Businesses Call on EU to Allow Continued Sale of Pre-Directive Products
EDANA, together with a coalition of leading European business associations, has issued a joint statement urging the European Commission to introduce a “grandfathering clause” within the Empowering Consumers for the Green Transition (ECGT) Directive, warning that the absence of transitional provisions could result in unnecessary waste, operational disruption, and significant economic costs.
The coalition supports the Directive’s overarching objective of tackling greenwashing and ensuring that consumers receive accurate and reliable sustainability information. However, it has raised serious concerns about the current interpretation of the rules, particularly following a recent European Commission FAQ stating that all environmental claims must comply with the Directive by September 2026, irrespective of when products were manufactured or placed on the market.
Concerns Over Retroactive Application
According to the joint statement, the interpretation effectively requires retroactive compliance for existing stock that was lawfully placed on the market under previous regulations. The coalition argues that this approach conflicts with established EU principles of legal certainty and non-retroactivity, creating regulatory uncertainty for businesses across multiple sectors.
Risk of Waste and Environmental Contradictions
The signatories further caution that millions of products already in circulation could be forced off the market if no transitional measures are introduced. This outcome, they note, could lead to the destruction of functional goods, undermining broader EU objectives on sustainability, circularity, and ecodesign by generating avoidable waste.
Significant Economic and Logistical Impact
From an economic perspective, the coalition highlights the substantial financial burden associated with corrective actions such as relabelling, stickering, or repackaging products. These measures are described as logistically complex and potentially costly, with expenses ranging from hundreds of thousands to several million euros for individual companies.
Industry Call to the European Commission
To prevent these unintended consequences while maintaining the Directive’s goals, the coalition is calling on the European Commission to:
- Introduce a “grandfathering clause” allowing products lawfully placed on the market before the application date to be sold through, and
- Develop a coordinated action plan to manage legacy stock in a practical and proportionate manner.