Ahead of 27 September 2026 — the date of application of the ECGT (Empowering Consumers for the Green Transition) Directive (EU) 2024/825, transposed in Italy by legislative decree No 30/2026, on environmental claims — operators in the agri-food supply chain find themselves having to manage non-compliance risks linked to residual stocks of packaging printed at an earlier time.
The recent common understanding agreed by the European enforcement authorities (CPC Network) outlines a pragmatic enforcement approach geared towards progressive compliance, allowing flexible corrective solutions — such as the application of stickers or the display of corrective information at points of sale — to avoid the disproportionate destruction of pre-existing packaging.
Since the assessment of such corrective measures will be carried out on a case-by-case basis, the burden of proof and the structuring of a proactive strategy rest entirely on the operator: for this reason, the FARE division of WIISE S.r.l. benefit company offers an ecosystem of integrated legal and technical services designed to guide businesses towards an orderly and coherent corporate transition.
Common understanding on old stock
The European Commission has published the common understanding reached between the national competent authorities that are part of the Consumer Protection Cooperation (CPC) Network, under Regulation (EU) 2017/2394, to address in a coordinated manner the application of the ECGT Directive in its early stage.
The CPC Network cannot offer a legally binding interpretation of common law, which lies exclusively with the European legislator and the Court of Justice, and the aforementioned agreement does not take the form of a formal position. It nevertheless sets out a non-exhaustive set of principles intended to provide a pragmatic approach to the treatment of packaging stocks.
Principles for the treatment of old stock
Traders must comply with the provisions of the ECGT Directive without undue delay, bearing in mind that the earlier provisions of Directive 2005/29/EC (Unfair Commercial Practices Directive, UCPD) already covered environmental claims (see Commission Notice 2021/C 526/01).
Authorities may take a phased approach in cases where pre-existing stocks give rise to genuine and specific transitional difficulties in the early stages of application of the ECGT Directive. In determining the appropriate enforcement treatment (to be assessed on a case-by-case basis), national competent authorities may take into account objective practical constraints, such as:
- packaging cycles and the rotation of products and their packaging;
- stock volumes;
- prior production or purchase orders;
- supply-chain dependencies and relationships with suppliers;
- the shelf-life of products;
- the technical feasibility and proportionality of corrective measures.
The exact duration of such a transitional period cannot be determined, as it may depend on a range of specific circumstances, as outlined above. Whereas, for instance, short-lived products may hardly be affected by transitional difficulties, for longer-lived products this process may take longer. Such an assessment will need to be carried out by the national competent authorities, taking into account the specific circumstances of each case.
National competent authorities may refrain from requiring the destruction or recall of products as a corrective measure by traders in order to address genuine and specific transitional issues relating to environmental claims or sustainability labels in old stock situations. More generally, authorities may consider a measure unreasonable and disproportionate where that measure would create disproportionate costs or unnecessary environmental harm (linked also, for instance, to the need to destroy packaging).
The actions that national competent authorities may require of traders, to ensure the fullest compliance with the ECGT Directive by 27 September 2026, are:
- removing or correcting online claims;
- updating advertising and promotional materials;
- adapting future packaging and new orders;
- using stickers, removing labelling or adopting similar corrective solutions, where appropriate and feasible;
- displaying corrective information at the point of sale, including online, where appropriate and feasible;
- coordinating with suppliers and other actors in the supply chain;
- keeping records showing the measures taken and their timing, including internal compliance policies, substantiation work or other compliance initiatives, where relevant.
Overall, national competent authorities may assess individual cases, prioritise and sequence enforcement actions according to the gravity of infringements and the specific circumstances of each case.
In justified cases concerning pre-existing stocks that bring about genuine and specific transitional issues, national competent authorities may favour a compliance-oriented rather than a sanction-oriented approach, especially during the early stages of application.
Depending on the case, this approach may include: awareness-raising on the new provisions; guidance and clarifications for traders; requests for information and evidence, where necessary; requests for corrective action with a reasonable timeline for adaptation and implementation.
