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European Commission Questions & Answers Brussels, June 2026 Disclaimer: This document provides answers to frequently asked questions by stakeholders related to Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information. Any views expressed in this document are the preliminary views of the European Commission (EC) services and may not under any circumstances be regarded as stating an official position of the EC.

Only the Court of Justice of the European Union is competent to authoritatively interpret EU law. General note The new Directive on Empowering Consumers for the Green Transition (Directive (EU) 2024/825, ECGT Directive) amends two existing consumer directives: the Unfair Commercial Practices Directive (Directive 2005/29/EC, UCPD) and the Consumer Rights Directive (Directive 2011/83/EU , CRD).

The amendments do not change the scope and logic of intervention of these two existing Directives but introduce targeted changes, to regulate vague and misleading environmental claims and sustainability labels under the UCPD and mandating better and more harmonised information at the point of sale on consumers’ legal guarantee rights, and on the repairability and durability of goods under the CRD.

This will ensure a strengthened horizontal ‘consumer protection safety net’ ( lex generalis ), improving consumer protection and consumer information in all sectors falling within the scope of the UCPD and the CRD, complementing and filling gaps in sector-specific Union law that regulates specific aspects of unfair commercial practices ( lex specialis ), but not taking precedence over it. These answers to frequently asked questions do not constitute a formal Commission position or legally binding interpretation of the ECGT Directive. The exclusive competence to provide authoritative interpretation lies with the Court of Justice of the European Union.

It is the responsibility of the national competent bodies, including courts, to enforce the provisions of the Directive. For further information on the ECGT Directive, the UCPD, and the CRD please check also: - https://commission.europa.eu/live-work-travel-eu/consumer-rights-and- complaints/sustainable-consumption_en - https://eur-lex.europa.eu/eli/dir/2024/825/oj - https://commission.europa.eu/law/law-topic/consumer-protection-law/consumer- contract-law/consumer-rights-directive_en - https://commission.europa.eu/law/law-topic/consumer-protection-law/unfair- commercial-practices-and-price-indication/unfair-commercial-practices- directive_en . Directorate-General for Justice and Consumers

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The Guidance Notices 1 on the UCPD and CRD were updated and issued by the Commission in 2021. Section 4.1.1 of the UCPD Guidance Notice covers the application of the UCPD to environmental claims, i.e. prior to the adoption of Directive 2024/825. Why this Questions & Answers document? Recital 42 of the ECGT Directive states: 'To facilitate the proper application of this Directive, it is important that the Commission keeps the guidance documents on Directives 2005/29/EC and 2011/83/EU updated to take into account the content of this Directive.’ Recital 42 of ECGT Directive did not set a specific timeline to update the Commission’s guidance documents on the UCPD and the CRD.

As a general practice, the Commission updates these guidance documents after a certain period of application has elapsed, allowing for the accumulation of relevant case law, enforcement decisions, and practical experience. Given that transposition of the ECGT Directive is still ongoing, and the date of application will be 27 September 2026, the Commission will proceed to updating the current 2021 guidance notices at a later date. The Commission issues this Questions & Answers document to facilitate a coherent application of the ECGT Directive in the meantime.

1 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021XC1229(05)&from=EN ; https://eur- lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52021XC1229(04)&from=EN 2

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Table of Contents Questions in relation to the UCPD, as amended by ECGT Directive: .............................................. 5 1. Could you clarify the material scope of the ECGT Directive? For example, do corporate communication, sustainability and corporate sustainability reporting fall within the scope of the Directive? ......................................................................................................................................... 5 2. The definition of ‘environmental claim’ includes claims that ‘imply’ a positive or zero impact on the environment. How should the term ‘imply’ be interpreted in this context? ...................... 6 3.

How are existing brand names or product names that are protected by intellectual property rights, affected by the new rules on environmental claims under the ECGT Directive? ................ 7 4. Could you provide further clarification on when an environmental claim is considered generic and when it is not, under the ECGT Directive? ............................................................................... 8 5. When designing the artwork of packaging, should companies be aware of any elements (e.g. art with green leaves or water drops) that would risk being considered to contain a generic environmental claim or a sustainability label?

................................................................................ 9 6. How are generic claims of carbon neutrality regulated under the ECGT Directive? ................ 10 7. How can a trader demonstrate ‘recognised excellent environmental performance’ in order to lawfully use a generic environmental claim under the ECGT Directive? ...................................... 10 8. What is meant by a ‘certification scheme’ under the ECGT Directive? .................................... 12 9. What types of social characteristics are referred to in the ECGT Directive? ............................ 13 10.

Could you clarify the scope of the prohibition introduced by Annex I point 4c to the UCPD, which prohibits claims that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions when such claims are based on the offsetting of greenhouse gas emissions? ...................................................................................... 13 11. Could you clarify the scope of the prohibition of advertising benefits to consumers that are irrelevant and do not result from any feature of the product or business? ................................. 14 12.

Could you clarify the prohibition of claims related to future environmental performance, in particular concerning the verification by a third-party expert? .................................................... 15 13. To what extent must the method of comparison referred to in Article 7(7) of the UCPD be explained? Should the explanation be understandable to the average consumer? .................... 16 14. Can you explain if the term ‘organic’ can be still used as a generic claim? ............................ 16 15. Do ‘vegan’/ ‘vegetarian’ labels also refer to environmental or social characteristics and qualify as a sustainability label under the ECGT Directive?

.......................................................... 16 16. Can traders present requirements imposed by law as a distinctive feature when not all products are covered or when the law is from a third country? .................................................. 17 17. The display of sustainability labels is not forbidden if they are established by public authorities. Can this be also third-country public authorities? .................................................... 17 18. How do the new rules on environmental claims and sustainability labels apply to existing products?

....................................................................................................................................... 17 Questions in relation to the CRD, as amended by ECGT Directive:............................................... 18 19. What are the current EU rules on the reparability score for consumer goods? ..................... 18 3

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20. What are the requirements for information on durability and reparability of products to be deemed available to traders and consumers under the CRD, as amended by the ECGT Directive? ....................................................................................................................................................... 18 21. What is the relationship between the harmonised notice on the legal guarantee of conformity and the harmonised label on the commercial guarantee of durability? .................... 19 4

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