EU regulations on sustainability claims
Empowering Consumers (EmpCo) Directive
Enhancing Trust in Sustainability Claims
Consumers increasingly seek environmentally responsible products, but with a growing number of sustainability claims in the marketplace, verifying credibility is a challenge.
The European Union directly addresses this issue by enforcing the Empowering Consumers (EmpCo) Directive (EU) 2024/825. The EmpCo Directive came into force March 27, 2024. Specifically, it amends the existing Unfair Commercial Practices Directive to tackle unsubstantiated “green” claims and combat greenwashing. EU member states have until March 27, 2026, to transpose the directive into national law, and the provisions will apply from September 27, 2026. From then on, the directive introduces stricter requirements for environmental marketing.
Specifically, the EmpCo Directive requires companies to use only sustainability labels that are based on a certification scheme or established by public authorities.
The EmpCo Directive provides a clear definition with requirements for a transparent certification scheme. This is a major milestone in ensuring the credibility of sustainability claims and promoting consumer confidence across the EU. The good news is that HORTICERT already aligns closely with the new requirements for certification schemes according to the EmpCo Directive.
How HORTICERT aligns with the Empowering Consumers Directive
Requirement 1: “‘Certification scheme’ means a third-party verification scheme that certifies that a product, process or business complies with certain requirements, that allows for the use of a corresponding sustainability label, and the terms of which, including its requirements, are publicly available.”
HORTICERT is an independent third-party certification system that certifies the compliance of peat substitutes and growing media with defined sustainability standards. HORTICERT certification is only granted to companies that meet these requirements – verified by an independent Certification Body to ensure objectivity. The HORTICERT seal may only be used in relation to products which fulfill the HORTICERT requirements.
The HORTICERT System Documents defining the foundations of the certification system are publicly available. The HORTICERT audit checklists are made available to all System Users and other interested parties in HORTICERT’S Client Section. To further support understanding and transparency, HORTICERT provides regular trainings and webinars for auditors, system users, and other stakeholders.
Requirement 2: “The scheme is open under transparent, fair, and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements.“
HORTICERT is accessible to all potential system users committed to meet the sustainability and traceability requirements of the standard, regardless of company size or geographic location. Every supply chain participant – from growers to final growing media producers – must be certified to ensure full supply chain traceability of certified materials. All valid HORTICERT certificates and licenses can be found in the Certificate and License Database.
To facilitate certification for smallholders and intermediary service providers in the coir supply chain, HORTICERT developed a dedicated Group Certification Approach which allows producers to share costs and resources needed to meet the certification requirements.
The HORTICERT fee structure is furthermore designed to be equitable, proportionate to the turnover of companies and volume of certified material, ensuring that small and medium-sized enterprises (SMEs) are not left behind.
Requirement 3: “The scheme’s requirements are developed by the scheme owner in consultation with relevant experts and stakeholders.”
HORTICERT is rooted in a multi-stakeholder dialogue that includes industry and retail representatives, NGOs, research, academia, and public authorities. These stakeholders have been and are involved in the development of the HORTICERT requirements and governance, e.g., in the form of stakeholder workshops, working groups, bilateral communication and, most recently, a public consultation on the System Documents.
More than 40 project partners are currently contributing to the ongoing development and continuous improvement of HORTICERT, considering future market and sustainability developments.
Requirement 4: “The scheme sets out procedures for dealing with non-compliance with the scheme’s requirements and provides for the withdrawal or suspension of the use of the sustainability label by the trader in case of non-compliance.”
HORTICERT maintains a clear and enforceable framework for addressing non-compliance. Certificates may be suspended or revoked in cases of verified misconduct or failure to meet requirements. HORTICERT enhances transparency by making all valid, withdrawn and suspended certificates publicly available on the Certificate and License Database.
As part of the integrity program which us currently being developed, closer monitoring of companies’ compliance with HORTICERT requirements shall be provided through integrity assessments which may be planned randomly or on a targeted basis after risk evaluations or complaints.
Requirement 5: “The monitoring of a trader’s compliance with the scheme’s requirements is subject to an objective procedure and is carried out by a third party whose competence and independence from both the scheme owner and the trader are based on international, Union or national standards and procedures.“
HORTICERT certification is based on independent third-party audits conducted annually by accredited Certification Bodies who meet international ISO standards. The HORTICERT requirements for Certification Bodies and auditors are specified in the HORTICERT System Documents.
In addition, the HORTICERT integrity program currently under development will provide a consistent, objective, and reliable audit and certification process by all Certification Bodies cooperating with HORTICERT, including closer monitoring of the Certification Body’s auditing and certification activities through integrity assessments.
A Future-Ready Framework for Sustainable Compliance
For businesses already certified under HORTICERT, the Empowering Consumers Directive doesn’t require a fundamental shift but validates the robust systems already in place. HORTICERT’s alignment with EU regulatory requirements thus offers a strategic advantage in terms of compliance with the EmpCo Directive. As the regulatory environment evolves and sustainability expectations intensify, HORTICERT’ transparency, credibility, and commitment to continuous improvement provide a trusted and future-ready framework — enabling companies to demonstrate environmental responsibility and helping consumers make informed, conscious choices.
In addition to the EmpCo Directive, the proposed Green Claims Directive aims to ban misleading environmental claims and labels. If adopted, official recognition of certification schemes would become mandatory. Based on HORTICERT’s current understanding, the system already meets the proposed requirements. However, as the European Commission is currently considering withdrawing the proposal, both the directive’s entry into force and the recognition process remain uncertain. HORTICERT is closely monitoring the developments and intends to seek official recognition as soon as it becomes possible and necessary.