Regulation (EU) 2024/1781 establishing a framework for the setting of ecodesign requirements for sustainable products (ESPR) came into effect on 18 July 2024 repealing the Ecodesign Directive 2009/125/CE.
The ESPR applies to a wide range of products, and compliance with this regulation and its delegated acts will become a requirement for placing products on the market. As a result, it is expected to affect many businesses both within and outside the EU. Therefore, we would like to provide an overview of the ESPR.
I. Scope of ESPR
In contrast to the previous 2009 Directive which was limited to energy-related products, the ESPR applies to almost all physical goods that are placed on the market or put into service, including components and intermediate products, apart from the following:
a) food,
b) animal feed,
c) medicinal products,
d) veterinary medicinal products,
e) living plants, animals and micro-organisms,
f) products of human origin,
g) products of plants and animals relating directly to their future reproduction,
h) vehicles
II. Ecodesign requirement
Products shall only be placed on the market or put into service if they comply with the ecodesign requirements (Article 3.1).
Article 5.9 states that ecodesign requirements shall include, as appropriate to improve the specific product aspects, either or both of the following:
a) performance requirements
b) information requirements
(1) Product aspects
Article 5.1 states that Product aspects shall be followings:
(a) durability, (b) reliability, (c) reusability, (d) upgradability, (e) reparability, (f) the possibility of maintenance and refurbishment, (g) the presence of substances of concern, (h) energy use and energy efficiency, (i) water use and water efficiency, (j) resource use and resource efficiency, (k) recycled content, (l) the possibility of remanufacturing, (m) recyclability, (n) the possibility of the recovery of materials, (o) environmental impacts, including carbon footprint and environmental footprint, (p) expected generation of waste.
(2) Performance requirements
Products must comply with performance requirements related to the product aspects (Article 6.1).
The performance requirements shall be based on the relevant product parameters referred to in Annex I (Article 6.2). For example, some of the performance requirements included in Annex I are: ease of repair and maintenance, ease of upgrading, reuse, remanufacturing and refurbishment, use or consumption of energy, water and other resources in one or more life cycle stages of the product, microplastic and nanoplastic release among others.
(3) Information requirements
Products must comply with information requirements related to the product aspects (Article 7.1).
The information requirements shall include, as a minimum, information relating to the digital product passport (Article 7.2).
The data or information which should be included in the digital product passport are specified in Article 9.2 and Annex III. For example, the unique product identifier, the Global Trade Identification Number, compliance documentation, user manuals, warnings or safety information among others.
The economic operator, like manufacturers, importers, distributors, when placing the product on the market, shall make available a back-up copy of the digital product passport through a digital product passport service provider (Article 10.4).
(4) Empowerments to adopt delegated acts
Given that the Regulation is merely a piece of framework legislation that lays out a more general set of requirements the Commission is empowered to adopt delegated acts to supplement the ESPR by setting ecodesign requirements for groups of products (Article 4.1, 6.1 and 7.1).
The minimum content of the delegated act is set out in Article 8, including the definition of the product group or groups covered, the ecodesign requirements for the product groups covered, the test, measurement or calculation standards or methods to be used, the format, manner and order in which the information necessary for the verification of compliance is to be made available, the duration of the transitional period during which Member States are to permit the placing on the market or putting into service of products which comply with the national measures in force in their territory on the date of entry into force of the delegated act and the date for the review of the delegated act.
III. Destruction of unsold consumer products
Economic operators shall take necessary measures which can reasonably be expected to prevent the need to destroy unsold consumer products (Article 23).
In addition, for apparel, clothing accessories and footwear products, the destruction of unsold consumer products shall be prohibited from 19th July 2026.
This shall apply to medium-sized enterprises from 19th July 2030. But this shall not apply to micro and small enterprises (Article 25.1).
IV. Timeline of upcoming events
(1) Working plan
The Commission has adopted the first working plan and make it publicly available on 16th April 2025. The working plan sets out a list of product groups which are to be prioritised for the setting of ecodesign requirements and the estimated timelines according to which these requirements will be set.
In the first working plan, the Commission intends to prioritise the following product groups (Article 18.5):
(a) iron and steel, (b) aluminium, (c) textiles, in particular garments and footwear; (d) furniture, including mattresses, (e) tyres, (f) detergents, (g) paints, (h) lubricants, (i) chemicals, (j) energy related products for which ecodesign requirements are to be set for the first time or for which existing measures adopted pursuant to Directive 2009/125/EC are to be reviewed under this Regulation; and (k) information and communication technology products and other electronics.
It is recommended that economic operators handling the above products revise the details of this working plan.
(2) First delegated act
The first delegated act to be adopted shall not enter into force until 19th July 2025 (Article 4.7).
Operators handling products within the scope of the ESPR, especially those in the working plan, will need to pay attention to the progress of the delegated act.
Satoshi Minami
Vilá Abogados
For more information, please contact:
17th April 2025
