Spain

Status of the current legislative process

No draft implementation has been published yet. There are currently no further information available with regards to the timeline.  

Link to the draft (if available) 

N/A

Does the implementation go beyond EmpCo requirements? 

N/A

Are there any comments from relevant authorities on the interpretation or enforcement of the national implementation?  

N/A

Will the national implementation be applied in a Business-To-Business (B2B) context? 

N/A

Is there a green claims guide/guidance in your country? 

In March 2024 the Spanish Ministry of Consumer Affairs published a ‘Guide to Sustainable Communication’ (https://www.dsca.gob.es/sites/default/files/prensa/guia-sostenibilidad-INTERACTIVA.pdf), intended for use by businesses to facilitate the development of appropriate sustainable communication policies, providing guidelines for the proper inclusion of environmental information in marketing strategies and advertising campaigns.  

What are the sanctions and penalties?  

There is no draft available yet, but the Unfair Competition Act in Spain currently applies product withdrawal, transfer, etc. sanctions, and damages under the Unfair Competition Act (arts. 30 et seq). In addition, an infringement of consumer protection may result in a fine of between EUR 150 and EUR 10,000, with the possibility of exceeding these amounts up to 2x- 4x times the unlawful profit obtained. 

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.

A draft implementation is not yet available.