How will the EU's Ecodesign Regulation update affect you?

On 28 June 2024, the European Commission has published the new Ecodesign Regulation 2024/1781 (“ESPR”). The ESPR replaces the previous Ecodesign Directive and will lead to new, stricter obligations on companies, covering the entire life cycle of a product.

The revision of the Ecodesign Regulation is part of the European Union’s (“EU”) sustainability strategy. It’s complemented by the Right to Repair Directive 2024/1799 and the Directive on empowering consumers for the green transition 2024/825.

Scope of the ESPR

The scope of the ESPR represents a significant expansion compared to the previous Ecodesign Directive. While the Ecodesign Directive was limited to energy-related products such as washing machines and refrigerators, the new regulation now extends to almost all physical products. Also, the group of affected economic operators has been expanded. Previously, manufacturers, authorised representatives, importers, and retailers were responsible for product safety. Now, fulfillment service providers and online marketplace operators are also subject to specific obligations.

As a framework regulation, the ESPR does not set its own requirements in terms of parameters to be met. Instead, it provides a framework or "toolbox" for future product-related delegated acts that will "activate" the new obligations. This approach allows for flexibility and adaptability in addressing the diverse range of products covered by the ESPR.

Products “on the radar” of the EU

Several product categories are currently "on the radar" of the EU under the ESPR. These include textiles, especially garments and footwear, furniture including mattresses, information and communication technology (ICT) products, other electronics and energy-related products, detergents, paints, lubricants, chemicals, iron, steel, aluminum, and tyres. Each of these categories is likely to be subject of specific delegated acts in the near future that will outline the detailed ecodesign requirements.

New Ecodesign Requirements

The new ecodesign requirements under the ESPR are designed to improve various aspects of (environmental) product performance. These include durability, reliability, reusability, upgradability, repairability, the possibility of maintenance and refurbishment, energy and resource efficiency, and recyclability (Art. 5 para. 1 ESPR). Additionally, the ESPR prohibits the premature obsolescence of products (Art. 5 para. 2 ESPR), ensuring that products are designed to last longer and reduce waste.

Information requirements are also a key component of the ESPR. Manufacturers will need to provide information regarding the performance of their products, including a reparability value, a durability score, a carbon footprint, or an environmental footprint (Art. 7 ESPR). This transparency will help consumers make more informed choices and promote sustainable consumption.

One of the innovative features of the ESPR is the introduction of the Digital Product Passport. This digital identity for products, components, and materials stores information to support product sustainability, promote circularity, and strengthen regulatory compliance. For example, it allows customs authorities to perform automatic checks, ensuring that products meet the required standards.

Restrictions on the destruction of unsold consumer products

Finally, the ESPR imposes restrictions on the destruction of unsold consumer products. On the one hand, there is an obligation to disclose information on unsold consumer products. On the other hand, and currently limited to apparel, clothing accessories and footwear, the ESPR imposes a ban on the destruction of unsold products. This measure aims to reduce waste and encourage the redistribution or recycling of unsold goods. The EU specifically mentions that the ban on destroying unsold products may be extended to electronics in the near future.

FAQ document published by EU Commission

The EU has recently published a comprehensive document with answers to frequently asked questions on the ESPR. Significant focus is placed on the digital product passport (Section 5), a topic awaiting future EU implementing acts. However, important aspects are not addressed, such as the liability risks for economic operators in case of non-compliance with ecodesign requirements (Article 76).

Key dates

• Publishing of Working Plan by EU Commission: Q1 of 2025
• Adoption of first delegated acts under ESPR:      Q1 of 2026
• Application of first delegated acts:                        Q2/Q3 of 2027

For further insight into how the ESPR will affect your business, join our webinar series, starting on Wednesday 19 February with a 101 session where our experts will cover this in more detail and answer any questions you have.