Ecodesign Regulation: everything you need to know
Image courtesy of Julia Briere - @studiobriere
The Ecodesign for Sustainable Products Regulation (ESPR) is coming into force, ready to redefine how companies design and sell their environmentally friendly products in the EU
On July 18th, the Ecodesign for Sustainable Products Regulation (ESPR) came into force: an ambitious initiative aimed not only at making products sustainable from an environmental point of view, but also at establishing requirements for the design of products based on sustainability. This represents a new step in line with the approach defined by the current directive on eco-friendly design, which has been promoting efficiency improvements in energy-related products within the European Union for over ten years, but only concerning electrical devices such as refrigerators, vacuum cleaners, and computers.
What’s in the Ecodesign Regulation?
Given the broad scope of its vision, it is not possible to put the Regulation into action without going into the detail of individual types of production. For this reason, the ESPR calls for the European Commission to establish, through the publication of specific delegated acts, ecodesign requirements that will be applicable to specific product types. In other words, in concrete terms the rules that will govern a single product or specific category will be decided progressively.
The Regulation provides for the definition of performance and information requirements for almost all categories of physical goods (animal feed or medicines, for example, will be exempt). Via so-called “ecodesign requirements”, numerous product aspects will therefore have to be improved – such as durability, reusability, reparability, and remanufacturing. In addition, manufacturers will have to consider the possibility of maintenance and reconditioning, energy consumption and energy efficiency, the possibility of recovering materials, environmental impacts, and expected waste generation. For example, the Regulation could, depending on the product, provide for the tracking and limitation of substances that might hinder product circularity, or for a minimum quantity of recycled content. Furthermore, its objective is to establish information obligations on products, to ensure that end consumers have a clear picture of the impact of what they are purchasing, and can make more sustainable choices.
End of life, respecting the principles of circular economy
A primary focus of the ESPR is the fight against premature or planned obsolescence, which stem from practices that artificially reduce the useful life of products and result in an increase in waste, manufacturing energy use, and material consumption. The Regulation also provides for measures aimed at avoiding the destruction of unsold consumer products, initially through precise information obligations, gradually leading to the complete ban of the practice starting from July 19th, 2026. The European legislator has explained that preventing the destruction of goods that were intended for consumers but remained unsold will significantly increase transparency: when the Regulation comes into force, large companies that discard unsold products will have to make their annual figures public, along with the reasons for their choices and the number of discarded products that they have given away for the purposes of reuse, remanufacturing, recycling, energy recovery and disposal operations, in line with the waste hierarchy, ensuring that this information is available on a freely accessible website or through other means. It is expressly prohibited to circumvent the rule by selling such products to small businesses (which remain exempt from these obligations) for destruction.
Ecodesign Regulation: who is involved
The new Regulation does not regard only manufacturers and importers (although they have the broader task of adapting design and production processes), but also retailers and distributors, called upon to only market products that comply with the requirements of the Regulation – which as we have seen will include both qualitative aspects and information obligations. According to the European Commission, the Regulation will create a level playing field for companies intending to sell their products on the European market, by overcoming the fragmentation caused by often conflicting national requirements on the subject; as a consequence, it will reduce compliance and administrative costs, while at the same time rewarding companies that respect the rules and obviously guaranteeing the pursuit of environmental objectives.
The new rules for eco-sustainable products
There will be rules for any physical good launched on the market or put into service, including intermediate products. Since beginning its evaluations, the European Commission has focused on certain categories – which, it explained, have a significant impact on the environment and have great potential for improvement: textiles, furniture, mattresses, tires, detergents, paints and lubricants, together with intermediate products such as iron, steel, and aluminum. This focus is important because, by April 19th, 2025, the European Commission will adopt a work plan prioritizing these groups in particular. For each product category, specific delegated acts will be issued, followed by an adaptation period of at least 18 months in which companies will have to comply with the ecodesign requirements defined, taking into account the needs of SMEs and especially micro-enterprises.
The Digital Product Passport
The already well-known digital product passport will be introduced for all covered categories. It will contain complete information on product performance, materials, repair and recycling, and lifecycle impact. Such information might also be presented in the form of performance classes (similar to what happens with the current “energy label”) in order to make it easier for consumers to understand it and make comparisons between products.
Timeline: next steps to take
Soon (the official deadline is Q3 2024) an Ecodesign Forum will be organized; composed of experts designated by EU member States – chosen amongst industry representatives, traders, consumer associations, individuals that promote circular economy activities, and so on – the Forum will define self-regulation measures, information campaigns, support measures for SMEs, and priorities.
Later, by April 19th, 2025, the first work plan will be launched. This will be followed first by the publication of the delegated acts for the ban on the destruction of unsold goods and exemptions (by Q2 2025), and then by the publication of the delegated acts on the Digital Product Passport (by the end of 2025). For the adoption of the first ESPR measures, the expected deadline is 2026.
