Implementation tracker for the EmpCo Directive - Austria
- Has the EmpCo Directive been implemented into national law?
- Have official guidelines, FAQs or interpretative guidance been issued by competent authorities or consumer protection bodies regarding the application of the EmpCo Directive?
- Are there any national or regional EN ISO 14024 type I ecolabelling schemes that substantiate a generic environmental claim as they demonstrate “recognised excellent environmental performance”?
- Which sanctions and enforcement mechanisms are available or envisaged (e.g. administrative fines, prohibition orders, injunctions, market bans, civil enforcement actions)?
- Which authorities or institutions are competent for enforcement and supervision?
- Is there already specific case law on environmental claims and/or sustainability labels?
jurisdiction
1. Has the EmpCo Directive been implemented into national law?
No.
1.1 Has a draft implementing act already been published?
No.
1.2 What is the expected timeline for transposition of the Directive?
Unknown.
1.3 Are any provisions envisaged exceeding the minimum harmonisation requirements, or specific deviations? Please specify.
N/A.
2. Have official guidelines, FAQs or interpretative guidance been issued by competent authorities or consumer protection bodies regarding the application of the EmpCo Directive?
No.
3. Are there any national or regional EN ISO 14024 type I ecolabelling schemes that substantiate a generic environmental claim as they demonstrate “recognised excellent environmental performance”?
Yes. In Austria there is the “Austrian Ecolabel”, which indicates special environmental quality of products, services, and institutions.
4. Which sanctions and enforcement mechanisms are available or envisaged (e.g. administrative fines, prohibition orders, injunctions, market bans, civil enforcement actions)?
N/A.
5. Which authorities or institutions are competent for enforcement and supervision?
N/A.
6. Is there already specific case law on environmental claims and/or sustainability labels?
Yes, environmental claims are increasingly being challenged in Austria. Particularly claims referring to 'CO₂‑neutrality' have been subject to court proceedings in the recent past. Courts apply strict standards, requiring such claims to be specific, scientifically substantiated and transparently limited to the relevant stages of the product lifecycle. Furthermore, details and information on materials and origin have to be very precise. Consumer protection associations, most notably the Austrian Consumer Association (VKI), actively enforce these standards by initiating proceedings against unsubstantiated or vague sustainability claims.
