Green ClaimsPenaltiesEU proposal

Green Claims penalties and fines under the EU proposal

There is no fine in force under an EU Green Claims Directive because the directive has not been adopted.

The 4% figure came from the Commission proposal for certain coordinated cases; it was not an automatic fine, a minimum fine, or a settled final rule.

Author
Sorena AI
Published
May 9, 2026
Updated
Jul 24, 2026
Sections
6

Structured answer sets in this page tree.

Primary sources
4

Cited legal and guidance references.

Publication metadata
Sorena AI
Published May 9, 2026
Updated Jul 24, 2026
Overview

No Green Claims Directive penalty or fine is currently in force. The European Parliament's record, updated 20 June 2026, marks proposal 2023/0085(COD) as blocked and still pending. The Commission text's was a proposal for certain coordinated consumer-protection cases, not an automatic fine. If a directive were adopted, Member States would set penalties for infringements of their implementing rules; the Council general approach keeps that basic structure but removes the Commission's detailed 4% package. Existing EU and national consumer law can still apply to misleading environmental claims.

Section 1

Current-law answer

COM(2023) 166 is a legislative proposal and cannot provide a legal basis for imposing a Green Claims Directive fine. The Parliament Legislative Train records two trilogues in 2025, the Commission's announced intention to withdraw, cancellation of the third trilogue, and a blocked status. It also says the 2026 Commission Work Programme continues to list the proposal as pending.

A misleading environmental claim may still breach the Unfair Commercial Practices Directive and national implementing law. Directive (EU) 2024/825 adds specific green-transition rules to that framework; Member States must apply their implementing measures from 27 September 2026. Actual exposure therefore depends on the law in force in the relevant Member State, the conduct, the date, and any cross-border enforcement mechanism.

  • Do not quote the Green Claims proposal's 4% figure as a current fine.
  • Identify the Member State law and enforcement authority that apply to the claim.
  • Separate current UCPD exposure from draft Green Claims concepts.
  • For conduct on or after 27 September 2026, include the national measures implementing Directive (EU) 2024/825.
Section 2

What Article 17 actually says about penalties

Proposed Article 17 is framed as a Member State obligation. It would require national penalty rules for infringements of national provisions adopted under the directive; it would not publish a directly applicable EU schedule of fines for each type of green claim.

The penalty criteria focus on the infringement and the responsible actor: nature, gravity, extent, duration, intentional or negligent character, mitigation, financial strength, economic benefit, previous infringements, aggravating or mitigating factors, and penalties imposed elsewhere for the same cross-border infringement when that information is available through consumer-protection cooperation mechanisms.

The Commission proposal's detailed package also listed confiscation of revenue from transactions involving the relevant products and temporary exclusion for up to 12 months from public procurement and public funding, including tenders, grants, and concessions. The Council general approach deletes that detailed package, so none of those proposed sanction types is a settled Green Claims rule.

  • Do not present a fixed Green Claims fine amount from this proposal; no Member State has an implementing penalty under a directive that has not been adopted.
  • Treat penalty exposure as fact-specific: the same unsupported claim can carry different consequences depending on scale, duration, intent, benefit, and cross-border reach.
  • Keep evidence of mitigation and corrective action, because Article 17 expressly makes mitigation relevant to penalty assessment.
  • For cross-border campaigns, check whether penalties for the same infringement in other Member States are relevant under cooperation mechanisms.
  • Keep fines, revenue confiscation, procurement or funding exclusion, and corrective measures in separate fields; the Commission proposal treated them as distinct measures.
Section 3

Corrective measures are separate from punitive penalties

The draft enforcement design separates corrective action from penalties. Under the Council text's Article 15, competent authorities would first evaluate detected non-compliance and could require the trader, environmental labelling scheme owner, or label-displaying trader to correct the issue or stop using the non-compliant claim or label.

The Council recitals describe corrective action as a way to resolve non-compliance and a penalty as punitive. Changing a website, relabelling a product, or withdrawing a claim would not necessarily remove penalty exposure for an infringement that had already occurred.

