Update on EU ‘Empowering Consumers' regulation and organic exports to EU
If you are exporting products to the EU, you may already be aware of EU regulation relating to sustainability claims.
This news item updates an article previously published on the 10th of November.
The Empowering Consumers for the Green Transition directive 2024/825, which amends the Unfair Commercial Practices Directive, came into force in March 2024 and was transferred in national law in EU Member states in March 2026. The ECGT or ‘EmpCo’ directive covers several areas including information around sustainability claims and the durability and lifespan of products.
For those exporting organic products to the EU, the two areas of the regulation we believe will be most relevant are those relating to sustainability labels and generic sustainability claims.
What the regulation says:
Under ‘misleading practices’ the regulation stipulates that ‘generic environmental claims’ such as “environmentally friendly,” “green,” or "organic" may only be used if there is recognised “excellent environmental performance” (EEP). Recognised EEP is defined as environmental performance compliant with Regulation (EC) No 66/2010 of the European Parliament and of the Council or with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States, or ‘top environmental performance’ in accordance with other applicable Union law.
This has caused some concern within the EU organic sector as worryingly; the organic regulation was not explicitly mentioned in the list of EU Eco-label Regulation and Type II environmental labels that meet EEP. The good news is that guidance from the commission now suggests that whilst it would be seen as a ‘generic’ claim, as the term organic is controlled under EU regulation, it will be allowed.
Challenges may remain for non-regulated products and use of generic claims
As it seems that ‘sustainability labels’ associated with organic certification schemes which meet the definition of ‘certification scheme’ will be acceptable, using an organic logo – provided associated with such a scheme - and the term organic on a product certified to organic regulations, should both be unproblematic.
However, it is not clear whether organic products may also be advertised or marketed with other generic environmental statements relating to the organic system (e.g. “biodiversity-friendly") unless a "recognised excellent environmental performance" can be substantiated.
Whilst German legislators have clarified that organic production should qualify as a "recognised excellent environmental performance" , this has not yet been explicitly clarified by the Commission. As a result, there remains legal uncertainty and this may persist until such time as a national court in the EU rules on the relationship between the ECGT Directive and the Organic Regulation.
What should I do now?
More clarity is still needed, but if you export organic products to the EU that are within the scope of UK organic regulation, we believe that carrying an organic certification label or and using the word ‘organic’ should be unproblematic. However, differences of opinion and interpretation may persist on what constitutes a generic claim.
The new directive obligates EU member states to enforce in relation to any products on the market as of the 27th of September 2026. This includes product placed on the EU market before that date so businesses may need to act quickly if they haven’t made necessary changes.
Soil Association Certification have created a simplified Q&A document to help guide organic businesses.
Whilst regulatory uncertainty persists, we would recommend caution around any use of sustainability labels or claims on product destined for the EU and – more importantly - that businesses seek expert legal opinion to ensure they satisfy ECGT requirements.