The EU’s Ecodesign for Sustainable Products Regulation (ESPR) came into force on 18 July 2024. This is another piece of legislation that is a derivative of the European Green Deal, the EU’s sustainable development strategy that aims to transform the Union into a modern, competitive, climate-neutral and circular economy.
The ESPR aims to establish a legal framework that will contribute to:
- adapting products to the requirements of a resource-efficient, climate-neutral economy;
- reducing waste;
- ensure that the results achieved by sustainability leaders become the norm.
For products or groups of similar products, ecodesign requirements, i.e. a set of environmental aspects relating to both the product and the processes taking place throughout the value chain, will be established by means of delegated acts. As a result, these requirements should improve the following aspects of the product:
- durability and reliability;
- the ability to be reused, upgraded, repaired, maintained and refurbished;
- the presence of substances of concern;
- energy consumption and efficiency;
- water consumption and water efficiency;
- resource consumption and resource efficiency;
- recycled content
- the possibility of regeneration, recycling and recovery of materials;
- environmental impact, including carbon footprint and environmental footprint; the expected amount of waste generated.
However, the ESPR requirements must not significantly adversely affect the functionality, affordability of products or the competitiveness of economic operators producing or offering sustainable products.
Scope
The regulation covers a wide range of physical goods placed on the market or put into service. Exceptions include, m.in: food, feed, medicinal products, veterinary products, live plants and animals, products of human origin and vehicles.
Products covered by the obligations must comply with ecodesign requirements in order to be placed on the EU market.
Products and priority sectors
Due to the wide scope, ecodesign requirements will not be implemented simultaneously for all products. The priority products and sectors covered by the requirements in the first place are:
- cast iron and steel;
- aluminium;
- textiles, including clothing and footwear;
- furniture, including mattresses;
- Tyres;
- detergents, paints, lubricants and chemicals;
- energy-related products;
- information and communication technology products and other electronic devices.
Information requirements
Products will have to comply with information requirements on sustainability aspects. To this end, digital product passports will be in place to enable the communication of information throughout the value chain and facilitate informed choices for consumers.
The labels will be an additional information tool, presenting data in a simple and legible way, e.g. through efficiency classes. The ways in which information is presented, both in digital passports and labels, will be set out in separate delegated acts.
Indicative timetable for the adoption of the requirements
| Product/Agent | Effective Date | Comments |
| Iron and steel | 2026 | High potential to reduce impacts on climate, energy and environmental quality |
| Textiles & Apparel | 2027 | Extending the lifecycle of products, synergies with the Textile Labelling Regulation |
| Tyres | 2027 | Improving recycling and reducing the risk of waste management |
| Aluminium | 2027 | Increasing recycling and supply resilience, reducing GHG emissions |
| Furniture | 2028 | Improving resource utilization and reducing the environmental impact of production |
| Mattresses | 2029 | Waste generation, life cycle extension and efficient use of materials |
| Horizontal products (electronics, household appliances, ICT) | 2027-2029 | Closed loop of raw materials, recycling, climate impact, extending the life of products |
Obligations of entrepreneurs
Manufacturers must provide:
- compliance of products with ecodesign requirements;
- the availability of product information, instructions for use and a digital passport;
- conformity assessment procedures prior to placing the product on the market;
- identification of the product by type number, batch or serial number (in the case of small products – information on the packaging or in the documentation).
Importers may only place products on the market if:
- the manufacturer has carried out a conformity assessment;
- the product is CE marked;
- A digital product passport is available.
Distributors must act with due diligence:
- Check CE marking and documentation;
- ensure the availability of a digital passport; to suspend the placing on the market in case of doubts as to compliance.
Sanctions
EU Member States will establish local regulations on sanctions for violations of the EMFF. The regulation provides that the sanctions are to be effective, proportionate and dissuasive, including, m.in, fines and a temporary ban on participation in public procurement procedures.
Summary
The EMFF Regulation entered into force on 18 July 2024. The full requirements will be implemented once the delegated and implementing acts have been adopted. The ESPR introduces new obligations for manufacturers, importers and distributors, and has a significant impact on the market for sustainable products, public procurement and production processes in the EU.
