EU Empowering Consumers Directive
What is the EU Empowering Consumers for the Green Transition Directive?
The EU Empowering Consumers for the Green Transition Directive (ECD) is part of the European Union’s Green Deal and is a consumer protection law that had to be transposed into national law of member states by 27 March 2026. The implementation period has been six (6) months, meaning that all changes become fully binding from 27 September 2026. The ECD aims to eliminate unsubstantiated environmental and social claims in the EU market. Specifically, it prohibits the use of sustainability labels that are not backed by third-party certification programs that meet specific criteria. The goal is to help consumers make more informed purchasing decisions and thus contribute to more sustainable consumption patterns. The ECD will apply to the EEA (EU member states plus Iceland, Liechtenstein and Norway).
How does BAP meet the ECD requirements for certification schemes?
The ECD defines a “certification scheme” as “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 and meet [certain] criteria.”
Under this definition, BAP is considered a certification scheme as it is a third-party certification program that allows use of its label. All BAP standards are publicly available.
The ECD requires certification schemes to meet the following criteria:
Criterion 1
“The scheme is open under transparent, fair and non-discriminatory terms to all traders willing and able to comply with the scheme’s requirements.”
How BAP complies: The BAP program is open to all aquaculture facilities who can comply with BAP standards. In addition:
- All BAP standards are publicly available on our website
- Program standards are developed through an independent process including technical committees and a third-party Standards Oversight Committee (SOC) made up of one-third academia, one-third industry and one-third NGOs
Criterion 2
“The scheme’s requirements are developed by the scheme owner in consultation with relevant experts and stakeholders.”
How BAP complies: BAP standards are developed by unique, third-party technical committees (TCs) specialized in the species groups or production processes unique to the scope of that standard. As part of this process, each standard is reviewed, revised and voted upon by its respective TC, which is composed of technical experts and representatives of those groups interested in or affected by the standards. The standards drafted by each committee then go to the Standards Oversight Committee (SOC), a separate entity from Global Seafood Alliance (GSA) that is comprised of one-third academia, one-third NGOs, and one-third industry and advises on all our certification standards. The SOC approves both TC leadership and the standards drafted. The current members of the SOC can be viewed on this page. In addition, all BAP standard updates are open for a 60-day public comment period for stakeholder review and feedback.
Criterion 3
“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 schemes requirements.”
How BAP complies: BAP has clear requirements to address non-conformities. Non-conformities found during the audit must be addressed by the facility to attain certification (this is not the same for all aquaculture certification programs). Non-conformities identified outside of the audit are handled by the GSA Program Integrity department. An overview of how the complaints, disputes and appeals process works for certified facilities is available here.
Criterion 4
“The monitoring of the 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 trader are based on international, Union [EU] or national standards and procedures.”
How BAP complies: BAP audits are conducted annually by third-party certification bodies (CBs) and GSA/BAP do not play any role in determining whether a facility passes or fails its audit. To be recognized by BAP, CBs must be accredited under ISO/IEC Guide 17065, an international standard specifying requirements for bodies certifying products, processes and services, as expressly referenced in the ECD. This ensures that CBs operate in a competent, consistent and impartial manner.
Guidance on Making Claims
The ECD requirements prohibit the use of generic environmental claims. This means that any claims made about products from BAP-certified facilities must be specific, clear, accurate and substantiated on the same medium. Here are some recommended claims that meet the ECD requirements:
Short copy (for on product packaging):
Products carrying the BAP label come from producers that have been independently certified to BAP aquaculture standards. bapcertification.org
Medium copy (for websites and marketing materials):
We’ve partnered with Best Aquaculture Practices (BAP), a third-party aquaculture certification program developed by the Global Seafood Alliance (GSA). BAP standards address the four key areas of responsible seafood: environmental responsibility, social accountability, food safety and animal health and welfare. BAP standards cover the entire farmed seafood production chain, including the processing plant, farm, hatchery and feed mill. Learn more at bapcertification.org.
Long copy (for responsible sourcing policies or reports):
We’ve partnered with Best Aquaculture Practices (BAP), a third-party aquaculture certification program developed by the Global Seafood Alliance (GSA), an international non-profit organization dedicated to advancing responsible seafood practices worldwide through education, advocacy and certification. BAP standards cover the entire aquaculture production chain, including the processing plant, farm, hatchery and feed mill. BAP standards address the four key areas of responsible seafood: environmental responsibility, social accountability, food safety and animal health and welfare. Look for the blue BAP label to know that producer has been independently certified. Learn more by visiting bapcertification.org.
Frequently Asked Questions
Does this affect non-EU/EEA markets?
The ECD does not affect non-EU/EEA markets. For companies who do not use the BAP label in the EU/EEA market, including on packaging of any products offered and/or advertised in the EU/EEA market, there is no need to make any immediate changes.
What is changing?
The BAP label as it has been used on product packaging is staying the same. Any associated claims that accompany the BAP label, whether on pack or off, must adhere to these requirements if being used in the EU/EEA market.
What is the transition timeline for using the updated claims?
Companies communicating with consumers within the EU/EEA are advised to ensure that any claims made on pack and in marketing materials adhere to the new requirements by the effective date of 27 September 2026. This applies to newly manufactured products as well as existing products.
Who does this apply to?
All consumer-facing products that carry the BAP label or companies that make a claim about BAP both on product packaging and off pack in consumer-facing marketing materials, websites and other commercial communication.
Can I use the words “sustainable” or “responsible” in claims?
If not properly substantiated, using the words “sustainable” or “responsible” on consumer-facing products or in marketing materials qualify as generic environmental claims and the use is therefore prohibited. In some EU/EEA member states, enforcement may be particularly strict. We recommend using the above suggested claims to ensure compliance.
Contact Us
If you have any questions about how you can use the BAP label or what claims you can use, email us at logos@globalseafood.org.