  • Corrective measures can include bringing claim communication into compliance or ceasing use of the non-compliant claim.
  • Council recital examples include advertising changes, product relabelling, and website or media corrections.
  • A corrective action record should show what changed, when it changed, who approved it, and which claim or label version was withdrawn.
  • Do not assume that prompt correction eliminates penalties; the source text treats correction and punishment as different tools.
Recommended next step

Turn Green Claims penalty risk into a claim file

This Green Claims page helps document claim ownership, substantiation, corrective actions, and penalty-relevant facts without inventing final-law fine amounts.

Section 4

Maximum-fine language is proposal-stage and changed in Council

The Commission proposal included a rule for fines imposed under Article 21 of Regulation (EU) 2017/2394: Member States would have to make the available maximum at least 4% of the trader's annual turnover in the Member State or Member States concerned. The text sets a floor for the statutory maximum in those coordinated consumer-protection cases. It does not require an authority to impose a 4% fine, and it does not apply that figure automatically to every unsupported claim.

The Council general approach deletes the Commission proposal's detailed Article 17(3) package from its negotiating text. It keeps the requirement for effective, proportionate, and dissuasive national penalties and makes the listed assessment criteria indicative and non-exhaustive. Only the Commission proposal contains the 4% wording.

  • The Commission proposal would set the available maximum at no less than 4% of annual turnover for fines imposed under CPC Regulation Article 21.
  • Authorities would retain discretion over the fine imposed; the text does not set a 4% minimum fine or an automatic fine for every unsupported claim.
  • The Council general approach keeps national penalty rules and indicative, non-exhaustive criteria while deleting the Commission's detailed Article 17(3) package.
  • Neither negotiating text establishes final national fine amounts or exact fine ranges for particular claim types.
Section 5

Who can be exposed to enforcement

Under the Council negotiating text, responsibility would depend on the actor and the infringement defined by future national implementing law. The trader generating an explicit environmental claim is central for substantiation; an environmental labelling scheme owner could be addressed for a non-compliant scheme or label; and a trader displaying a label could be required to correct communication failures.

Retailers or distributors that merely replicate existing claims are treated differently from traders that generate claims, but the Council recitals also note that corrective measures may be required from retailers once misleading practices have been established under the Unfair Commercial Practices Directive framework.

  • Map each claim to the trader that generated it, not only to the sales channel where the consumer sees it.
  • For labels, distinguish the scheme owner, the label itself, and the trader displaying the label.
  • For retailer pages and marketplaces, preserve evidence showing whether the seller generated the claim or exactly replicated a claim supplied by another actor.
  • If a business-to-business claim is repeated in consumer marketing, assess the consumer-facing publication under the applicable UCPD and national rules.
Section 6

What to keep in a penalty-readiness file

A Green Claims penalty-readiness file should not guess fines. For planning against the draft texts, preserve the facts that proposed Articles 15 and 17 make relevant: the claim text, where it appeared, who generated or displayed it, substantiation status, verifier or certificate status where applicable, detected non-compliance, corrective action, mitigation, economic benefit if it can be determined, and cross-border footprint.

Use that evidence to answer three separate questions: whether the claim is non-compliant, what corrective measure is appropriate, and what penalty criteria a competent authority may consider.

  • Claim version history with screenshots or exports from packaging, ads, websites, marketplaces, and labels.
  • Owner map for the trader generating the claim, label scheme owner, label-displaying trader, retailer, distributor, and verifier where relevant.
  • Substantiation and communication assessment against the proposal requirements and any certificate or verifier record.
  • Corrective-action log showing withdrawal, relabelling, advertising edits, website corrections, and consumer-facing remediation.
  • Penalty-factor memo covering gravity, extent, duration, intent or negligence, mitigation, economic benefit, previous infringements, and cross-border penalties where known.
Primary sources

References and citations

eur-lex.europa.eu
Referenced sections
  • The proposal grounds regular checks, infringement evaluation, complaints, corrective action, and penalty criteria for explicit environmental claims.
"regular checks"
data.consilium.europa.eu
Referenced sections
  • Council Articles 14, 15, and 17 ground the evidence categories: documents, corrective measures, mitigation, benefits, prior infringements, and cross-border penalty information.
"any relevant documents"
eur-lex.europa.eu
Referenced sections
  • Article 4 requires Member States to apply their implementing measures from 27 September 2026.
"They shall apply those measures from 27 September 2026."
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