Sustainable Products Ecodesign Regulation

Introduction

Regulation (EU) 2024/1781, known as the Ecodesign for Sustainable Products Regulation (ESPR), establishes a framework for setting ecodesign requirements for sustainable products. This Regulation replaces the previous Ecodesign Directive (2009/125/EC) and significantly expands its scope beyond energy-related products to cover almost all physical goods placed on the EU market. It is a cornerstone of the European Green Deal and the Circular Economy Action Plan.

Main Goal

The primary objective is to improve the environmental sustainability of products to make sustainable products the norm, reduce the overall carbon and environmental footprint of products over their life cycle, and ensure the free movement of sustainable products within the internal market. It aims to decouple economic growth from resource use.

Who It Applies To

The Regulation applies to economic operators across the value chain, including:

• Manufacturers (placing products on the market).
• Importers (placing third-country products on the EU market).
• Distributors and Dealers.
• Fulfilment service providers.
• Online marketplaces.

It applies to any physical goods placed on the market or put into service, including components and intermediate products.

Exemptions

The following are explicitly excluded from the scope:

• Food and Feed.
• Medicinal and veterinary medicinal products.
• Living plants, animals, and micro-organisms.
• Products of human origin.
• Products of plants/animals relating to reproduction.
• Certain vehicles (where sector-specific legislation already exists).

Key Provisions

Ecodesign Requirements

The Regulation creates a framework where the Commission will adopt Delegated Acts for specific product groups (e.g., textiles, steel, furniture). These acts will set requirements on:

• Durability, reliability, reusability, upgradability, and repairability.
• Presence of substances of concern.
• Energy and resource efficiency.
• Recycled content and recyclability.
• Carbon and environmental footprints.

Digital Product Passport (DPP)

Products will need a DPP to provide information about the product's sustainability, accessible via a data carrier (e.g., QR code). This passport aims to increase traceability and facilitate repair and recycling.

Ban on Destruction of Unsold Goods

The Regulation introduces measures to prevent the destruction of unsold consumer products, including a direct ban on the destruction of apparel, clothing accessories, and footwear (listed in Annex VII) starting from specific dates.

Obligations & Requirements

• Compliance with Performance Requirements: Products must meet specific criteria regarding durability, energy use, etc., once the specific delegated act for that product group is in force.
• Information Requirements: Manufacturers must provide a Digital Product Passport and potentially other labels.
• Reporting on Unsold Goods: Economic operators must disclose the number and weight of unsold consumer products discarded per year and the reasons for discarding.
• Public Procurement: Contracting authorities will face mandatory Green Public Procurement requirements for products covered by the regulation.

Penalties

Member States are responsible for laying down rules on penalties for infringements. These must be effective, proportionate, and dissuasive, and may include:

• Fines.
• Time-limited exclusion from public procurement procedures.

Key Dates

• Entry into Force: 18 July 2024.
• First Working Plan: By 19 April 2025 (prioritizing textiles, iron/steel, furniture, tires, etc.).
• Destruction Ban (Apparel/Footwear): Applies from 19 July 2026 (with extensions for medium enterprises).
• DPP Registry: To be set up by 19 July 2026.