EU opens infringement procedures against 20 member states for failing to transpose green claims directive

EUROPE – The European Commission has opened infringement procedures against 20 Member States for failing to transpose the Directive on Empowering Consumers for the Green Transition, which regulates on-pack green claims and sustainability labels.

The Commission has sent letters of formal notice to Belgium, Bulgaria, Czechia, Estonia, Greece, Spain, France, Croatia, Cyprus, Latvia, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Slovenia, Finland, and Sweden. 

Member States were expected to transpose the Directive into national law by 27 March 2026, in preparation for the rules to apply from 27 September 2026. 

So far, the countries in question have not informed the Commission of all the steps taken to adopt the Directive into national law.

Why Green Claims Matter for Packaging

A package that claims to be “recyclable” or “made from 50% recycled content” is making a green claim. 

The Directive requires that such claims be substantiated with evidence and that sustainability labels be backed by certification schemes. 

A logo that implies a package is environmentally friendly without third-party verification becomes illegal under the Directive. 

For packaging converters and brand owners, the Directive shifts the burden of proof: green claims are not marketing; they are regulated statements with legal consequences. 

The 27 September 2026 application date is less than four months away; with 20 Member States not having transposed the Directive, brand owners may face a patchwork of enforcement where some countries have rules and others do not.

The Enforcement Process

Each Member State will have two months to respond to the formal notice and notify the Commission of their complete transposition measures. 

If they do not, the Commission may issue a reasoned opinion, escalating the process. 

If a Member State continues to fail to transpose, the Commission can refer the case to the Court of Justice of the European Union, which may impose financial penalties. 

Back in 2024, the Commission opened infringement procedures against multiple Member States, with France receiving a reasoned opinion for failing to address shortcomings in its labelling requirements regarding waste sorting instructions, a case now referred to the Court.

A Pattern of Non-Compliance

Ireland, Spain, France, and Hungary received reasoned opinions for the incomplete transposition of EU rules on renewable energy under Directive (EU) 2018/2001. 

Last year, the EFTA Surveillance Authority referred Iceland to the EFTA Court for failing to enforce rules to prevent packaging waste, regulate the types of packaging brought to market, and manage operations at landfill sites. 

The pattern suggests that many Member States are struggling to meet EU legislative deadlines across environmental policy, not just packaging.

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