The EmpCo Directive has applied since 27 September 2026 and introduces stricter rules for environmental claims. Germany is planning a special rule for certain products that have already been on the market before that date. However, this provision has not yet been finalised: following its approval by the Bundesrat, it still needs to be signed into law and published in the Federal Law Gazette. Under this planned amendment to the German Act against Unfair Competition (German abbr. UWG), courts would assess each case individually when deciding whether claims on existing stock are allowed. They could consider the severity of a violation, previous compliance efforts, costs and environmental impact.
This could help with long-stored products and hard-to-replace packaging. Based on current EU FAQs on the EmpCo Directive, however, no transition or sell-off period are set. Furthermore, the rule is expected to apply only in Germany.
Online claims and advertising must still comply with EmpCo rules
The planned exemption does not cover all sustainability communication. Websites, online shops, social media posts and advertising must still meet EmpCo requirements. Additionally, this planned exemption cannot be used to justify environmental claims about current marketing materials. Businesses should now check their warranty information and whether the GARAN label is required. They should also keep records of existing stock and changes already made, review all environmental claims and advertising materials, and monitor further developments to ensure continued EmpCo compliance.
Need help understanding how EmpCo affects your business? Contact trade-e-bility for tailored advice on the requirements and the steps you need to take.
