Czech Republic
Status of the current legislative process
A draft to implement the EmpCo has been published.
The draft is yet to be approved by the government before its submission to the Czech Parliament.
Provisions transposing the EmpCo are proposed to come into effect until 27 September 2026. However, delays or changes to the draft can be expected due to the upcoming parliamentary election.
Link to the draft (if available)
In Czech only:
Does the implementation go beyond EmpCo requirements?
No
Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?
Yes
The explanatory memorandum draft is available. The explanatory memorandum (https://www.zakonyprolidi.cz/media2/file/2506/File76658.pdf?attachment-filename=8065410-2025-05-29-duvodova-zprava-8092245.pdf) is not binding per se, however is commonly used in interpretation of the underlying statutory text.
Will the national implementation be applied in a Business-To-Business (B2B) context?
No*
*However, certain practices related to the EmpCo could be considered unfair competition under the rules set forth by the Czech Civil Code, which applies in B2B as well, such as misleading green labelling or advertising.
Is there a green claims guide/guidance in your country?
No
What are the sanctions and penalties?
Violations of the new provisions are proposed to constitute an administrative offense punishable by fine up to CZK 5 million (approximately EUR 202,000).
In case of enforcement in relation to art. 21 of the regulation 2017/2394, the fine may be imposed up to 4 % of the aggregate annual turnover of the seller. If such information is not available, up to 50,000,000 CZK (EUR 2,027,075)
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.
(i) Sustainability labels can also be text provided that they are based on certification systems or recognized by public authorities.
(ii) Generic claims are banned unless backed by recognized excellent environmental profile, (e.g. EU Ecolabel, the label "environmentally friendly product / service", labels in accordance with Regulation 66/2010, and/or EN ISO 14024, Type I.
(iii) GHG offset-based claims (e.g. "climate neutral") are banned if they rely solely on offsets. Such claims could be permissible if they cannot be construed as misleading, i.e. if these effects were proven in relation to the specific seller’s products, services, or activities.
