Portugal

Status of the current legislative process

No draft implementation has been published yet. 

There is no reference to (i) legislative acts aimed at transposing the Directive, (ii) working groups established for its transposition, (iii) public consultations on the matter, nor (iv) draft legislation under public discussion. There is currently no further information available with regards to the timeline.

Link to the draft (if available) 

N/A

Does the implementation go beyond EmpCo requirements? 

N/A

Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?  

No

Will the national implementation be applied in a Business-To-Business (B2B) context? 

Although the draft implementing decree is not yet available (nor any underlining guidelines), considering previous local implementation experiences in related matters, it is likely that implementation will include B2B scenarios, in line with existing provisions on unfair commercial practices and unlawful advertising, also protecting both consumers and companies. 

Notably, in relations between companies, commercial practices that contain false information or that, even if factually correct, for any reason, namely their general presentation, mislead or are likely to mislead, are misleading thus forbidden, under the law – including under the general principles of the Advertising Code.

Is there a green claims guide/guidance in your country? 

Currently there are no specific guidelines or orientations explicitly addressing greenwashing in Portugal (including by consumer protection agencies, codes of conduct or technical guidance). 

However, environmental claims and misleading environmental marketing practices fall under the general framework for unfair commercial practices, as well as the general principles applicable to unlawful advertising (cfr. Decree Law 57/2008 - Unfair Commercial Practices and the Advertising Code); hence the general principles and rules may apply. 

What are the sanctions and penalties?  

There are no specific sanctions applicable to greenwashing. General rules on unfair commercial practices and unlawful advertising apply; hence breach constitutes a serious economic offence, punishable with fines ranging from a minimum of €650 up to a maximum of €24 000, depending on the type of the offender. Additional penalties and injunctions may apply. 

Does the national implementation answer the following questions:  

(1) whether sustainability labels can take the form of text; 
(2) whether generic environmental claims can be used or are they banned unless you have recognised excellent environmental performance; 
(3) whether GHG impact claims based on GHG offsets are banned only if offsets are the sole basis, or even if offsets and GHG reductions are combined.

N/A