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Green Claims Directive vs EmpCo: which one is actually law in 2026?

Current to 21 August 2026 · updates land in the changelog.

Short answer: the Green Claims Directive is not law. The instrument actually rewiring EU green marketing in 2026 is the Empowering Consumers Directive — “EmpCo”, Directive (EU) 2024/825 — which Member States must apply from 27 September 2026. The two are persistently confused, including by vendors selling “Green Claims Directive compliance”.

What happened to the Green Claims Directive

The Green Claims Directive (proposal 2023/0085) was a companion proposal that would have added ex-ante substantiation-and-verification machinery — third-party verification of claims before use. Its status at our verification date: “Awaiting Council's first reading position”. The Commission announced an intent to withdraw it in June 2025 but never formally did, and the Council Presidency was reported on 11 June 2026 to have abandoned negotiations. Stalled — not withdrawn, not law.

What is actually in force

The operative 2026 regime is EmpCo + the existing UCPD, applied via national law: twelve new per-se banned practices (generic claims, offset-based neutrality claims, unbacked sustainability labels, and seven durability/software points), plus amended general misleading-practices tests that now expressly cover environmental and social characteristics and circularity aspects.

Three practical consequences

Where to go from here

Start with point 4a (generic claims) and point 4c (offset neutrality) — between them they catch most live copy — then check where your Member States stand on transposition.

Related guides

Quick answers

Is the EU Green Claims Directive in force in 2026?
No. The proposal (2023/0085) is stalled — awaiting the Council's first reading, with negotiations reported abandoned in June 2026. It was never formally withdrawn, but it is not law.
Then which green-claims rules apply from 27 September 2026?
The Empowering Consumers Directive (EU) 2024/825 — EmpCo — which inserts twelve per-se banned practices into the UCPD blacklist and applies from 27 September 2026 via national transposition.
Does the Green Claims Directive stalling delay the September 2026 rules?
No. EmpCo's application date is fixed and unaffected by the companion proposal's fate.
Sort every live claim before 27 September 2026.

The EU Green Claims Compliance Kit: the twelve banned practices verbatim with plain-language readings, 13 rewrite patterns, the claim register and the substantiation file — built from the Official Journal text with pinpoint citations.

Get the kit — US$190 Free 4-page sample (PDF)

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General information and document templates only — not legal advice, and no clearance opinions. EmpCo binds traders through national transposition: wording and enforcement vary across the 27 Member States, and everything on this page keys to the directive baseline. Sources are Directive (EU) 2024/825 (CELEX 32024L0825) and our audited kit research. © 2026 Kilde.

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