Belgium

Relevant legislation or guidelines

• Articles VI.93 to VI.100 of the Economic Law Code (ELC) which addresses unfair commercial practices.
• The Environmental Advertising Code.
• Guidelines on environmental claims, issued by the FPS Economy.

Is there any upcoming relevant legislation or guidelines?

No

Who are the responsible authorities or bodies?

Federal Public Service of the Economy (SPF Economy).

What are the enforcement measures?

• Misleading green claims may be considered as unfair commercial practices within the meaning of Articles VI.93 to VI.100 of ELC. Such infringement is , subject to level 2 sanctions, that consist in penalties in the ranges between EUR 208 toà EUR 80,000 or up to 4% of the annual turnover.
• Aforementioned sanctions are of criminal nature. In practice, the competent authority will usually first issue a notice to the infringing party. It may decide to propose a settlement (proposal of an amount the voluntary payment of which excludes criminal proceedings).
• There is however always a possibility of bringing offences to the attention of the competent public prosecutor with a view to criminal proceedings.

Who can pursue infringements?

• All competitors
• Certain associations
• Individuals
• SPF Economy

What are the general rules of thumb for green claims?

• Green claims may not be misleading,
• Greens claims have to be proportionate; the promise must not be excessive and must not lead the consumer to believe that the product is more environmentally friendly than it actually is, or even that it no longer has any impact on the environment.

Do green claims need to be substantiated by evidence?

Yes, the business operator has to hold evidence that the green claim is true. It must be adequate and appropriate and demonstrate the performance of the product by means of scientifically recognised tests or methods and a life cycle analysis of the product.

In concrete terms, it is required to:

• hold documentary evidence based on factual information, generally accepted by scientific standards, that is current, and updated as necessary; and
• keep a file available for the inspection by the competent authorities services and the general public. The file should containing all evidence supporting the claims used.