The New Ecodesign for Sustainable Products Regulation: What to Expect

In a significant move towards a more sustainable and circular economy, the EU has recently introduced the Ecodesign for Sustainable Products Regulation (ESPR) which will replace the long-standing Ecodesign Directive. This shift marks an evolution in how products are designed, used, and recycled within the EU. Here is a brief comparison of the two frameworks and what we can anticipate in the coming years.

A Look Back: The Ecodesign Directive

Adopted in 2009, the Ecodesign Directive (2009/125/EC) was pivotal in setting environmental requirements for energy-related products. However, as its primary focus was on improving the energy efficiency of products like household appliances and industrial equipment, it did not fully address other environmental impacts such as resource efficiency, durability, repairability, and recyclability.

The ESPR: A Broader Scope

The ESPR, which entered into force in July 2024 and will gradually take effect from 2025, builds on the directive but introduces a much broader scope. Here are the key changes:

• Wider Product Coverage:

The ESPR has drastically expanded its reach and impact, covering virtually all physical products on the EU market. Only a few exemptions apply, for example, for food and feed, and medicinal products. The broadened scope includes components and intermediate products, making the ESPR relevant to a vast range of industries.

• Digital Product Passports:

A cornerstone of the ESPR is the introduction of digital product passports aimed to help shoppers make more sustainable choices. The passports will provide consumers and businesses with detailed information about a product’s environmental impact, lifespan, and recyclability, fostering transparency and informed decision-making.

• Focus on Circularity:

The ESPR prioritizes circular economy principles. It establishes new standards for durability, repairability, and recyclability, aiming to reduce waste and promote the reuse and recycling of materials.

As part of this, the ESPR introduces a ban on the destruction of unsold textiles and footwear, opening the way for similar bans in other sectors if evidence shows they are needed. It will also require large and eventually medium-sized companies across all product sectors to disclose annual information on unsold consumer products on their website, such as the number and weight of products they discard, as well as their reasons for doing so.

• Stronger Enforcement:

The regulation includes stricter monitoring and enforcement mechanisms to ensure compliance across the EU. Member States are also required to introduce effective sanctions against infringements of the rules, including administrative fines and exclusion from public procurements.

When Will the New Rules Become Binding?

The new rules under the ESPR will not become binding immediately. The ESPR is a framework legislation and lays the foundation for the subsequent adoption of concrete rules, either on a product-by-product basis or horizontally – based on groups of products with similar characteristics. In the first half of 2025, the European Commission will adopt the first ESPR working plan, setting out which products will be prioritised over the coming years.

The Commission is then expected to roll out secondary legislation over the next few years to specify product group requirements and provide detailed guidance. This process will involve extensive stakeholder consultations within a dedicated Ecodesign Forum to ensure practicality and effectiveness.

Next Steps: Implementation and Challenges

The transition from directive to regulation is not without challenges. Implementation will require:

• Technical Guidance: Manufacturers will need clear guidelines on meeting the new requirements, particularly for digital product passports and circularity standards.
• Consumer Awareness: Public campaigns will be crucial to educate consumers about the benefits of the new regulation and how to leverage digital product passports.
• Collaboration: Policymakers, businesses, and environmental organizations must work together to address potential hurdles, such as supply chain complexities and costs associated with compliance.

Conclusion

The ESPR is a bold step forward in Europe’s sustainability journey. By addressing the limitations of the Ecodesign Directive and embracing a more comprehensive approach to product design and lifecycle management, the ESPR sets a high standard for environmental stewardship.