EmpCo Directive: Independent legal assessment concludes that ISCC certification, sustainability labels, and claims comply with the legal requirements
Sustainability claims face increasing regulatory scrutiny across Europe, and companies need robust, credible ways to substantiate environmental information. Through our certification and licensing schemes, as well as our logos and claims, we strive to offer services for precisely that purpose.
The Empowering Consumers Directive
Starting from 27 September 2026, the European Union’s Empowering Consumers for the Green Transition Directive (EmpCo Directive) introduces new rules for environmental claims and sustainability labels, placing greater emphasis on transparency, independent verification, and consumer protection.
The goal is to strengthen consumer confidence by ensuring that voluntary sustainability labels are supported by robust certification systems and that environmental claims are well substantiated.
Against this backdrop, we commissioned an independent legal assessment to evaluate whether ISCC meets the legal requirements for certification schemes under the EmpCo Directive and the corresponding amendments to the German Act Against Unfair Competition (UWG). The assessment also examined whether our logos and claims comply with the new legal framework. The review was based exclusively on publicly available information about the ISCC System.
The findings: an executive summary
The following summary mostly directly quotes the executive summary of the independent legal assessment prepared by the law firm, with only minor changes to wording or structure. We also added links to sources not included in the original assessment.
Certification scheme assessed against EmpCo requirements
The assessment concludes that the ISCC certification system meets the essential legal requirements set by the EmpCo for certification schemes. This is based on the facts that:
Verification is carried out by independent, accredited third parties, thereby precluding self-certification.
The eligibility criteria are transparent, fair, and non-discriminatory, also due to a proportional fee structure that does not disadvantage small and medium-sized enterprises (SME).
The system requirements were developed in cooperation with experts and stakeholders from business, academia, and civil organisations.
Compliance with the system requirements is monitored through annual audits by accredited Certification Bodies based on international standards.
ISCC has an Integrity Programme with procedures for handling violations, including the possibility of suspending or withdrawing the certification, and, consequently, the right to use the label.
The framework conditions, certification processes, and the requirements for obtaining a certificate are publicly available and, to a significant extent, accessible.
Assessment of ISCC sustainability labels
In addition to the certification scheme itself, the law firm assessed our logos (“ISCC sustainability labels”) and the associated environmental claims.
The assessment summarises that:
The sustainability labels provided by ISCC are voluntary private sustainability labels. They relate to products, processes, and business activities and are aimed at consumers.
The labels highlight and promote sustainability characteristics, primarily in the areas of renewable materials, recycled materials, and materials derived from renewable energy. In the field of agricultural biomass, social aspects such as working conditions and human rights are also taken into account.
The use of the labels is voluntary and not legally required. Environmental claims made in connection with ISCC refer to existing and verifiable sustainability characteristics and are made in the context of commercial acts.
ISCC sets clear guidelines stipulating that environmental claims must be specified and must provide information on the applied chain-of-custody option, the raw material category, the certified component, and the certified percentage.
ISCC does not certify generic environmental claims such as “environmentally friendly”; such claims are the sole responsibility of the business operators.
With regard to prohibited actions:
ISCC labels do not violate the prohibition against affixing unsubstantiated sustainability labels.
The environmental claims made do not concern future environmental performance within the meaning of Section 5(3) No. 4 UWG.
Since the environmental claims on the labels themselves do not qualify as generic environmental claims, they are not subject to the corresponding requirement to provide evidence.
Conclusion of the legal assessment: What does this mean for you?
Overall, the independent legal assessment concludes that the ISCC certification scheme and the resulting use of the ISCC sustainability labels and environmental claims are legally compliant. The product labels provided by ISCC meet the requirements of the EmpCo Directive and the UWG, provided that business operators comply with ISCC’s specification requirements for environmental claims.
For brand owners who use, or are considering using, certification as part of their sustainability communication, the legal assessment provides an independent analysis of how ISCC certification aligns with the legal framework established by the EmpCo Directive.
Access the full assessment
For the complete legal assessment report, please reach out to our team of experts. They are available to discuss the findings, ISCC certification and licensing, ISCC sustainability labels and claims, or the impact of the EmpCo Directive on your organisation. We are happy to answer your questions and provide support.
