Following the entry into applicability of the Empowering Consumers Directive on 27 September, the Commission has published an updated FAQ with answers to common questions.

We are happy to note that some of the questions we asked the Commission were also included. The clarification on the leniency approach (=Common Understanding) on existing stock that we pushed for together with other industry associations was also included.

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Notable clarifications:

• ‍CSRD disclosures and annual sustainability reports: They will sit outside scope, as they are directed at investors. However, if they are then used in consumer advertising, the Directive applies to that advertising.‍
• Sustainability labels and certification schemes: Clarification on requirements. The scheme owner and the monitoring body must be separate legal entities.‍
• Treatment of existing stock: Practical solutions were provided, including stickering over claims or including more information at the point of sale. Enforcers may be more lenient on existing stock compliance and take into account reasonable and proportionate efforts to comply.

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