Shortly before the new EmpCo requirements take effect, the German Bundestag has adopted a protective measure for goods already placed on the market. For over a year, the German Printing and Media Industries Federation (BVDM), alongside other business associations, had strongly advocated for a practical solution regarding existing stock.
The new EmpCo requirements for environmental and sustainability communication apply from September 27, 2026. For companies, this entails significantly stricter standards for relevant claims, seals, and labels. One key question remained unresolved until the last moment: what happens to products that have already been manufactured and placed on the market, but whose labeling will no longer comply with the new regulations? The Bundestag has now provided a measure of relief here. For goods placed on the market before September 27, 2026, the principle of proportionality is to be given special consideration in the event of formal warnings or actions for injunctive relief up until September 26, 2028. This aims to prevent disproportionate consequences for goods that have already been produced and distributed.
“With this decision, the legislature acknowledges the practical challenges faced by companies. Especially for products with long production, storage, and marketing cycles, destroying usable goods or packaging cannot be the solution,” explains Kirsten Hommelhoff, CEO of the BVDM. “The new regulation creates important flexibility while simultaneously helping to prevent avoidable environmental impact caused by the destruction and replacement of goods that have already been produced.“
Long lead times and marketing periods that can span several years are particularly relevant for the printing industry—for instance, in the case of books, catalogs, brochures, or other durable printed products. Packaging that has already been distributed may also be affected. The regulation constitutes neither a blanket exemption from the new requirements nor a general sell-off period; instead, a case-by-case assessment is conducted to determine whether enforcing a claim for injunctive relief is proportionate.
BVDM
The Bundesverband Druck und Medien e. V. (BVDM) is the umbrella organization for the German printing industry. Acting as an employers’ association, a political business association, and a technical trade association, it represents the printing industry’s positions and objectives vis-à-vis policymakers, public authorities, trade unions, and the supplier industry. The BVDM is supported by eight regional associations. At the international level, it operates through its membership in Intergraf and FESPA. The printing industry currently comprises around 6,300—predominantly small and medium-sized—enterprises employing more than 99,000 people subject to social security contributions.
