As environmental awareness continues to rise, businesses across industries are increasingly making bold claims about the sustainability of their products and services. However, not all of these claims are accurate or credible, leading to the growing problem of greenwashing—the act of misleading consumers by falsely presenting a product or company as environmentally friendly. This week, we will look at the response stance taken by the European Union, who have introduced the Green Claims Directive, a vital part of its broader strategy under the European Green Deal, to ensure that environmental claims are transparent, verifiable, and accurate.

What is the Green Claims Directive?

The Green Claims Directive (GCD), proposed in March 2023, plays a key role in the EU’s goal to become the first climate-neutral continent by 2050. The directive aims to prevent businesses from making misleading environmental claims by establishing strict standards for how these claims should be made and verified. Its overarching goal is to provide consumers with reliable, transparent information about the sustainability of the products they purchase while holding companies accountable for their claims. This framework is designed to empower consumers and promote genuinely sustainable practices across global value chains.

The directive was officially passed by the European Parliament on January 17, 2024, marking a new era of transparency and accountability in environmental claims. Businesses are now required to quickly adapt to these new standards, ensuring their claims are substantiated and verifiable, or risk facing penalties. This represents a significant shift in how environmental claims are regulated, pushing for more credible and transparent practices in business operations worldwide. With the directive now in place, companies must ensure compliance to avoid financial penalties and reputational damage.

Why Was the Green Claims Directive Introduced?

The need for this directive became evident after a 2020 study by the European Commission revealed that over 50% of environmental claims made by companies in the EU were either vague, misleading, or entirely unsupported by data. In addition, there were over 230 different “green” labels in use across the EU, each with varying degrees of transparency, making it difficult for consumers to discern the truth behind these claims. These inconsistencies created an environment ripe for greenwashing, where companies could gain a competitive advantage by falsely advertising their products as sustainable, without any meaningful accountability.

The Green Claims Directive was introduced to address these issues. By ensuring that environmental claims are substantiated with credible data, independently verified, and transparently communicated, the directive aims to restore consumer trust in sustainable products. It also encourages businesses to invest in legitimate environmental practices rather than relying on misleading marketing tactics.

Source: Lisa Zadrozny Stausholm (2014) - Standup for Europe

Key Provisions of the Directive

The Green Claims Directive sets out several important requirements for businesses that make environmental claims:

  1. Third-party verification: Environmental claims must be backed by verifiable data and independently assessed by an accredited third-party body to ensure their accuracy and credibility.
  2. Transparency in labelling: Companies can only use environmental labels that are robust, reliable, and regularly reviewed. This eliminates the use of vague or self-designed labels that confuse consumers about a product’s true environmental impact.
  3. Penalties for non-compliance: The directive imposes penalties on businesses that fail to comply with its requirements, with fines of up to 4% of annual turnover. This ensures that companies take their environmental claims seriously and avoid greenwashing practices.
  4. Civil claims: Consumers and third-party organizations can also bring civil claims against businesses if they believe an environmental claim is misleading or inaccurate, adding another layer of accountability.
Source: European Commission - Green Claims

CRCF: A New Era for Carbon Credits

The Green Claims Directive (GCD) often refers to the EU’s Carbon Removal Certification Framework (CRCF), which lays the groundwork for issuing a new class of high-quality carbon removal credits. These credits would come from projects within the EU and be certified according to standards set by the European Commission. Discussions are ongoing about limiting environmental claims to only those credits that meet CRCF’s stringent criteria, ensuring transparency and verifiable environmental impact.

With the CRCF on the horizon, there is increasing pressure to integrate removal credits into the EU Emissions Trading Scheme (EU ETS), which is projected to face a shortage of credits by 2040. Incorporating CRCF units would boost demand for domestic carbon removal projects and provide regulated entities with more ways to offset their residual emissions. However, policymakers remain hesitant due to past issues with the UN’s Clean Development Mechanism (CDM), which ended in 2020. Despite this, the CRCF’s stricter eligibility standards may bring renewed trust in carbon credits, keeping the discussion relevant for years to come.

Global Impact

The Green Claims Directive is expected to have a significant impact on global value chains, particularly for companies that export products to the EU. As one of the world’s largest markets, the EU’s regulations often set global standards, meaning that businesses outside Europe will need to comply with these new rules if they want to maintain access to the EU market.

For companies that have already invested in genuine sustainability initiatives, this directive levels the playing field, as it requires all businesses to meet the same rigorous standards for their environmental claims. Those that continue to engage in greenwashing will face financial penalties, reputational damage, and potential loss of market access.

The directive also aligns with the EU’s broader efforts to transition to a circular economy and achieve net-zero emissions by 2050. By ensuring that only genuinely sustainable products can claim environmental benefits, the EU is encouraging businesses worldwide to adopt more responsible and transparent practices.

Scature's Role in Supporting Compliance

At Scature, we fully support the objectives of the Green Claims Directive and are committed to helping businesses transition to transparent, verifiable sustainability practices. Through our carbon management and nature-based solutions, we offer tools that help companies not only meet regulatory requirements but also make a meaningful impact on the environment. Our services ensure that environmental claims are backed by science, providing businesses with the credibility they need in an increasingly eco-conscious market.