Green Claims Directive — Proposal COM(2023) 166 final (verifiable explicit environmental claims)
Proposal COM(2023) 166 final (22 Mar 2023) on the substantiation of explicit environmental claims. It adds independent prior verification; it operates as lex specialis relative to the ECGT.
Context
The Green Claims Directive (GCD) is the European Commission’s proposal to govern the substantiation and communication of explicit environmental claims. Its operative core is to require that any explicit environmental claim (textual or contained in an environmental label) about a product or a trader be substantiated with evidence and verified beforehand by an independent verification body before its communication to the consumer. At the close of this entry (May 2026) the proposal is under legislative negotiation, not adopted.
Regulatory origin and legal status
Proposal for a Directive of the European Parliament and of the Council on the substantiation and communication of explicit environmental claims (Green Claims Directive), Brussels 22 March 2023, COM(2023) 166 final, procedure 2023/0085 (COD). Canonical ELI `https://eur-lex.europa.eu/legal-content/ES/TXT/?uri=CELEX:52023PC0166`. Legal nature at the close: legislative proposal of the Commission in the co-decision procedure with the European Parliament and the Council. Legal basis Art. 114 TFEU (harmonisation of the internal market).
Lex specialis / lex generalis relationship with the ECGT
«This proposal lays down more specific (lex specialis) rules and complements the changes proposed in the Unfair Commercial Practices Directive (lex generalis). Both proposals aim to address a common set of problems by applying different elements of the same preferred policy package.»
View verbatim quote in English
“This proposal lays down more specific (lex specialis) rules and complements the changes proposed in the Unfair Commercial Practices Directive (lex generalis). Both proposals aim to address a common set of problems by applying different elements of the same preferred policy package.”
Core definitions (Art. 2 of the proposal)
«Explicit environmental claim»
: an environmental claim made in textual form or contained in an environmental label.«Sustainability label»
: sustainability label as defined in Art. 2, point (r), of Directive 2005/29/EC.«Environmental label»
: a sustainability label covering solely or predominantly the environmental aspects of a product, a process or a trader.«Verification»
: a conformity assessment process carried out by a verifier to check whether the substantiation and communication of explicit environmental claims, or whether environmental labelling schemes, comply with the provisions of the proposal.«Primary information»
: information that the trader measures or collects directly from one or several facilities that are representative of the trader’s activities.
Core obligations (Art. 3 of the proposal)
Substantiation on widely recognised scientific evidence, with accurate information and taking into account relevant international standards.
Demonstration that the environmental impacts, aspects or performance covered by the claim are significant from a life-cycle perspective.
Determination of whether the claimed improvement causes significant harm to other environmental impacts (climate, resources, water, pollution, biodiversity, animal welfare, ecosystems).
Separation of any GHG emission offsets used from the product’s or trader’s own emissions.
Prior verification by an independent verifier before communicating the claim to the consumer (Art. 10 of the proposal).
Chronology
Adoption of COM(2023) 166 final
The European Commission adopts the proposal for a Directive on explicit environmental claims in Brussels.
Legislative negotiation
Procedure 2023/0085 (COD) in co-decision with Parliament and Council.
Final adoption
Approval of the definitive text by Parliament and Council. Transposition and application deadline foreseeably aligned with the ECGT (27 Sept 2026) or later depending on the negotiation.
Applied case
A textile brand with a catalogue of garments labelled with explicit claims about the percentage of recycled fibre and carbon footprint reduction anticipates the GCD regime.
Inventory of explicit claims: it identifies all the explicit environmental claims (textual or in an environmental label) present on the website, packaging, product sheets and commercial communication. It distinguishes generic claims (banned by the ECGT from 27 Sept 2026) from explicit claims (subject to the future GCD).
Documentary substantiation: for each explicit claim it prepares the evidential basis in accordance with Art. 3 of the proposal (recognised scientific evidence, life-cycle significance via LCA with PEFCR methodology, no-significant-harm assessment, separation of offsets from own emissions).
Verification strategy: it identifies candidate independent verification bodies (entities accredited under Reg. (EC) 765/2008) to prepare the prior verification procedure of Art. 10 of the proposal.
ECGT articulation: it maintains strict compliance with the ECGT in the transition (not using generic claims
«green»
,«eco-friendly»
,«sustainable»
; not using labels without a verifiable scheme; not announcing climate neutrality based on offsets). The GCD will add the prior verification regime over the explicit claims that remain permitted.
