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

Spain
Add jurisdiction

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

Not yet.

1.1 Has a draft implementing act already been published?

Yes, a proposal called "Anteproyecto de Ley de Consumo Sostenible" was published in July 2025 and subject to a public consultation process.

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

Still pending parliamentary adoption.

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

Yes. Spain envisages targeted regulatory over-implementation across advertising, environmental claims and labels, consumer information/formatting, corporate naming, and procedural burdens, going beyond minimum harmonisation.

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 specific EmpCo guidance yet.

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”?

Spain recognises several Type I ecolabels demonstrating "recognised excellent environmental performance", including: 

  1. EU Ecolabel (EU Flower) - officially recognised and widely used in Spain; 
  2. AENOR Medio Ambiente (national ecolabelling schemes aligned with ISO 14024 standards). Such labels may help substantiate generic environmental claims under EmpCo, provided all conditions are met.

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

Available/envisaged mechanisms include: 

  1. Administrative fines under consumer protection law; 
  2. Cease-and-desist orders and corrective measures; 
  3. Injunctions under unfair competition law; 
  4. Civil actions brought by consumers, consumer associations, competitors (under Unfair competition Law); 
  5. Possible market surveillance measures and product bans in coordination with consumer authorities. 

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

Ministerio de Derechos Sociales, Consumo y Agenda 2030; National Consumer Affairs authorities; Regional consumer protection authorities (Comunidades Autónomas); Civil courts, in private enforcement (unfair competition and consumer litigation).

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

Spain already has case law and administrative enforcement concerning misleading environmental claims, based on: 

  1. Unfair competition Law; 
  2. General consumer protection rules. Notable disputes and enforcement trends include: 
    1. Advertising and greenwashing litigation between major energy companies; 
    2. scrutiny by consumer protection authorities (notably regional authorities) of sustainability-related advertising. These cases are expected to gain relevance and intensity once EmpCo is fully applicable.