About the Directive
How the Directive will achieve its objectives
Background to the Directive
Key features
What businesses are required to do
More detail on requirements of the Directive
Harmonised notices and labels explained
Current status and timeline of the Directive
About the Directive
The EU's Empowering Consumers Directive acknowledges the importance of empowering consumers to achieve the green transition and aims to empower consumers to make more informed sustainable purchases.
Its key objectives are:
- to protect consumers against unfair commercial practices such as greenwashing, premature failure of goods, and unreliable sustainability labels. It requires traders to be honest, clear and transparent about the environmental, social and circular aspects of their products and services
- to provide consumers with clear and trustworthy information about the environmental, social, and circular impacts of products and services
When consumers have trust in the information they’re given, they’ll be able to more easily compare products, which will lead to more sustainable consumption.
How the Empowering Consumers Directive will achieve its objectives
It will set EU-wide rules to provide consumers with more information about the durability and repairability of products before they buy.
It also aims to protect consumers from unfair business practices that discourage sustainable purchases, such as:
- greenwashing: making false or misleading claims about a product's environmental benefits
- planned obsolescence: designing products to fail or become outdated quickly
- misleading labels and claims: using unverified sustainability labels and unsubstantiated claims
Background to the Directive
The Directive is one of a package of initiatives set out at EU level and follows on from the New Consumer Agenda, the Circular Economy Action Plan and the European Green Deal, which has the ambition of zero emissions by 2050, making Europe the first climate neutral continent.
The Empowering Consumers Directive works in tandem with the Green Claims Directive, Right to Repair Directive and the Ecodesign for Sustainable Products Regulations.
The Empowering Consumers Directive addresses greenwashing through amendments to the Unfair Commercial Practices Directive (UCPD). The Green Claims Directive establishes more detailed requirements for environmental claims and labels. The Right to Repair Directive aims at promoting the increase of repair and reuse of goods both within and outside the legal guarantee. The Ecodesign Regulations works from the supply side and aims to significantly improve the sustainability of products placed on the EU market by improving their circularity, energy performance, recyclability and durability.
The EU’s Empowering Consumers Directive amends two existing pieces of consumer legislation –the Unfair Commercial Practices Directive and the Consumer Rights Directive. More detailed information on the amendments to both the Unfair Commercial Practices Directive and the Consumer Rights Directive can be found further below.
Key features of the Empowering Consumers Directive
Protection against greenwashing:
- Generic claims like “eco-friendly” or “carbon neutral” are banned unless they are substantiated.
- Environmental claims about future impact, for example “carbon neutral by 2030” can only be made if there are clear and verifiable commitments on how to achieve this through implementation plans with measurable targets, all of which can be independently verified.
Clear sustainability information:
- Products must disclose environmental, social, and circular characteristics.
- Sustainability labels must be certified or issued by public bodies.
Durability and repairability:
- Consumers must be provided with information on product lifespan, repairability scores if available, and availability of spare parts before they purchase. Consumers cannot be informed a product is repairable when it is not.
- Inform consumers of limitations, if any, when using non-original parts.
- Free software updates for digital goods must be clearly explained, for example if they are necessary or enhancing functionality.
Irrelevant and exaggerated claims:
- Traders are not allowed to advertise benefits of their product or service if this benefit is already required by law. For example, informing consumers that harmful chemicals are not present in a product, when those chemicals are already prohibited in that product by law.
- Traders may not suggest an environmental benefit applies to the entire product or business when it only relates to a specific part.
Legal guarantee of conformity and commercial guarantee:
- Clear distinction between the existing legal guarantee of conformity and any additional commercial warranties.
Harmonised notices:
- Harmonised notices will be at points of sale both online and offline reminding consumers of their existing right to an EU-wide 2-year legal guarantee of conformity whereby they can request of a trader the repair, replacement or refund of a product that does not conform to the contract.
Harmonised labels:
- Harmonised labels on products will highlight any additional commercial guarantee provided by the manufacturer of that product.
