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Ecodesign for Sustainable Products Regulation (ESPR): Comprehensive Overview

Introduction

The Ecodesign for Sustainable Products Regulation (ESPR) is a cornerstone of the European Union's strategy to promote environmentally sustainable and circular products. Entering into force on 18 July 2024, the ESPR aims to enhance the sustainability of products throughout their life cycle, aligning with the objectives of the European Green Deal and the 2020 Circular Economy Action Plan.

Historical Context
  • 2009: The original Ecodesign Directive (2009/125/EC) was established, focusing primarily on energy-related products.
  • 11 December 2019: The European Green Deal was adopted, setting the stage for more comprehensive sustainability initiatives.
  • 11 March 2020: The New Circular Economy Action Plan was introduced, emphasizing the need for sustainable product design.​
  • 30 March 2022: The European Commission proposed the ESPR as part of the Sustainable Products Initiative.​
  • 5 December 2023: A provisional agreement on the ESPR was reached between the European Parliament and the Council.​
  • 23 April 2024: The European Parliament formally adopted the ESPR.
  • 27 May 2024: The Council gave final approval, officially adopting the ESPR.​
  • 18 July 2024: The ESPR entered into force.
Objectives and Scope

The ESPR aims to improve the environmental sustainability of products placed on the EU market by:

  • Enhancing product durability, reusability, upgradability, and reparability.

  • Improving energy and resource efficiency.​

  • Increasing recycled content and facilitating remanufacturing and recycling.​

  • Reducing the presence of substances that hinder circularity.​

  • Limiting waste generation and improving information availability on product sustainability.​

The regulation applies to almost all categories of physical goods, including components and intermediate products, with exceptions such as food, feed, and medical products.​

Key Features

Digital Product Passport (DPP)

A central element of the ESPR is the introduction of the Digital Product Passport, which will provide comprehensive information about a product's sustainability attributes throughout its life cycle. The DPP will be accessible via a unique identifier, such as a QR code, and will include data on product design, manufacturing, use, repairability, and end-of-life handling.

Ban on Destruction of Unsold Consumer Products

The ESPR introduces measures to prevent the destruction of unsold consumer products, particularly textiles and footwear. This initiative aims to reduce waste and encourage more sustainable business practices.

Green Public Procurement (GPP)

The regulation enables the establishment of minimum mandatory Green Public Procurement criteria at the EU level, promoting the demand for sustainable products and incentivizing companies to invest in environmentally friendly practices.

Implementation Timeline

Q4 2024: Establishment of the Ecodesign Forum, serving as the main platform for stakeholder consultation.​

Q2 2025: Adoption of the first ESPR Working Plan, outlining priority product groups for regulation.​

2026: Adoption of the first delegated acts, including specific requirements for textiles and steel.​

2027/2028: Implementation of the first product-specific requirements, including the mandatory use of Digital Product Passports.​

Stakeholder Engagement and Challenges

The development and implementation of the ESPR involve extensive stakeholder engagement through the Ecodesign Forum. However, challenges have arisen, including concerns from industry representatives about the potential impact on competitiveness and innovation. Environmental NGOs have also expressed concerns about the influence of industry lobbyists on the regulation's development.

References
  1. European Commission. (2024). Ecodesign for Sustainable Products Regulation. Retrieved from European Commission Website​
  2. Herbert Smith Freehills. (2024). EU's Ecodesign for Sustainable Products Regulation – the essentials. Retrieved from Herbert Smith Freehills Website​
  3. Latham & Watkins. (2024). Understanding the New Ecodesign for Sustainable Products Regulation. Retrieved from Latham & Watkins Website
  4. Public Buyers Community. (2024). The Ecodesign for Sustainable Products Regulation (ESPR) entered into force last July. Retrieved from Public Buyers Community Website
  5. EU Policy Outreach. (2024). The Ecodesign for Sustainable Products Regulation (ESPR) is in effect. Retrieved from HEJ Support Website HEJ Support Website