The EC has adopted new rules will enhance consumers’ rights and protect them against misleading ‘green’ claims, including about unfair claims about carbon offsetting. It will also clarify the traders’ liability in cases of information (or lack of information) on early obsolescence, unnecessary software updates or the unjustified obligation to buy spare parts from the original producer.

Under the rather ungainly title of the Directive Empowering Consumers for the Green Transition through Better Protection against Unfair Practices and Better Information, the directive will also improve the information available to consumers to help them make circular and ecological choices. For instance, products across the EU will bear a harmonised label with information on the commercial guarantee of durability.

The directive uses a definition of “environmental claim” that is broad and will cover all messages or representations (including images) that might imply that a product or brand or company has a positive or neutral impact on the environment; less damaging than rivals or is achieving a higher level of protection.

Thus the directive will have a significant impact on how companies can communicate their sustainability and ESG messages, covering both greenwashing and bluewashing - overstating a company's commitment to responsible social practices.

The proposal was presented on 30 March 2022 under the responsibility of commissioner Didier Reynders and is part of a package of four proposals, together with the ecodesign regulation and the directive proposals on green claims and promoting repair (right to repair).

The Council is now expected to endorse the provisional agreement after which the Directive will be published in the EU Official Journal and enter into force.

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