Annex I, point 2a
Sustainability labels: only real ones survive
The rule in one line
Short answer
Displaying a sustainability label that is not based on a certification scheme and not established by public authorities is banned in all circumstances (Annex I, point 2a of the UCPD, as added by the EmpCo Directive).
The definition of a sustainability label is wide on purpose. Any voluntary trust mark or quality mark that sets a product, process or business apart on environmental or social grounds counts. Public or private. Words or icons. Even packaging artwork, like a leaf next to a sustainability statement, can be read as a trust mark. Consumer perception decides.
What makes a certification scheme valid
A certification scheme is a third-party verification scheme that certifies a product, process or business against published requirements. The directive sets minimum conditions. All of them must hold:
| Requirement | In practice |
|---|---|
| Independent third-party verification | Certification decisions rest on verification by a party independent from the trader. |
| Independent monitoring | Compliance is monitored by a competent, independent third party, following international, EU or national standards such as ISO 17065. |
| Transparency | The scheme's terms and requirements are publicly available. Traders must check them before displaying the label. |
| Open access | Open to all traders willing and able to comply, on transparent, fair and non-discriminatory terms. |
| Stakeholder consultation | The scheme owner develops requirements in consultation with relevant experts and stakeholders. |
| A usable label | The scheme allows use of a corresponding sustainability label. |
Key takeaways
- Scheme owner and trader may be the same entity, but the monitoring third party must be a legally separate, independent organisation. The Commission confirmed this in June 2026.
- No transition period. Non-compliant labels must be gone from commercial communication by 27 September 2026.
- Labels from non-EU public authorities need a certification scheme behind them. The public-authority exception is read as EU authorities.
- Certification trade marks under EU trademark law can function as sustainability labels, and then face the same test.
- A compliant label can still break other rules if it is used to oversell benefits. Certification is a floor, not a free pass.
Special cases the Commission addressed
Organic food keeps its own regime. Sector rules take precedence, so organic terms under Regulation (EU) 2018/848 remain valid for compliant products, even though the EU organic logo is not an ISO 14024 type I ecolabel.
Vegan and vegetarian labels sit in a grey zone. Presented as a plain product fact, they may fall outside the sustainability label definition. Presented as an environmental or animal welfare promise, they fall inside it. How the average consumer reads the label is what counts.
And the EU Ecolabel family keeps a privileged spot. It doubles as proof of recognised excellent environmental performance, which is the only way to keep using generic green claims.
The rules apply from 27 September 2026
That includes products already on the shelf. Check your claims, labels and product pages now, not after enforcement starts.
Frequently asked questions
What counts as a sustainability label under the EmpCo Directive?
Any voluntary trust mark, quality mark or equivalent, public or private, that promotes a product, process or business based on its environmental or social characteristics, or both. Mandatory labels required by law are excluded. Even a leaf icon can qualify if consumers read it as a trust mark.
Which sustainability labels are banned from September 2026?
Any sustainability label that is not established by public authorities and not based on a certification scheme. There is no transition period. Labels that fail the test on 27 September 2026 must be removed from packaging, ads and product pages.
What must a certification scheme include to be valid?
Third-party verification. Publicly available terms. Compliance monitored by a competent, independent third party in line with international, EU or national standards. Transparent and credible governance. Open access for all traders willing to meet the requirements, on fair and non-discriminatory terms. Requirements developed in consultation with experts and stakeholders.
Can a company use its own self-made green badge?
Not as a free-floating badge. A self-declared label with no certification scheme behind it is blacklisted. The Commission clarifies one nuance: the scheme owner and the trader may be the same entity, if the scheme genuinely meets all requirements including openness to others. But the verifier must be a legally separate, independent entity.
Are labels from non-EU governments allowed?
Only if they are based on a certification scheme. The Commission's June 2026 Q&A reads the 'established by public authorities' exception as covering EU public authorities. Labels set up by non-EU authorities without an underlying certification scheme are prohibited.
Do vegan and vegetarian labels count as sustainability labels?
It depends on presentation. If the label just states a product characteristic, it may fall outside the definition. If the trader uses it to imply environmental or social benefits, like animal welfare, it can qualify as a sustainability label or an environmental claim, and the rules apply.
