SCS Standards schemes and the EU Empowering Consumers Directive

What is the Empowering Consumers Directive?

The European Union’s Empowering Consumers Directive (EmpCo) is designed to minimize misleading environmental claims and strengthen trust in sustainability communications. Part of a set of anti-greenwashing legislation in the EU, the Directive aims to help consumers make informed choices about the products they buy, so they can contribute to the transition to a greener economy. The Directive applies only to consumer-facing claims relating to products, and not business-to-business claims or claims relating to company performance.

EmpCo sets strict requirements for the use of sustainability labels and for the certification schemes that support these labels. The Directive also prohibits claims that are vague, generic, or misleading; claims that are equivalent to law; and claims of carbon neutrality based on the use of carbon offsets.

The law becomes applicable across the EU on September 27, 2026.
 

What does it mean for sustainability certifications?

EmpCo requires that all sustainability labels in the EU be backed by a third-party certification scheme. This highlights the growing recognition of third-party certification schemes, like SCS Standards schemes, as effective tools for impact and credible sustainability communication.

The Directive requires that certification schemes meet specific requirements, including that they:

• Be open to all, under fair and non-discriminatory terms.
• Have requirements developed in consultation with experts and stakeholders.
• Have requirements for non-conformity, including suspension and withdrawal.
• Are audited by an independent and competent third party. 
   

How do SCS Standards schemes meet these requirements?

SCS Standards is committed to credible sustainability claims. Our standards comply with EmpCo in the following ways:

• Open and fair. All our standards are publicly available on our website and open for use by any interested business to which they are applicable. For some standards, official translations are available for immediate download. For all other standards, official translations can be made available on request by contacting us. 
• Experts and stakeholders. Our standards are developed with input from experts and stakeholders, and every major revision of an SCS Standard undergoes a 30-day public comment period. This helps our standards be relevant, impactful, and fit for purpose. Read more about the development and revision process here. 
• Non-conformity consequences. Our schemes set clear requirements for the management of nonconformities identified during or between audits. This includes defining types of nonconformities (e.g., major, minor, critical) and conditions for certificate suspension and eventual withdrawal of the certificate in case of continued nonconformance. Details are included in the certification body requirements for each scheme, found by accessing the webpage for the relevant standard in our Standards Library. 
• Independence. Our standards require annual audits that are carried out by an independent and qualified third-party certification body. SCS Standards-approved certification bodies are required to be accredited to ISO 17065 or ISO 17021, the recognized international standard for organizations certifying products, processes, and services and for management systems, respectively. In addition, SCS Standards oversees the performance of certification bodies to evaluate consistency, impartiality, and alignment with ISO 17065 or 17021 and with scheme-specific requirements (read more about oversight here). SCS Standards has approved SCS Global Services as a certification and verification body. SCS Global Services is a separate legal entity from SCS Standards and Assurance Systems and is a global leader in third-party sustainability certification and verification. An additional certification body is undergoing approval in 2026.

SCS Standards is committed to meeting the requirements of EmpCo. However, legal compliance is ultimately the responsibility of each company making product-level claims in the EU. Since each company and product has unique aspects, and each jurisdiction has unique requirements, SCS Standards does not guarantee that each user making a claim related to our standards will comply with all laws. We recommend that each party seeks independent legal counsel to help when making any such claims. 

How are labels and claims affected?

SCS Standards schemes support the use of sustainability labels on pack, in print, and online. Because these labels are based on third-party certification schemes that meet EmpCo requirements, they can be legitimately used in European markets.  

Rules around label and claims use in the EU and elsewhere are detailed in the relevant standards, certification body requirements, certification mark and claims requirements, and/or by the certification body. Permitted SCS Standards labels and claims relate directly to the scope of the respective certification, which supports clear and credible sustainability communication in line with EmpCo.  

What is the future of credible claims?

SCS Standards welcomes the increased attention on certification schemes as a tool for credible environmental and social impact. As a third-party standards owner committed to robust and transparent programs and claims, we look forward to the ongoing developments around claims and certification and are proud to be a trusted partner for companies interested in strong sustainability claims now and for the future.

For additional questions about the use of sustainability labels and claims, or about how we meet EmpCo requirements, contact us.