Spain
Status of the current legislative process
A draft implementation of the Sustainable Consumption Act (Anteproyecto de Ley de Consumo Sostenible) is currently in the "hearing" phase – expected to come into force between July and September 2026.
Link to the draft (if available)
Does the implementation go beyond EmpCo requirements?
The Anteproyecto indeed implements the EmpCo requirements, though it also covers other sustainability aspects (for instance, stimulation of demand and supply of more sustainable products, i.e. prohibition of publishing short flights when there is a less polluting alternative or advertising fossil fuels and more polluting vehicles).
Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?
The consultation process for the Anteproyecto reveals active but fragmented participation by both public authorities and businesses, seeking harmonisation and greater rigour in the verification and sanctioning of environmental claims. This is all part of an administrative proceeding which, although it formally complies with the requirements of transparency and participation, still requires specialised expert reports from the competent bodies.
Will the national implementation be applied in a Business-To-Business (B2B) context?
No. The Anteproyecto is designed exclusively to regulate Business-to-Consumer (B2C) relationships, establishing a framework for the protection of consumers in their transactions with business owners and professionals. The duties, rights, and protections established do not extend to commercial relationships between businesses (B2B).
Is there a green claims guide/guidance in your country?
In March 2024 the Spanish Ministry of Consumer Affairs published a ‘Guide to Sustainable Communication’ (link here), intended for use by businesses to facilitate the development of appropriate sustainable communication policies, providing guidelines for the proper inclusion of environmental information in marketing strategies and advertising campaigns.
What are the sanctions and penalties?
There is no draft available yet, but the Unfair Competition Act in Spain currently applies product withdrawal, transfer, etc. sanctions, and damages under the Unfair Competition Act (arts. 30 et seq). In addition, an infringement of consumer protection may result in a fine of between EUR 150 and EUR 10,000, with the possibility of exceeding these amounts up to 2x- 4x times the unlawful profit obtained.
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.
(1) Yes, sustainability labels can take the form of text. Environmental claims may be “presented in any form, including textual, pictorial, graphic or symbolic representations, such as badges, brand names, company names or product names in the context of commercial communication”.
(2) Generic environmental claims are banned unless excellent environmental performance can be demonstrated. Generic environmental claims are banned unless the business owner can “demonstrate excellent recognised environmental performance that is relevant to the claim”.
(3) Claims are banned when they are based on offsets, regardless of whether they are combined with actual reductions. The rule prohibits “claiming, based on greenhouse gas emissions offsets, that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions”.
