EU Green Claims Directive: Preparing for 2027

EU Directive 2024/825 (EmpCo) is just the beginning. The planned Green Claims Directive (GCD) will impose even stricter requirements on the credibility of environmental statements in corporate communications from 2027. While EmpCo primarily prohibits generic claims and misleading information, the GCD aims for a more comprehensive review and verification of sustainability information.

The Current Status of the Green Claims Directive

The Green Claims Directive is currently (as of May 2026) in the final phase of negotiation. The draft COM(2023) 166 final provides that companies must have environmental claims verified by independent third parties before publication. It is important to emphasise that the final version and the exact date of entry into force have not yet been determined. The planned content already indicates the requirements that will apply to environmental claims once the Directive enters into force.

The Key Points of the Planned Directive

The GCD focuses on the transparency and verifiability of environmental claims. Key points include:

* Verification obligation: Environmental statements must be verified by independent, accredited bodies before publication. This applies to both explicit claims and implicit messages. * Requirements for verifiers: The accreditation of verifiers should be harmonised throughout the EU to ensure a uniform level of quality. * Prohibition of misleading statements: The GCD builds on the prohibitions of EmpCo and intensifies them. In particular, “greenwashing” practices such as the use of vague terms without concrete evidence will be pursued more consistently. * Transparency obligation: Companies must disclose the basis for their environmental claims, including the data, methods and assumptions used.

What Does the GCD Mean for Marketing Managers?

The GCD will have a significant impact on the work of marketing managers. The following points should be noted:

1. Inventory: Record all marketing materials that contain environmental claims. This includes website texts, brochures, advertisements, social media posts and product packaging.
2. Review of statements: Analyse the statements made in terms of their accuracy and verifiability. Can they be substantiated by recognised certificates or scientific data?
3. Use certificates: Rely on recognised certificates such as EU-Bio, Demeter, FSC or Bluesign to support your environmental claims. These offer a high level of credibility and facilitate verification.
4. Prepare for verification: Build relationships with accredited verification bodies at an early stage. Clarify the requirements and costs of verification.
5. Clear communication: Formulate your environmental claims clearly, precisely and comprehensibly. Avoid vague terms and exaggerations.

Legal Risks and Judgments

Violations of the GCD can be punished with substantial fines. Even now, judgments such as that of the Bundesgerichtshof (BGH, German Federal Court of Justice) (I ZR 98/23) of 27 June 2024 in the Katjes case show that misleading information on climate neutrality will not be tolerated. Courts have also criticised the use of unspecific sustainability terms under Section 5 UWG and the EmpCo Directive (EU 2024/825). It is to be expected that the courts will consistently enforce the requirements of the GCD.

What the Green Claims Directive requires

The Green Claims Directive introduces a long-term tightening of the rules for environmental claims. It requires the substantiation of environmental claims through verifiable evidence and provides for ex-ante verification of such claims by accredited verification bodies before publication. Recognised certificates are relevant in this context as a means of substantiation. Under the GCD, environmental claims that are not credible, substantiated and externally verifiable are inadmissible; compliance is a legal obligation rather than a voluntary measure.