Implementation tracker for the EmpCo Directive - Portugal

No.

No draft implementation has been issued to date, and there is likewise no publicly available indication of any legislative measures being prepared to transpose the Directive.

There are no official statements or publications that would enable the expected time frame for the transposition of the directive to be determined, nor any dedicated working groups formed for that purpose, any public consultations launched on the subject, or any draft laws currently under discussion.

There is no sufficient data to predict whether the minimum harmonisation requirements will be exceeded.

No official guidance, FAQs or interpretative guidelines have been issued by the competent authorities or consumer protection bodies regarding the application of the EmpCo Directive.

However, the Directorate-General for Consumers (Direção Geral do Consumidor) published a guide entitled ‘Environmental Claims in Commercial Communications’ in 2021. Although it is not an official interpretation by the EmpCo, it provides relevant guidelines for economic operators who make use of environmental claims.

The main type I ecolabelling program is the EU Ecolabel (Rótulo Ecológico da UE), managed by Directorate-General for Economic Activities (“DGAE”) and the Portuguese Environment Agency (“APA”). Portuguese law already recognizes the EU Ecolabel as evidence of “recognized excellent environmental performance”. 

There is no separate national or regional ISO 14024 label beyond the EU Ecolabel. Thus, the only mechanism in Portugal that can substantiate a generic environmental claim under is the possession of the EU Ecolabel.

Greenwashing is not subject to any standalone sanctioning regime. Instead, cases falling into this category are handled under the broader rules governing unfair commercial practices and misleading advertising. 
When these provisions are breached, the conduct is classified as a serious economic offence, for which the applicable fines range from €650 to €24,000, depending on the offender’s profile. 

These measures may be supplemented by other consequences, including additional penalties or injunctive orders.

Portugal employs a diffuse enforcement regime. 

The Food and Economic Safety Authority (Autoridade de Segurança Alimentar e Económica, “ASAE”) or the relevant sector regulator have primary competence to investigate and sanction unfair commercial practices. 

The Directorate-General for Consumers (DIreção-Geral do Consumidor) is specifically responsible for overseeing commercial advertising in Portugal. 

To date, no reported Portuguese court cases have specifically dealt with greenwashing, generic eco-claims or sustainability labels. All known enforcement has been administrative.