Joint Sejm committees have proposed that the Polish provisions implementing the EmpCo Directive apply from September 27, 2027—one year later than provided for under EU law. According to Agnieszka Trzaska-Śmieszek, attorney at law, a partner at KKG Legal, and head of the Competition and Consumer Protection Practice, a general postponement of the entire bill raises serious legal concerns.
Two Deadlines for Implementing the EmpCo Directive
Member States were required to adopt and publish national provisions implementing the directive by March 27, 2026. Those provisions are to apply from September 27, 2026.
Poland failed to meet the initial deadline, and the bill was submitted to the Sejm on July 10, 2026. The proposed amendment therefore does not extend the transposition deadline—which has already passed—but postpones the application of the Polish regulations for another year.
Why does the postponement raise concerns?
The additional time would allow businesses, among other things, to update their packaging and promotional materials, sell off accumulated inventory, and adjust their compliance procedures.
As the author points out, these problems are real, but they do not give a Member State the authority to unilaterally change the deadline specified in the directive. A general postponement could undermine the EU’s timeline as well as the principles of loyal cooperation and the effectiveness of EU law. The final assessment, however, would rest with the EU institutions and, in the event of a dispute, with the Court of Justice of the European Union.
A more proportionate approach might be to establish precise and time-limited transitional provisions concerning specific inventories, previously prepared packaging, or products already placed on the market.
Postponement Does Not Mean No Liability for Greenwashing
Regardless of the bill’s future, businesses should continue to verify environmental claims, product labels, and procedures for approving marketing communications. Current regulations already prohibit practices that mislead consumers, including false or misleading information about the environmental characteristics of products and services.
A full analysis by Agnieszka Trzaska-Śmieszek is available on the link.