EmpCo Directive defines “certification scheme”
By Nuria Alonso. TOS Comissioning Editor
The EmpCo Directive, which full name is Directive on Empowering Consumers for the Green Transition (Directive (EU) 2024/825, ECGT Directive), addressed to protect consumers against unfair practices such as greenwashing, came into force in most part of EU countries last 27th of September.
Unlike European regulations, which are directly applicable and uniformly enforced in all Member States, directives require each country to adopt the necessary legislative provisions to transpose them into national law.
The European Questions & Answers document on this Directive published by the EU Commission defines what a certification owner is according to the Directive and specifically states that:
Displaying a sustainability label that is not based on a certification scheme or not established by public authorities is prohibited.
“Certification scheme” is defined as a third-party verification scheme that certifies a product, process, or business as compliant with specified requirements.
According to Article 2(1)(s) of the ECGT Directive, these are the requirements for a certification scheme:
- Certification must be based on independent third-party verification.
- The scheme’s requirements and terms must be publicly available.
- Compliance must be monitored by a competent, independent third party, in line with international, Union, or national standards (e.g. ISO 17065, or mechanisms provided for in Regulation (EC) No 765/2008 etc).
- The scheme must be transparent, credible, and open to all traders under fair and non-discriminatory terms.
- The scheme must be open to all traders willing and able to comply (non-exclusivity).
- The scheme owner sets the requirements in consultation with relevant experts and stakeholders.
- The scheme must allow for the use of a corresponding sustainability label.
This specification of the Directive and the description of what a certification scheme is, is especially relevant for non-regulated sectors such as organic and natural cosmetics, where greenwashing has been an extremely widespread practice that has caused tremendous confusion among consumers.
FAQ can be found here: https://commission.europa.eu/document/download/3c257883-bb2a-4dd9-a6dc-501d587bb34f_en?filename=faq-empowerting-consumers-gtd.pdf