S.I. No. 124/2026 - European Union (Empowering Consumers for the Green Transition) Regulations 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd April, 2026.

I, PETER BURKE, Minister for Enterprise, Tourism and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024¹ amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information, and giving further effect to Commission Implementing Regulation (EU) 2025/1960 of 25 September 2025² on the design and content of the harmonised notice on the legal guarantee of conformity and of the harmonised label for the commercial guarantee of durability, hereby make the following regulations:

Part 1

Preliminary and General

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Empowering Consumers for the Green Transition) Regulations 2026.

(2) These Regulations shall come into operation on 27 September 2026.

Interpretation

2. In these Regulations –

“Act of 2007” means the Consumer Protection Act 2007 (No. 19 of 2007);

“Act of 2022” means the Consumer Rights Act 2022 (No. 37 of 2022).

Part 2

Amendment of Act of 2007

Amendment of section 2 of Act of 2007

3. Section 2 of the Act of 2007 is amended, in subsection (1) –

(a) by the substitution of the following definition for the definition of “Directive”:

“ ‘Directive’ means Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005³ concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No. 2006/2004 of the European Parliament and of the Council, as amended by Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024⁴ amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information;”,

(b) by the substitution of the following definition for the definition of “goods”:

“ ‘goods’ has the same meaning as it has in the Act of 2022;”, and

(c) by the insertion of the following definition:

“ ‘goods with digital elements’ has the same meaning as it has in the Act of 2022;”.

Amendment of section 43 of Act of 2007

4. Section 43 of the Act of 2007 is amended, in subsection (3)(b), by the insertion of the following subparagraphs after subparagraph (xiv):

“(xv) its environmental or social characteristics;

(xvi) its circularity aspects, such as durability, reparability or recyclability;”.

Amendment of Act of 2007

5. The Act of 2007 is amended by the insertion of the following sections after section 44A:

“Misleading: environmental claim related to future environmental performance

44B. (1) A commercial practice is misleading if –

(a) it involves the making of an environmental claim related to future environmental performance without clear, objective, publicly available and verifiable commitments set out in a detailed and realistic implementation plan that –

(i) includes measurable and time-bound targets and other relevant elements necessary to support its implementation, such as allocation of resources, and

(ii) is regularly verified by an independent third party expert, whose findings are made available to consumers,

and

(b) the environmental claim would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.

(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.

Misleading: advertising of benefits that are irrelevant

44C. (1) A commercial practice is misleading if –

(a) it involves the advertising of benefits to consumers that are irrelevant and do not result from any feature of the product or business, and

(b) the advertising would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.

(2) In determining whether a commercial practice is misleading under subsection (1), the commercial practice shall be considered in its factual context, taking account of all of its features and the circumstances.”.

Amendment of section 46 of Act of 2007

6. Section 46 of the Act of 2007 is amended –

(a) by the insertion of the following subsections after subsection (3B):

“(3C) Where a trader provides a service, which compares products and provides information to consumers in relation to –

(a) the environmental or social characteristics, or

(b) the circularity aspects, such as durability, reparability or recyclability,

of the products or suppliers of those products, information specified in subsection (3D) shall be treated as material information for the purposes of this section.

(3D) Material information referred to in subsection (3C) for the purposes of this section shall include the following:

(a) the method of comparison of the products;

(b) the products which are the subject of the comparison;

(c) the suppliers of the products;

(d) the measures in place to ensure that the information referred to in this subsection is kept up to date.”, and

(b) in subsection (4), by the substitution of “subsections (3) to (3D)” for “subsections (3) to (3B)”.

Amendment of section 47 of Act of 2007

7. Section 47 of the Act of 2007 is amended by the insertion of “44B, 44C,” after “44A,”.

Amendment of section 55 of Act of 2007

8. Section 55(1) of the Act of 2007 is amended –

(a) by the insertion of the following paragraphs after paragraph (i):

“(ia) making a generic environmental claim, where the trader is not able to demonstrate recognised excellent environmental performance relevant to that claim;

(ib) making an environmental claim relating to an entire product or the trader’s entire business, where the claim concerns only a certain aspect of that product or a specific activity of the trader’s business;

(ic) making a claim, based on the offsetting of greenhouse gas emissions, that a product has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions;”,

(b) by the insertion of the following paragraph after paragraph (k):

“(ka) displaying a sustainability label that is not based on a certification scheme or not established by a public body;”,

(c) by the insertion of the following paragraph after paragraph (p):

“(pa) presenting requirements imposed by any enactment or otherwise imposed by law on all products within the relevant product category on the European Union market as a distinctive feature of the trader’s offer;”,

(d) in paragraph (zb), by the substitution of “products;” for “products.”, and

(e) by the insertion of the following paragraphs after paragraph (zb):

