questions

Are Guarantees of Origin (GoO/HKN) sufficient to advertise "green electricity"?

No. Under Section 5 UWG and the EmpCo Directive (EU 2024/825), either actual investment in new generating capacity or direct Power Purchase Agreements (PPAs) with specific plants is required. Trading certificates alone constitutes greenwashing.

What about advertising "CO₂-neutral" gas through offsetting?

From 27 September 2026 this is per-se prohibited under EmpCo Annex I No. 4b. The transitional approach is to state the biogas share as a percentage, present offsetting only as a supplement, and link the methodology (VCS, Gold Standard, project type) on the tariff page.

What electricity-mix disclosure obligations apply under § 42 EnWG?

Every energy supplier must disclose the electricity mix on invoices and on the tariff detail page, including CO₂ emissions per kWh and radioactive waste. For "green electricity" tariffs, the generation mix of the contracted plants must additionally be disclosed. These national obligations are fully aligned with EmpCo's substantiation requirements for environmental claims.

May I advertise with "sustainable"?

Not generically. A specific claim is permissible: for example, "sustainable hydropower plant at Walchensee" with a reference to the generating plant and minimum ecological standards (residual water, fish pass). The term alone is treated as misleading under EmpCo Annex I No. 2 (generic environmental claim).

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