Understanding the ESPR framework
The Ecodesign for Sustainable Products Regulation (ESPR) is a European Union (EU) law designed to promote the sustainability of products by integrating environmental criteria right from the design phase. Adopted on June 13, 2024, the Regulation 2024/1781 modifies directive 2020/1828 and regulation 2023/1543 and repeals directive 2009/125/EC. The European Commission has completely overhauled the text as part of the Green Pact for Europe. The recasting of this text and its considerable extension to all types of product is a key initiative for achieving the EU's sustainability objectives, notably by reducing greenhouse gas emissions and promoting a circular economy.
Some key points of the new ESPR regulation :
- Setting a framework of eco-design requirements: The regulation encourages manufacturers to design products that minimize their impact on the environment throughout their life cycle, from production to end-of-life, by setting out 16 areas that will be displayed to consumers where appropriate.
- Substances of Concern (SoC): The presence of Substances of Concern as defined under article 2 (27) of the Regulation will have to be indicated, and additional information requirements will apply to track those SoC’s as indicated under article 7 of the regulation and further to be specified per product group.
- Creation of a digital product passport: The regulation introduces the digital product passport, an electronically accessible identity sheet for products, components, and materials. Consumers, manufacturers and authorities will be able to access via the DPP information on the product’s sustainability and circularity.
- Unsold consumer goods: The regulation introduces measures to address the destruction of unsold consumer products. As of 19th July 2026, it will notably be prohibited for large companies to destroy unsold textiles and footwear. Medium-sized companies will have to comply with the ban four years later, while small and micro-sized companies are exempted. Measures are introduced to possibly enlarge this ban to other sectors, if evidence shows they are needed. Large and eventually medium-sized companies across all product sectors will also have to disclose annual information on unsold products on their website, such as the number and weight of products they discard, as well as their reasons for doing so.
In short, the ESPR regulation aims to encourage the design and manufacture of sustainable products, while raising consumer awareness of the environmental impact of the products they buy, thus contributing to the transition to a more environmentally-friendly economy.
All types of products are concerned, but requirements for specific product groups will be prioritised by the Commission in three-year working plans, to be prepared in consultation with experts and stakeholders. The first working plan should be published by 19th April 2025.
Priority will be given in the first working plan to products considered to have a high impact, including iron, steel, aluminium, textiles, in particular garments and footwear, furniture, including mattresses, tyres, detergents, paints, lubricants, chemicals, information and communication technology products and other electronics, and energy-related products.
Digital Product Passport (DPP)
The DPP or "digital product passport" aims to provide detailed information on the environmental sustainability of products. Via data carrier included on the product, such as leaflet, QR code or URL, consumers will be able to easily access this information, which will include features such as durability, repairability, recycled content and spare parts availability for a given product. This initiative is designed to help consumers and businesses make informed purchasing decisions, while facilitating repair and recycling, and improving transparency on the environmental impact of products throughout their lifecycle. In addition, the product passport should facilitate checks and controls for public authorities.
Product group specific requirements for the DPP will be further developed and adopted by the Commission along the implementation of the working plan.
The DPP will have to indicate the presence of Substances of Concern (SoC) in the product. These substances defined in article 2, paragraph 27 of the ESPR, and are made up of 4 categories:
- Substances of very high concern included in the REACH candidate list;
- Substances subject to harmonized classification for certain health or environmental hazards as listed in the regulation and included in Annex VI of the CLP Regulation;
- Substances that have a negative effect on the reuse and recycling of materials in the product in which they are present.
- Substances regulated by Regulation (EU) No. 2019/1021 on persistent organic pollutants (POPs).
The Commission may set thresholds for the information requirement on SoC’s to apply and may also provide exemptions in duly justified cases.
The impact of the new eco-design regulation
The Ecodesign for Sustainable Products Regulation (ESPR) represents a major milestone in the European Commission's approach to making products more environmentally resilient and promoting a circular economy.
The European Commission claims that "by 2030, the new framework for sustainable products can save 132 million tonnes of primary energy, which corresponds to approximately 150 billion cubic meters of natural gas, almost equivalent to the European Union's imports of Russian gas".
Further regulatory steps
The Commission has an initial period of 6 years to publish the delegated acts, with shorter deadlines for the provisions concerning the ban on the destruction of unsold goods and the adoption of acts to frame the introduction of the digital product passport. These acts will become effective unless the European Parliament or the European Council express objections within 3 months of being notified.
Key dates to know about the ESPR
- December 11, 2019: Adoption of the European Green Deal
- March 11, 2020: Adoption of the new circular economy action plan
- March 30, 2022: Adoption of the ESPR proposal (as part of the sustainable products initiative)
- June 13, 2024: Adoption of regulation 2024/1781 (ESPR)
- July 18,2024: Entry into force of ESPR
- From April 2025 until January 2030: Adoption of first measures (e.g. on textiles and steel) on eco-design requirements
Preparing for the ESPR
Companies operating on the EU market are encouraged to take proactive steps to assess the potential impact of ESPR on their products. It is essential to closely follow the process of adopting this regulation and to prepare accordingly to comply with the new requirements to come, particularly for the priority products identified. In addition, companies and professional organizations have the opportunity to contribute to discussions on the development of ecodesign criteria and the DPP as stakeholders, whether in the dedicated EcoDesign Forum (EDF) or during public consultations.
From a broader perspective, companies are urged to raise awareness of the implications of ESPR among supply and value chain actors, in order to promote a collaborative and coordinated approach to ensuring compliance and sustainability throughout the supply chain.
- To help you prepare for the ESPR, EcoMundo offers customized consulting services to help you get to grips with the new regulations.
Contact us now for a free, no-obligation discussion!
