The New Normal: EU Ecodesign for Sustainable Products Regulation

The ESPR is in force: the final version of the Regulation in all EU languages is available here. 

The Ecodesign for Sustainable Products Regulation (ESPR), which entered into force on 18 July 2024, is the cornerstone of the European approach to more environmentally sustainable and circular products, making product sustainability in the EU the norm. 

The evolution of EU ecodesign for sustainable products ecosystem

The 2009 Ecodesign for Sustainable Products Directive was the first step toward the European sustainable products ecosystem and aimed to improve product energy efficiency With the European Green Deal, Circular Economy Action Plan, and the Sustainable Product Initiative complementing the ecosystem, on 30 March 2022, the European Commission suggested to expand this to all EU market products, setting minimum ecodesign standards for durability, reusability, recyclability, upgradability, reparability, and resource efficiency: 

The European Parliament and the Council of the EU agreed on a draft on 5 December 2023. The ESPR proposal received approval from the Permanent Representatives Committee I (COREPER I) on 22 December and the European Parliament’s Environment Committee on 11 January 2024, with the final approval coming on 11 March 2024. Then, following the Council’s approval on 27 May 2024, the ESPR was adopted. Now that it is published in the Official Journal of the EU and entered into force on 18 July 2024, it will apply from 24 months after its entry into force, depending on the sectors, i.e. as of 18 July 2026. 

As we explained in a previous article on relevant EU legislation, unlike EU directives, setting out goals that EU member states must achieve by devising their own laws on how to reach these goals, EU regulations aim to (i) regulate the related issues in the same way across all EU member states and thus (ii) harmonise the relevant regulatory framework across the Union. The ESPR will thus standardise and harmonise the product ecodesign principles and practice affecting all products and the entire supply chain across all member states in the same way. 

Digital Product Passport (DPP): linking the EU & global data economy with the EU internal market

The Digital Product Passport (DPP), a cornerstone of the ESPR, akin to a QR code, provides detailed product information, aiding consumers, recyclers, and regulatory bodies. It will include data on environmental impact, recycling potential, and compliance documents. A standardised system and a DPP registry are being developed for this purpose. 

Why DPP, for which data, and for which purpose/whose benefit? The approach underlying the DPP concept is to understand what benefits and opportunities can be provided by and enhanced by the DPP access to the product data, for an improved sustainability and circularity in the EU market. 

There are three prioritised sectors so far: battery, electronics, and textile. The specifics will be detailed in delegated acts, but the goal is clear: promote sustainable, resource-efficient, and environmentally friendly products in and beyond the EU market. 

We have summarised all the benefits and opportunities of linking the EU and global data economy with the EU internal market in the infographic below: 

Impact on the covered entities

All companies involved in supply chains of selling products in the EU, including manufacturers, importers, distributors, and retailers, must comply. The ESPR applies to diverse sectors like transport, digital technologies, and textiles. 

Specific requirements will be outlined in delegated acts. The initial working plan includes textiles, furniture, mattresses, tires, detergents, paints, and lubricants, with 30 new delegated acts by 2030. Companies may need to redesign products, change labelling, and adopt new manufacturing processes. 

Conclusion

The ESPR with its revolutionary concept, DPP, marks a pivotal moment for EU businesses. Compliance demands understanding the regulation and integrating ecodesign principles into strategies, affecting all products and the entire supply chain. The goal is to promote sustainable, resource-efficient products. Prioritising durability, recyclability, and energy efficiency will help businesses meet standards and excel in an eco-conscious market 

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