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EmpCo Directive: What it means for coatings manufacturers and what to do now
From 27 September 2026, the EU’s EmpCo Directive will impose stricter requirements on environmental marketing claims, from product labelling to imagery. The German paint and printing ink industry association VdL explains what is changing and has outlined six concrete steps companies should take now.
The EmpCo Directive (Empowering Consumers for the Green Transition Directive) supplements existing consumer protection legislation and significantly tightens the EU’s rules on so-called greenwashing. From 27 September 2026, general environmental claims such as “eco-friendly”, “sustainable” or “climate-neutral” will only be permissible if they can be substantiated by recognised and verifiable evidence. The German paint and printing ink industry association (VdL) has drawn attention to the implications of this regulation for companies in the paint, coatings and printing ink sector.
The EmpCo Directive introduces new entries to the EU’s so-called “Black List” of practices deemed particularly unfair, which member states are required to transpose into national law. These explicitly include the use of sustainability labels without a certification system, the use of general, unsubstantiated environmental claims, environmental claims that cover only part of a product, and claims relating to legal requirements that must in any case be met.
From 27 September 2026, statements about future environmental performance will only be permitted on the basis of a detailed and realistic implementation plan with measurable, time-bound targets and clear, objective, publicly accessible commitments. Such self-imposed commitments will require external verification, which must also be publicly accessible. Environmental claims based on the offsetting of greenhouse gases will likewise fall under the scope of the new regulation. The new provisions apply not only to written text but also to graphics and images, whether used in combination or independently, which will be assessed according to their communicative content. Terms such as “climate-neutral”, “eco-friendly”, “green”, “sustainable” or “biodegradable” are likely to be impermissible without robust, verifiable substantiation. Images depicting green meadows, idyllic landscapes or plants may also become contentious if they suggest unsubstantiated environmental credentials. Entire claims and brands may be affected as a result. The VdL recommends that companies use the time remaining before the deadline to systematically review their marketing materials, websites, product labelling and sales documentation.
Comprehensive review of environmental communications recommended
Bettina Heyne, Head of Marketing & Innovation at Keim and Chair of the VdL Communications Committee, commented: “The EmpCo Directive should prompt companies in the paint industry to conduct a holistic review of all environmental communications – from texts and imagery through to product labelling and sales materials. The new requirements make clear that environmental claims must in future be documented with even greater rigour. Recognised certifications such as Cradle to Cradle, natureplus or the Blue Angel can provide a legally sound and verifiable basis for communications. Companies that strengthen collaboration between marketing, product management and sustainability management at an early stage will not only minimise legal risks but also build customer trust through transparent and comprehensible environmental communications.”
According to the VdL, the new requirements call for close cooperation between product development, regulatory affairs, sustainability management and marketing. Environmental claims should in future be documented during the development process and supported by robust data. Life cycle assessments, product declarations and scientifically recognised test methods are gaining further importance in this context.
Six steps to EmpCo compliance: what paint and coatings companies should do before 27 September 2026
- Conduct a full inventory: Review all environmental claims and labels across websites, packaging, point-of-sale materials and marketing campaigns.
- Perform a risk screening: Identify claims that are vague, unsubstantiated or based on greenhouse gas offsetting.
- Close data gaps: Professionalise measurement systems, life cycle assessments (LCA) and environmental metrics such as energy, material and waste indicators.
- Organise external verification: Use only recognised certifications – such as Cradle to Cradle, natureplus or the Blue Angel – as the basis for environmental communications.
- Establish guidelines and train staff: Define communication guidelines and internal approval processes; ensure relevant teams are trained.
- Plan relabelling and packaging changes: Prepare a roll-out plan for updated labelling; for existing stock, plan for stickers or other adaptations in advance.
Legal risks and competitive opportunities
The VdL points out that the stakes extend beyond the avoidance of legal risks, which may include warnings, cease-and-desist claims, injunctions and fines. Carefully substantiated environmental communications also strengthen trust among customers, trading partners and public-sector clients. In the paint industry, where sustainability is increasingly assessed across the entire product life cycle, transparent information can also represent a competitive advantage. Timely and consistent preparation for the new requirements is therefore described by the VdL as an important component of a future-proof corporate strategy.
Unresolved questions on sell-through periods
One question that remained open at the time of publication is what will happen to products already manufactured and delivered that do not comply with EmpCo requirements. Strictly speaking, after the deadline these would need to be withdrawn from sale or adapted to meet the new rules, for example by means of stickers or labels. Industry associations have called on the European Commission to allow a sell-through period, though Brussels has not yet acceded to these demands. In early July, the network of European consumer protection associations published a position in favour of a pragmatic enforcement approach, avoiding disproportionate measures and allowing for justified exceptions. This position has been reflected in the European Commission’s FAQ on EmpCo, though it is not legally binding.