Questions and answers on the application of the ECGT Directive
The European Commission‘s questions and answers on the application of the ECGT Directive contain some clarifications on the management of old stocks of packaging and labels.
The measures to be taken by traders may include covering or correcting the claims by means of stickers or adding supplementary information at the point of sale (as also indicated in the CPC Network‘s common understanding).
The national competent authorities retain, in any event, decision-making and operational powers in handling any non-compliance with the ECGT Directive.
Provisional conclusions
No derogation from the application of Directive (EU) 2024/825 is envisaged, as this would have required the adoption of a dedicated transitional period by the European legislator. The common understanding established between the national competent authorities of the CPC Network nonetheless clarifies the arrangements for the appropriate management of old packaging stocks bearing environmental claims.
Corrections may be made to labels (e.g. the application of stickers) capable of preventing the provision of misleading information to consumers.
In the absence of regulatory provisions and official communications (e.g. circulars), traders may consider the possibility of engaging with the competent authority, submitting the relevant information defined in the common understanding, to demonstrate their willingness to introduce (and to have already introduced) corrective actions to resolve the non-conformities identified, such as environmental claims not compliant with the ECGT Directive.
FARE’s support: turning compliance into a strategic asset
For operators in the agri-food supply chain, managing this transition requires a delicate balance between legal expertise and technical solutions for product and packaging stabilisation. The FARE (Food and Agriculture Requirements) division of our benefit company WIISE S.r.l. supports businesses in the sector with a comprehensive ecosystem of integrated services to mitigate the risks associated with the new environmental claims:
- audits of online and offline commercial information, including packaging, with in-depth analysis of warehouse stocks to map claims at risk of sanction and plan appropriate de-branding or graphic transition;
- preparation of the internal compliance register: assistance in drawing up and keeping records of the corrective actions undertaken;
- corrective solutions: advice on the feasibility of low-tech interventions (e.g. over-labelling, stickers) without compromising the stability and traceability of product technical specifications;
- risk prevention and management: proactive engagement with the competent authorities and preparation of contingency plans to protect the reputation of organisations and their brands.
Book a free orientation session
The FARE team, led by the writer, offers operators in the agri-food sector a free initial orientation meeting (up to 30 minutes) to analyse specific business needs and structure a compliance roadmap ahead of 27 September. For information and contacts: www.fareagrifood.com.
Dario Dongo
Regulatory references
Decreto legislativo 6 settembre 2005, n. 206. Codice del consumo, a norma dell’articolo 7 della legge 29 luglio 2003, n. 229. Consolidated text: 15/05/2026. https://www.normattiva.it/eli/id/2005/10/08/005G0232/CONSOLIDATED
Common understanding on old stock situations under Directive (EU) 2024/825 on Empowering Consumers for the Green Transition. 30/06/2026. https://commission.europa.eu/document/264d8c70-2f9a-4955-8e7b-154d55a9b684_en
Commission Notice – Guidance on the interpretation and application of Directive 2005/29/EC of the European Parliament and of the Council concerning unfair business-to-consumer commercial practices in the internal market (C/2021/9320). https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52021XC1229%2805%29
Decreto legislativo 20 febbraio 2026, n. 30. Attuazione della direttiva (UE) 2024/825 del Parlamento europeo e del Consiglio, del 28 febbraio 2024, che modifica le direttive 2005/29/CE e 2011/83/UE per quanto riguarda la responsabilizzazione dei consumatori per la transizione verde mediante il miglioramento della tutela dalle pratiche sleali e dell’informazione. https://www.normattiva.it/eli/id/2026/03/09/26G00047/ORIGINAL
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market (Unfair Commercial Practices Directive). Consolidated text: 27/09/2026. http://data.europa.eu/eli/dir/2005/29/2026-09-27
Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024 amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information. http://data.europa.eu/eli/dir/2024/825/oj
Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004. Consolidated text: 12/09/2025. http://data.europa.eu/eli/reg/2017/2394/2025-09-12
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
