Old Stock under the EmpCo Directive: Is there an official deadline for selling it off?

27 September 2026 is approaching. For many companies, this raises a very practical question: What happens to goods, packaging and labels that have already been produced and contain sustainability claims or sustainability labels, but may not fully comply with the new requirements of the EmpCo Directive?

In recent months, there has been considerable uncertainty about how authorities will deal with remaining old stock. A few days before the deadline, the German Bundestag passed a special provision for certain existing goods through a temporary amendment to §15b of the Unfair Competition Act (UWG).

What does the CPC Common Understanding say?

A joint “Common Understanding” by the Consumer Protection Cooperation Network (CPC), the network of national consumer protection and market surveillance authorities from all EU Member States, provides greater clarity on implementation. Published in June 2026, the document provides national consumer protection with a common, pragmatic framework for dealing with so-called “Old Stock Situations”. Importantly, the document is neither a legal provision nor a legally binding interpretation of the EmpCo Directive.

Is there an official clearance period?

The statement clarifies: There is no official EU-wide clearance period. At the national level, however, transitional provisions for physical goods already exist; for example, Austria granted a three-year period for the sale of existing inventory at an early stage. On September 24, 2026, the German Bundestag also adopted a corresponding special provision for packaging of goods placed on the market before September 27, 2026, limiting the sales period to two years. With the addition of the new § 15b UWG, companies are granted a special provision under which a more rigorous proportionality test applies on a case-by-case basis. Measures already taken to comply with the regulations, as well as the associated costs and environmental impacts, must be taken into account.

The corresponding provision for physical existing stock in §15b UWG is set to expire on September 27, 2028. Nevertheless, it is clear that there is no special provision for goods that are newly produced, ordered, or placed on the market on or after the effective date.

What does this mean for companies?

The European consumer protection authorities have not announced a rigid approach. Instead, they describe the factors that national enforcement authorities should take into account when exercising their discretion.

The specific circumstances of each individual case should be taken into accoun, such as:

• existing stock levels
• ongoing production cycles
• the practical feasibility of implementing adjustments

However, it remains crucial that companies are already actively working to implement the new requirements and document their actions in a transparent manner.

Why action is needed now

Interpreting the CPC Common Understanding and the newly enacted § 15b UWG as a kind of “free pass” for existing packaging would be misleading.

The forced destruction or recall of goods is expressly discouraged where alternative solutions are available. At the same time, however, the statement emphasises that companies should take compliance measures without delay. §15b UWG does not grant a blanket sell-off period. However, as part of the required balancing of interests, a specific sell-off period for certain products may be proportionate in individual cases; that is, the severity of the legal violation, the efforts undertaken to remedy the violation, and the costs and environmental impacts associated with remedying the violation are taken into account.

How should existing packaging be handled?

The document lists possible measures such as:

• corrective solutions such as stickers or overlabelling
• additional information at the point of sale, such as displays or hangtags
• documentation of all measures taken, including timelines: What volumes remain? Why could the products not yet be repackaged? What transitional solution is being used? When will new goods be compliant?

Digital content is a particular focus, as it can generally be changed at short notice, unlike packaging that has already been produced. It is explicitly not covered by §15b of the German Unfair Competition Act (UWG).

Practical tips until 27 September 2026

Recommendations for companies that currently still have stock containing environmental or sustainability claims:

1. Identification: What is being communicated where?
   Review all communications with regard to whether the claims made can be substantiated.
2. Prioritisation: What can be changed quickly?
   Websites, social media content and digital advertising materials should be prioritised for revision ahead of packaging. Similarly, key products and brands should be updated first, followed by the gradual adaptation of further products.
3. Sell-through: How much stock remains?
   Determine how much stock will still be in storage or distribution after 27 September 2026 and how corrections can be made. Depending on the product category, stickers, overlabelling, hangtags or supplementary information may offer practical solutions.
4. Document decisions:
   Companies should keep a clear record of when risks were identified, which measures were decided upon and how the transition is being implemented. Thorough documentation can play an important role in any subsequent assessment under §15b UWG.