Greening Electronics: How the ESPR will affect electronics and household appliances

The EU's Ecodesign for Sustainable Products Regulation 2024/1781 (“ESPR”) came into force on 19 July 2024, replacing the previous Ecodesign Directive 2009/125/EC (“Ecodesign Directive”). The ESPR introduces new, stricter obligations to improve the sustainability of products placed on the EU market and expands the scope of products to be covered by ecodesign legislation. It also introduces a digital product passport and a ban on the destruction of unsold consumer products. In particular, companies dealing with electronics and household appliances, which are subject to the regulation under the Ecodesign Directive, are facing the question of how the new ESPR will affect them. 

The electronics and household appliances sector as a key target sector for EU ecodesign legislation 

A study conducted by Eurostat, the EU’s statistical office, in 2022 revealed that lighting and electrical appliances account for almost a fifth of final household energy consumption in the EU (see Figure 2, here). Consumers are also increasingly aware of their energy consumption and sustainability has become a fundamental issue for both environmental and financial reasons. It is therefore not surprising that energy-intensive appliances have been among the first products on the Commission's ecodesign radar. 

What are the main (new) obligations under the ESPR? 

1. Performance and information requirements
   
   In line with other legislation forming part of the European Green Deal, the ESPR focuses on the circularity of a product. The ESPR introduces mandatory requirements covering the whole life cycle of products including regarding their durability, reliability, reusability, upgradeability, and repairability, the possibility of maintenance and refurbishment, energy and resource efficiency and the availability of spare parts. Manufacturers will also need to provide information regarding the performance of their products, including a reparability value, a durability score and/or regarding their carbon or environmental footprint. This information shall be made available, inter alia, in the form of a digital product passport.
   
   As a framework regulation, the ESPR does not stipulate specific ecodesign requirements. Rather, these ecodesign requirements are specified by delegated acts to be adopted by the EU Commission.
    
2. Destruction of unsold consumer products
   
   Another key objective of the ESPR is to establish a framework to prevent the destruction of unsold consumer products, an increasingly widespread environmental problem according to the EU. A transparency obligation will be introduced to discourage the destruction of unsold products and companies will have to take measures to prevent this environmentally harmful practice.
   
   The ESPR also introduces a ban on the destruction of unsold consumer products. As of now, the ban is limited to apparel, clothing accessories and footwear. Electronics and household appliances are not yet covered by the destruction ban. However, this may change. Due to the high content of rare metals and low recycling rates in electronics, this product group might be targeted and included in the future.

How does the ESPR affect products already subject to ecodesign requirements? 

Many products in this sector, such as household washing machines, dryers, refrigerators, vacuum cleaners, mobile phones or electronic displays, are already subject to specific ecodesign requirements under existing delegated acts based on the Ecodesign Directive (for a comprehensive overview of the product list, see here). The ecodesign requirements specified in the existing delegated acts will continue to apply until they are replaced by a new delegated act. However, certain provisions of the ESPR will also apply to products already subject to ecodesign requirements. In particular, the prevention of circumvention and worsening of performance (Art. 40 ESPR), the chapter on market surveillance (Art. 66 to 68 ESPR) and on safeguard procedures (Art. 69 to 71 ESPR) will be applicable. 

ESPR’s transitional regime for energy-related products

While developing the new framework of the ESPR, the EU Commission was also working on product-specific delegated acts based on the Ecodesign Directive. When the ESPR entered into force, the EU-Commission had already made significant progress in multiple product groups, such as heaters, air conditioners or cooking appliances in accordance with the Ecodesign and Energy Labelling Working Plan 2022-2024 (see Art. 79 (1) (a) (i) ESPR for a full list). In order to ensure continuity and legal certainty and to avoid delaying the adoption of these delegated acts, a transitional period until 31 December 2026 has been established, during which the Commission will have the possibility to adopt ecodesign regulations for these products under the Ecodesign Directive.

Want to learn more? 

Join us for our webinar series on 9. April 2025, where our experts will go into detail about the new ecodesign requirements and the consequences for the electronics and household appliances sector. You can register here.