1. Has the EmpCo Directive been implemented into national law?
    1. Has a draft implementing act already been published?
    2. What is the expected timeline for transposition of the Directive?
    3. Are any provisions envisaged exceeding the minimum harmonisation requirements, or specific deviations? Please specify.
  2. Have official guidelines, FAQs or interpretative guidance been issued by competent authorities or consumer protection bodies regarding the application of the EmpCo Directive?
  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”?
  4. Which sanctions and enforcement mechanisms are available or envisaged (e.g. administrative fines, prohibition orders, injunctions, market bans, civil enforcement actions)?
  5. Which authorities or institutions are competent for enforcement and supervision?
  6. Is there already specific case law on environmental claims and/or sustainability labels? 

jurisdiction

Belgium
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1. Has the EmpCo Directive been implemented into national law?

No.

1.1 Has a draft implementing act already been published?

Yes.

1.2 What is the expected timeline for transposition of the Directive?

Before summer 2026.

1.3 Are any provisions envisaged exceeding the minimum harmonisation requirements, or specific deviations? Please specify.

No.

2. Have official guidelines, FAQs or interpretative guidance been issued by competent authorities or consumer protection bodies regarding the application of the EmpCo Directive?

Yes, the Federal Public Service Economy issued guidelines about greenwashing, but only under the current rules regarding misleading advertising. See in Dutch: https://economie.fgov.be/sites/default/files/Files/Entreprises/Praktische-gids-Goede-praktijken-inzake-milieuclaims.pdf and in French: https://economie.fgov.be/sites/default/files/Files/Entreprises/Guide-pratique-Bonnes-pratiques-en-matiere-d-Allegations-environnementales.pdf.

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”?

No.

4. Which sanctions and enforcement mechanisms are available or envisaged (e.g. administrative fines, prohibition orders, injunctions, market bans, civil enforcement actions)?

Available and envisaged enforcement tools include:

  1. Cease‑and‑desist requests by the Economic Inspectorate;
  2. Prohibition and injunction orders (incl. recall) upon the request of competitors, consumer organizations, of the Minister of Economic Affairs;
  3. Administrative fines for competition/consumer protection infringements of up to 4% of the infringer's turnover.

5. Which authorities or institutions are competent for enforcement and supervision?

Federal Public Service Economy.

6. Is there already specific case law on environmental claims and/or sustainability labels? 

Yes, the courts have rendered a few decisions regarding the misleading character of green claims. The scope of these cases is limited to the dispute between the parties concerned. Besides the regular case law, there are plenty of decisions rendered by the Jury for Fair Practices, the auto-disciplinary body where advertisers must respond to complaints of the consumers (https://www.jep.be/).