CMS Implementation Tracker for the EmpCo Directive

The CMS Implementation Tracker shows the status of transposition in the Member States, highlights any differences from the EU legislation, and notes country-specific nuances. It also indicates whether local authorities or other relevant bodies have issued any guidance, outlines the relevant consequences and sanctions in each country, and provides an overview of labels that may help demonstrate recognised excellent environmental performance for the admissible use of generic environmental claims.

In that context, also the European Commission’s FAQs (European Commission) are also worth noting, as they offer practical guidance on the new rules. The latest version, updated on 21 September 2026 explains that national authorities and courts may assess old stock cases in light of proportionality, legal certainty, legitimate expectations, the trader’s reasonable compliance efforts, and whether corrective measures would entail disproportionate costs or unnecessary environmental harm. This aligns with the CPC Network’s Common Understanding on old stock situations under the EmpCo Directive of June 2026 (Sustainable consumption actions - European Commission), a non-binding document that national authorities are expected to consider when exercising their enforcement powers. It addresses old stock situations involving products or packaging with environmental claims or sustainability labels that were manufactured, ordered, distributed or placed on retailers’ shelves before 27 September 2026 and indicates that, in justified cases involving genuine and specific transitional difficulties, authorities may take a phased and compliance-oriented approach while considering practical constraints and reasonable and proportionate corrective measures case by case. It remains to be seen to what extent the amended FAQs and the Common Understanding will resolve existing uncertainties in enforcement and litigation practice, as both documents leave discretion to national authorities and courts, and contemplate case-by-case assessments of transitional difficulties and corrective measures that may, in practice, overlap with existing principles applied by authorities and courts.

Companies should therefore continue to review their on-pack claims and marketing communications as a priority, closely monitor national implementation, relevant guidance and enforcement practice, and take legal advice where needed, including on how to prioritise remediation steps in light of product-specific practical constraints, to help ensure that their claims, labels, and compliance processes remain aligned with applicable law.