“(zc) withholding information from a consumer about the fact that a software update will negatively impact on the functioning of goods with digital elements or the use of digital content or digital services;

(zd) presenting a software update as necessary, when it only enhances functionality features;

(ze) any commercial communication, in relation to a good containing a feature introduced to limit the durability of the good, despite information on the feature and its effects on the durability of the good being available to the trader;

(zf) falsely claiming that, under normal conditions of use, a good has a certain durability in terms of usage time or intensity;

(zg) presenting a good as allowing repair, when it does not;

(zh) inducing the consumer to replace or replenish the consumables of a product earlier than is necessary for technical reasons;

(zi) withholding information from a consumer concerning the impairment of the functionality of a good when consumables, spare parts or accessories not supplied by the original producer are used, or falsely claiming that such impairment will happen.”.

Part 3

Amendment of Act of 2022

Amendment of section 96 of the Act of 2022

9. Section 96 of the Act of 2022 is amended –

(a) in subsection (1) –

(i) by the substitution of the following definition for the definition of “Consumer Rights Directive”:

“ ‘Consumer Rights Directive’ means Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011⁵ on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council, as amended by Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015⁶ , Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 2019⁷ , Directive (EU) 2023/2673 of the European Parliament and of the Council of 22 November 2023 and Directive (EU) 2024/825 of the European Parliament and of the Council of 28 February 2024⁸ amending Directives 2005/29/EC and 2011/83/EU as regards empowering consumers for the green transition through better protection against unfair practices and through better information;”, and

(ii) by the insertion of the following definition:

“ ‘Sale of Goods Directive’ has the meaning assigned to it by section 10(1);

and

(b) by the insertion of the following subsection after subsection (2):

“(2A) A word or expression used in this Part that is also used in the Sale of Goods Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Sale of Goods Directive.”.

Amendment of section 101 of Act of 2022

10. Section 101 of the Act of 2022 is amended –

(a) by the insertion of the following subsection after subsection (1):

“(1A) Without prejudice to the generality of subsection (1), the information specified in –

(a) clause (h) of Schedule 2, shall be displayed in a prominent manner using the harmonised notice under section 125A(1), and

(b) clause (ha) of Schedule 2, shall be displayed in a prominent manner using the harmonised label under section 125A(3).”,

(b) in subsection (2), by the substitution of “Subsections (1) and (1A) do not apply” for “Subsection (1) does not apply”, and

(c) in subsection (3), by the insertion of “or (1A)” after “subsection (1)”.

Amendment of section 103 of Act of 2022

11. Section 103 of the Act of 2022 is amended –

(a) by the insertion of the following subsection after subsection (4):

“(4A) Without prejudice to the generality of subsections (1)(a) and (4), the information specified in –

(a) clause (q) of Schedule 3, shall be displayed in a prominent manner using the harmonised notice under section 125A(1), and

(b) clause (qa) of Schedule 3, shall be displayed in a prominent manner using the harmonised label under section 125A(3).”, and

(b) in subsection (9), by the insertion of “or (4A)” after “subsection (1)”.

Amendment of section 108 of Act of 2022

12. Section 108 of the Act of 2022 is amended, in subsection (3), by the substitution of “clauses (a), (f) to (h), (qa), (t) and (u) of Schedule 3” for “clauses (a), (f) to (h), (t) and (u) of Schedule 3”.

Harmonised notice and harmonised label

13. The Act of 2022 is amended, in Part 5, by the insertion of the following section after section 125:

“125A. (1) A harmonised notice shall be in accordance with the design and content of the notice as set out in Annex I to Commission Implementing Regulation (EU) 2025/1960 and shall contain –

(a) the main elements of the legal obligation on the trader to supply goods that are in conformity with the contract, including the minimum duration of that obligation of two years, in accordance with the Sale of Goods Directive, and

(b) a general reference to the possibility that, under section 11 (1) of the Statute of Limitations 1957 (No. 6 of 1957), the duration of the legal obligation referred to in paragraph (a) is for a period exceeding two years.

(2) A harmonised notice referred to in subsection (1) shall be used for the provision of the information under clause (h) of Schedule 2 and clause (q) of Schedule 3.

(3) A harmonised label shall be in accordance with the design and content of the label as set out in Annex II to Commission Implementing Regulation (EU) 2025/1960.

(4) A harmonised label referred to in subsection (3) shall be used for the provision of the information under clause (ha) of Schedule 2 and clause (qa) of Schedule 3.

(5) A harmonised notice referred to in subsection (1) and a harmonised label referred to in subsection (3) shall be –

(a) as regards consumers, easily recognisable and understandable,

(b) as regards traders, easy to use and reproduce, and

(c) displayed in a prominent manner.