Harmonised notice and label
The harmonised notice is a standardised message that retailers must display prominently in shops or online. It informs consumers about their legal rights, especially the two-year legal guarantee that applies to most goods sold in the EU. The format of this notice will be the same across all EU countries, making it easier for consumers to recognize and understand their rights no matter where they shop.
The harmonised label is a standardised label that manufacturers or retailers must use when they offer commercial guarantees of durability (that is, warranties longer than two years). It helps consumers easily identify which products come with extra durability guarantees, and it also reminds them of the basic legal guarantee. Like the notice, the label will follow a uniform format across the EU, ensuring clarity and consistency.
The specific design and content for both can be found at Harmonised notice on legal guarantee of conformity and harmonised label for commercial guarantee of durability - European Commission.
What businesses are required to do
Marketing and labelling:
- avoid unsubstantiated, vague and exaggerated environmental claims
- use only verified sustainability labels
- ensure comparisons with other products are transparent and substantiated
Product information obligations:
- provide accurate details on durability, repairability, and software updates
- inform consumers of any limitations, if any, when using non-original parts
- display harmonised notice
Environmental claims:
- future performance claims (for example, carbon neutrality by 2030) must include:
- werifiable commitments
- implementation plans with measurable targets
- independent third-party verification
- avoid claims based on offsetting of greenhouse gas emissions
- avoid claims about the entire product or your entire business when it only applies to a certain aspect
Legal implications of non-compliance:
As the Empowering Consumers Directive amends the UCPD and the CRD, the enforcement regime is already in place. The Competition and Consumer Protection Commission (CCPC) is responsible for addressing non-compliance and may issue compliance notices, issue fixed payment notices and apply to the Court for prohibition orders. There is also the potential application of fines up to 4% of turnover or €2 million for widespread infringements.
More detail on requirements of the Empowering Consumers Directive
Amendments to the Unfair Commercial Practices Directive (UCPD)
The Unfair Commercial Practices Directive (UCPD) of 2005 was designed to support consumers when buying goods and services for businesses. It contains a list of misleading business practices that are prohibited. The Empowering Consumers Directive expands upon this list by including environmental, social, and circularity aspects as key product features that must not mislead consumers that includes:
- Unauthorised sustainability labels
Sustainability labels are only allowed if they are based on a certification scheme or have been established by public authorities. They should be transparent and credible, and verified by an independent authorized third party. - Generic environmental claims without proof
Generic claims such as 'green', 'carbon-friendly' or 'nature positive' are prohibited unless the product has proven excellent environmental performance, for example it conforms with the Ecolabel requirements. - Exaggerating claims
Suggesting an environmental benefit applies to the entire product when it only relates to a specific part. For example, claiming a refrigerator is 'energy efficient' because of its LED lighting. - Carbon benefits through offsetting
Claiming, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced, or positive impact on the environment in terms of greenhouse gas emissions. - Marketing legal requirements
Promoting legal requirements as a unique feature. For example, advertising a warranty of 2 years, which is mandatory by law anyway. - Negative impacts of software updates
Withholding information about the negative impact of software updates on digital products, content, or services. For example, a software update might cause a previously compatible device to no longer work properly. - Non-essential software updates
Presenting a functionality update as necessary when it only enhances features. - Limiting Durability
Promoting products that have built-in features that limit durability. For example, a phone with a planned battery life span of 2 years to incentivize the purchase of a new phone. - False Durability claims
Claiming that a product has a specific lifespan under normal use when this is not true. - False repairability claim
Claiming a product is repairable when it is not. - Premature replacement
Encouraging consumers to replace or refill essential parts of products in order to keep the product functioning when it is not necessary yet. For example, activating people to replace printer ink cartridges before they are actually empty in order to drive additional sales of cartridges. - Effect of non-original parts
Not communicating that a product might not work as well when using non-original parts, or falsely claiming that using non-original parts will harm the product when it won't.