Common mistakes
The Green Claims Directive is NOT adopted: it is a proposal under negotiation.
At the close of this entry (May 2026) the proposal is in legislative co-decision with the European Parliament and the Council under procedure 2023/0085 (COD). It is not applicable law. Brands are not bound today by its provisions. Confusing the legal status is a frequent error: many informative articles speak of the GCD as if it were binding. The binding instrument today on greenwashing is the ECGT (Dir. (EU) 2024/825) applicable from 27 Sept 2026.
The GCD does NOT duplicate the ECGT: they are complementary in a lex specialis / lex generalis relationship.
The explanatory memorandum of the proposal expressly states that the GCD is lex specialis and the ECGT (amendment of the UCPD) is lex generalis. The ECGT prohibits entire categories of claims (generic, about the whole product when it only concerns one aspect, based on offsets, about future performance without verifiable commitments) and of labels (without a certification scheme or public authority). The GCD will add the regime of prior verification by an independent body for the explicit environmental claims that remain permitted. The two instruments operate on different planes: prohibition (ECGT) and prior verification (GCD).
The scope of the GCD is EXPLICIT claims, not all environmental communication.
Art. 2(2) of the proposal defines
«explicit environmental claim»
as an environmental claim made in textual form or contained in an environmental label. Implicit claims (images, green colours, non-textual symbols) fall outside the specific scope of the GCD although they remain subject to the UCPD as amended by the ECGT as potentially misleading practices.Prior verification is NOT done by a public authority: it is done by an accredited verifier.
Art. 10 of the proposal requires the verification to be carried out by a verifier. Art. 2(11) defines verification as a conformity assessment process carried out by a verifier. Arts. 11 and 13 of the proposal require verifiers to be conformity assessment bodies accredited under Reg. (EC) 765/2008. It is not a public authority but an accredited private body (like the certification bodies OEKO-TEX or GOTS, but specifically for explicit environmental claims).
The GCD does NOT regulate the substantiation of specific sectoral claims (energy, EU Ecolabel): it is delegated to special norms.
The explanatory memorandum specifies that the proposal does not regulate the environmental claims already regulated by specific Union norms (energy labelling of Reg. (EU) 2017/1369, EU Ecolabel of Reg. (EC) 66/2010, EMAS of Reg. (EC) 1221/2009, official textile labels). In those sectors the specific norms continue to apply (lex specialissima). The GCD is a subsidiary general rule.
Frequently asked questions
What is the Green Claims Directive?
Proposal for a Directive of the European Parliament and of the Council on the substantiation and communication of explicit environmental claims, adopted by the European Commission on 22 March 2023 in Brussels as COM(2023) 166 final, procedure 2023/0085 (COD). It provides a regime of prior verification by an independent verifier for explicit environmental claims about products or traders.
Is the Green Claims Directive adopted?
No at the close of this entry (May 2026). It is under legislative negotiation in co-decision with the European Parliament and the Council under procedure 2023/0085 (COD). It is not applicable law. The binding instrument today on greenwashing is the ECGT (Dir. (EU) 2024/825) applicable from 27 Sept 2026.
How does the GCD differ from the ECGT?
The ECGT (lex generalis, Dir. (EU) 2024/825) prohibits entire categories of claims (generic, about the whole product when it only concerns one aspect, based on offsets, about future performance without verifiable commitments) and of labels (without a certification scheme). The GCD (lex specialis, proposal COM(2023) 166 final) adds the regime of prior verification by an independent accredited body for the explicit environmental claims that remain permitted. They are complementary.
What is an explicit environmental claim?
Art. 2(2) GCD proposal: an environmental claim made in textual form or contained in an environmental label. Implicit claims (images, green colours, non-textual symbols) fall outside the specific scope of the GCD although they remain subject to the UCPD as amended by the ECGT as potentially misleading practices.
Who does the prior verification?
Art. 10 of the proposal. The verification is carried out by a verifier (Art. 2(11)), understood as a conformity assessment body accredited under Regulation (EC) 765/2008. It is not a public authority but an accredited private body. Its certificate of conformity will be valid throughout the Union.
Fuentes oficiales
- European Parliament · European Council · OJEU L of 13.3.202428 feb 2024directive
- EUR-Lex · Publications Office of the European Union11 may 2005database