(6) In this section, “Commission Implementing Regulation (EU) 2025/1960” means Commission Implementing Regulation (EU) 2025/1960 of 25 September 2025⁹ on the design and content of the harmonised notice on the legal guarantee of conformity and of the harmonised label for the commercial guarantee of durability.”.

Amendment of Schedule 2 to Act of 2022

14. Schedule 2 to the Act of 2022 is amended –

(a) by the substitution of the following clauses for clause (h):

“(h) the existence of a legal obligation on the trader to supply goods that are in conformity with the contract, including the main elements of that legal obligation and its minimum period of two years, as provided for in the Sale of Goods Directive;

(ha) where a producer offers the consumer a commercial guarantee of durability, at no additional cost, covering the entire good, for a period exceeding two years, and makes that information available to the trader –

(i) the information that the goods benefit from such a commercial guarantee,

(ii) the duration of the commercial guarantee for those goods, and

(iii) the existence of a legal obligation on the trader to supply goods that are in conformity with the contract;

(hb) the existence of a legal obligation on the trader to supply digital content or a digital service that is in conformity with the contract;

(hc) for goods with digital elements, for digital content or for digital services, where the producer or provider makes the information available to the trader, the minimum period, whether expressed as a period of time or by reference to a date, during which the producer or provider provides software updates;”, and

(b) by the insertion of the following clauses after clause (l):

“(la) subject to clause (lb), the reparability score for the goods;

(lb) where clause (la) is not applicable, and provided that the producer makes the information available to the trader –

(i) the availability and estimated cost of, and procedure for ordering, spare parts that are necessary to keep the goods in conformity,

(ii) the availability of repair and maintenance instructions, and

(iii) any restrictions on repair;”.

Amendment of Schedule 3 to Act of 2022

15. Schedule 3 to the Act of 2022 is amended –

(a) by the substitution of the following for clause (k):

“(k) the arrangements for payment, delivery (including environmentally friendly delivery options where available), performance, and the time by which the trader undertakes to deliver, provide or supply the goods, digital content, digital service or service;”,

(b) by the substitution of the following clauses for clause (q):

“(q) the existence of a legal obligation on the trader to supply goods that are in conformity with the contract, including the main elements of that legal obligation and its minimum period of two years, as provided for in the Sale of Goods Directive;

(qa) where a producer offers the consumer a commercial guarantee of durability, at no additional cost, covering the entire good, for a period exceeding two years, and makes that information available to the trader –

(i) the information that the goods benefit from such a commercial guarantee,

(ii) the duration of the commercial guarantee for those goods, and

(iii) the existence of a legal obligation on the trader to supply goods that are in conformity with the contract;

(qb) the existence of a legal obligation on the trader to supply digital content or a digital service that is in conformity with the contract;

(qc) for goods with digital elements, for digital content or for digital services, where the producer or provider makes the information available to the trader, the minimum period, whether expressed as a period of time or by reference to a date, during which the producer or provider provides software updates;”,

(c) in clause (y), by the substitution of “mechanism;” for “mechanism.”, and

(d) by the insertion of the following clauses after clause (y):

“(z) subject to clause (za), the reparability score for the goods;

(za) where clause (z) is not applicable, and provided that the producer makes the information available to the trader –

(i) the availability and estimated cost of, and procedure for ordering, spare parts that are necessary to keep the goods in conformity,

(ii) the availability of repair and maintenance instructions, and

(iii) any restrictions on repair.”.

GIVEN under my Official Seal,

27 March, 2026.

PETER BURKE,

Minister for Enterprise, Tourism and Employment.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Directive (EU) 2024/825 of 28 February 2024 as regards empowering consumers for the green transition through better protection against unfair practices and through better information. The Regulations are made under the powers conferred on the Minister by section 3 of the European Communities Act 1972 (No. 27 of 1972).

The amendments introduced by these Regulations enhance transparency, ensure that consumers receive accurate and reliable information on environmental attributes, durability, and reparability of goods, and prohibit misleading or unsubstantiated practices, thereby supporting consumers in making informed and sustainable purchasing decisions.

1 OJ L, 2024/825, 6.3.2024.

2 OJ L, 2025/1960, 2.10.2025.

3 O.J. No. L.149, 11/06/2005, p. 22.

4 OJ L, 2025/1960, 2.10.2025.

5 OJ L 304, 22.11.2011, pp. 64–88.

6 OJ L 326, 11.12.2015, pp. 1–33.

7 OJ L 328, 18.12.2019, pp. 7–28.

8 OJ L, 2024/825, 6.3.2024.

9 OJ L, 2025/1960, 2.10.2025.