Munich/Bonn, April 15, 2025
SKW Schwarz has supported Forest Stewardship Council (FSC®), one of the world's largest certification systems for sustainable forest management, in implementing the requirements of the EU directive on empowering consumers for the green transition for the FSC labelling scheme.
A team of experts from SKW Schwarz with expertise in the areas of sustainability communication, competition law, and green claims has reviewed FSC's established certification system in detail with regards to compliance with the Empowering Consumers Directive (EmpCo; Directive (EU) 2024/825). This ensures that FSC can continue to enable its customers to label and advertise forestry-based products made from materials such as wood, paper and rubber, which originate from sustainable forest management in accordance with FSC's high standards, with transparent, clear sustainability labels and environmental claims in a legally compliant manner.
The EmpCo Directive, which will also apply at a national level from 2026, will increase the legal requirements for environmental and sustainability statements in corporate communications throughout the EU. Generic environmental claims without explanation or specification will no longer be possible; (specific) environmental claims must be explained in detail. Sustainability labels must be based on a certification scheme that is open, transparent and non-discriminatory and whose requirements are monitored by independent third parties.
FSC already uses a comprehensive system of numerous publicly accessible standards and checks to ensure that its labels are only applied to products that demonstrably comply with the principles of responsible forest management.
Nevertheless, it was necessary to have the processes for awarding the label by FSC reviewed to ensure that they also meet the new requirements of the EmpCo Directive.
“In selecting a legal partner, FSC sought a firm with not only the technical expertise but also a deep understanding of our industry; qualities that SKW Schwarz clearly demonstrated. Their ability to navigate the complexities of our certification system, combined with their tailored guidance, has been invaluable,” says Ana-Maria Băban, Commercial Director of FSC.
Dr. Daniel Kendziur, Partner at SKW Schwarz, explains: “As one of many certification schemes that are important for the environment, FSC addressed the important issues associated with EmpCo at an early stage. We are pleased that we were able to support FSC in strategically aligning the certification system with the future legal framework so that FSC and its customers can continue to successfully promote sustainability and forest management.”
About SKW Schwarz
SKW Schwarz is an independent law firm with around 120 lawyers, four offices and a common claim: We think ahead. As a member of TerraLex, the law firm is globally networked and advises in all relevant areas of commercial law. Including in an area that is particularly important for companies: the future. We analyze, create clarity and advise today in the key legal areas of tomorrow.
About the Forest Stewardship Council™ (FSC®)
FSC is a non-profit organization that provides a proven sustainable forest management solution. Currently, over 150 million hectares of forest worldwide is certified according to FSC standards. It is widely regarded as the most rigorous forest certification system among NGOs, consumers, and businesses alike to tackle today’s deforestation, climate, and biodiversity challenges. The FSC forest management standard is based on ten core principles designed to address a broad range of environmental, social and economic factors. FSC’s “check tree” label is found on millions of forest-based products and verifies that they are sustainably sourced, from forest to consumer. For more information, visit www.fsc.org.