The Empowering Consumers Directive also requires environmental claims about future performance, such as "Our company aims to achieve carbon neutrality by 2030’’ to:
- have clear, objective, publicly available, and verifiable commitments
- be supported by an implementation plan with measurable and time-bound targets
- be regularly verified by an independent third-party
When a trader compares the environmental or social characteristics of their product/service to another product/service, they must disclose on:
- method: clearly explain the comparison method.
- products: identify the products and suppliers.
- updates: disclose how comparison information is maintained and updated.
Amendments to the Consumer Rights Directive (CRD)
The EU Consumer Rights Directive (CRD) from 2011 gave consumers the same strong rights across the EU. By harmonizing national regulations, the CRD ensured that consumers throughout the EU now all have the same rights, such as the right to be informed about products before purchase and the right to cancel online orders, wherever they shop in the EU.
The Empowering Consumers Directive adds the following requirements:
- Honest warranties: Warranties given about the product's lifespan should be based on the entire product, not a component.
- Harmonised label for product warranties: a standardised EU label will be developed to make warranties on product durability easy to understand and compare for consumers. This label will show if a product comes with more than 2 years of guarantee that is applied by the manufacturer to the whole product at no extra cost to the consumer
- Information before point of sale: Consumers should be provided with information before making a purchase. This information includes:
- Access to repairability and durability: consumers should have access to repairability and durability information at the point of sale
- After-sales support: after-sales services, including repair services where they are provided should be clearly communicated before the consumer enters into the contract
- Repairability score: a repairability score, indicating how easy it is to repair a product, should be provided when available. If no EU repairability score exists, traders must provide repair-related information as provided by the producer
- Software updates: consumers must be informed about the minimum period for software updates for digital goods and services. Traders are only required to provide this information if the producer has shared it
- Sustainable delivery options: When applicable, traders should inform consumers about available environmentally friendly delivery options
Harmonised notices and labels explained
Harmonised notice
All EU products have a minimum 2-year warranty by law under the EU Sales of Goods Directive (EU 2019/771). This is often referred to as the legal guarantee of conformity and consumers may request one of the following remedies from a trader for a product that does not conform with the contract it was bought under:
- repair
- replacement or
- refund
A standardised or harmonised notice will be displayed at points of sale (online and offline) across all EU countries to remind consumers about their already existing standard 2-year EU legal guarantee of conformity. This notice will remind consumers and traders alike of the remedies open to consumers for products purchased which do not conform.
Some member states may have a longer national guarantee period. In Ireland, the Statute of Limitations Act 1957, sets a 6-year timeframe in which a consumer may request a remedy from the trader.
Harmonised label
To help consumers easily identify products with a true durability benefit, like warranties longer than the standard 2 years, the EU will introduce harmonised labels.
A harmonised label will clearly display the commercial guarantee that is provided by the producer. It will be attached either to the good itself or on the shelf where the good is displayed. It shows the duration of the producer’s commercial guarantee and links to the harmonised notice.
The harmonised label can be used when the 'commercial guarantee' is:
- Offered free of cost by the producer/manufacturer
- Covers the entire product
- Has a duration longer than 2 years
Current status and timeline of the Empowering Consumers Directive
The Directive entered into force on 26 March 2024. As it is a Directive, national governments of the EU member states will need to incorporate its requirements into their national laws. They have time to do so until 27 March 2026. Half a year later, by 27 September 2026, the requirements will enter into force.
Timeline | Details |
20 February 2024 | Adopted |
6 March 2024 | Published in the Official Journal of the European Union |
26 March 2024 | Entry into force |
27 September 2025 | European Commission will specify the design and content of the harmonised notice and label |
27 March 2026 | National governments must adopt requirements of the Directive into national law and publish them |
27 September 2026 | Requirements will enter into force through national legislations |
This Directive focuses on commercial practices between businesses and consumers that directly involve the promotion, sale, or supply of products or services, as well as the information provided to consumers about the product or service.
The requirements will apply to all EU/ EEA traders, and non-EU companies selling products to EU/EEA consumers.