Context and objectives of the Directive

In March 2023, the EU Commission published a proposal for a Directive on substantiation and communication of explicit environmental claims (Green Claims Directive), which aims to fight greenwashing  by ensuring that environmental claims are reliable, comparable and verifiable.

The proposal is currently under discussion in the European Parliament, and despite the numerous political upheavals witnessed in the past few weeks, the adoption of the Green Claims Directive is still expected by the end of the first semester of 2025.

The legal framework regarding greenwashing is currently a mix between, on the one hand, very general European texts (such as Directive 2024/825/EU of 28 Feb. 2024 on Green transition, adding provisions related to green claims to Directive 2005/29 and including social and environmental claims to the scope of misleading practices) and, on the other hand, more sector oriented / pragmatic local regulations, answering specific needs but which do not provide a clear general framework.

So what should you expect, and what can you do to anticipate the upcoming changes?

Main changes to be expected in relation to the current regulatory framework :

1. Harmonised rules: The Green Claims Directive proposes common rules for environmental claims, limiting the diversity of national approaches that could fragment the EU’s internal market.
2. Prohibitions and requirements: The Green Claims Directive should ban generic environmental claims published without evidence, and prohibit environmental claims and sustainability labels that do not meet minimum criteria of transparency and credibility. Sustainability labels will have to be based on certification schemes established or approved by public authorities. The Directive also provides for the involvement of a certified third party to make a full claims assessment.

We can make the parallel with organic claims, which need to follow a certification process.

1. Complementarity with existing regulations : The Green Claims Directive will act as a lex specialis, complementing the existing directive on unfair commercial practices, with a specific focus on environmental claims.

How to anticipate?

Companies operating within the EU will have to follow the new process progressively but strictly  within the implementation period, which will require solid evidence, internal management and traceability for any environmental claims.

Our recommendations :

1. Audit Current Claims: don’t wait for the end of the implementation period to carry out a detailed audit of your current environmental claims, to ensure that they can be substantiated by tangible, verifiable evidence.
2. Set up a certification process: as from now, start designing an internal process related to environmental claims. Depending on the final version of the future Green Claims Directive, it could eventually mean engaging independent certification bodies, but the basis of this process and the formalisation of traceability is already in your hands.
3. Training and awareness-raising: Train your teams on the existing and upcoming regulatory framework, on the requirements of the new directive and more specifically on the need for transparency and evidence to communicate on the environmental impact of your products.
4. Regulatory Watch: Stay tuned for further developments concerning the Green Claims Directive and the guidelines, to ensure that you remain compliant.

unyer’s members are happy to support you in anticipating and implementing these changes, to help you on your way to green claims compliance, to avoid infraction and penalties but also to strengthen and develop your green reputation as a responsible player committed to the ecological transition.

If you have any questions or need support in this transition, do not hesitate to contact us.

We are here to help you navigate this changing regulatory landscape.