Background

The EU Empowering Consumers Directive (ECD), adopted in March 2024, aims to prevent greenwashing and give European consumers the tools to make informed choices. 

To that end, the legislation, which will enter into application on 27 September 2026, bans a range of practices related to sustainability claims and labels. 

The ECD prohibits companies from making generic environmental claims (e.g., “green”, “eco-friendly”) in written form or orally, including through audiovisual media, unless the evidence underpinning the claim is provided in clear and prominent terms on the same medium (channel of communication).

The ECD will be complemented by the proposed EU Green Claims Directive (GCD), which will set up a verification procedure to make sure environmental claims and labels are legitimate.

Why is it important?

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The ECD will prohibit the use of sustainability labels that are not backed by certification schemes which meet specific criteria, including third-party verification. 

The new EU rules on tackling greenwashing (ECD and GCD) aim to provide opportunities for consumers to make more informed decisions and for responsible businesses to be rewarded for their efforts. 

Credible standards like the RSPO will be key for companies to meet the requirements of this directive and communicate about sustainability to consumers.

Does RSPO meet ECD requirements for recognised certification schemes?

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According to a comparative analysis of the ECD and the ISEAL Code of Good Practice for Sustainability Systems, carried out by ISEAL*:Code compliant members opting for third-party verification [like RSPO] are well equipped to meet the ECD expectations while offering operators/businesses a high level of credibility in claim substantiation.”1


1  * ISEAL is a global membership organisation that supports and strengthens sustainability standards and systems by promoting credible practices and driving positive environmental and social impact. RSPO is a code-compliant member of ISEAL.

 

Requirement 1: “‘certification scheme’ means a third-party verification scheme that certifies that a product, process or business complies with certain requirements, that allows for the use of a corresponding sustainability label, and the terms of which, including its requirements, are publicly available

  • RSPO is a multi-stakeholder initiative and certification system that certifies compliance with defined sustainability standards – RSPO 2024 Principles and Criteria (P&C)/ 2020 Supply Chain Certification (SCC) Standard. Only companies that meet these criteria, verified by an independent Certification Body, can be considered RSPO Certified. The RSPO Certification is therefore a third-party verified certification, relying on a robust assurance mechanism overseen by Assurance Services International
  • Being certified against the RSPO Supply Chain Certification Standard is a prerequisite for using the RSPO  Label.

Requirement 2: “the scheme is open under transparent, fair, and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements”

  • Operating in 105 Countries and territories, the RSPO certification system is accessible to all who are committed to meeting its standards.
  • Criteria are open and freely available in several languages; no fee is required to access the standard requirements and all the relevant documentation.
  • Clear, published rules and categories: RSPO publishes its membership rules, membership categories as well as rights and obligations per category publicly on the RSPO website. This clarity means prospective members know what to expect.
  • Call for comment on membership applications: each applicant is subject to the same application process, including a public consultation in which external parties can provide comments. 

Requirement 3: “the scheme’s requirements are developed by the scheme owner in consultation with relevant experts and stakeholders” .

  • In line with ISEAL requirements, the RSPO has a clearprocedure for standard setting. RSPO Standards and supporting documents are developed through a comprehensive, consensus-driven and transparent process. This includes RSPO multi-stakeholder members participating within the relevant supporting bodies, feedback from the general public and contributions from interested stakeholders through a public consultation.

Requirement 4: “the scheme sets out procedures for dealing with non-compliance with the scheme’s requirements and provides for the withdrawal or suspension of the use of the sustainability label by the trader in case of non-compliance with the scheme’s requirements”.

  • The RSPO has clear rules around non-compliance in case of violations of its standards. Compliance with these standards is checked annually by independent third party Certification Bodies. Summaries of the audit reports are publicly available on the RSPO website. Non-compliances are dealt with using a transparent procedure which provides fixed time lines for the correction of non-conformities, to be re-checked by the Certification Body. The rules for suspension or expulsion of a member as a result of failing to address a non-conformity are publicly available in the document RSPO Certification Systems for Principles & Criteria and RSPO Independent Smallholder Standard.

Requirement 5: “the monitoring of a trader’s compliance with the scheme’s requirements is subject to an objective procedure and is carried out by a third party whose competence and independence from both the scheme owner and the trader are based on international, Union or national standards and procedures”

RSPO Certification is based upon independent third-party audits conducted by Conformity Assessment Bodies (CABs) accredited by Assurance Services International (ASI). ASI is an independent organisation overseeing CABs, ensuring consistent performance. CABs comply with international standards, including the ISO 17065 standard as set out in the ECD. More information on RSPO certification bodies is available here.

Conclusion

Given the above, the RSPO Secretariat is confident that RSPO meets the requirements for certification schemes listed under Article 1.1.b.(r) of the ECD and we welcome this legislation as an opportunity to strengthen the visibility of legitimate, robust sustainability schemes. 

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