On 22 May 2024, the EU Commission held an online informative session on the new Ecodesign for Sustainable Products Regulation (ESPR) to present the core elements of the ESPR, as well as the implementation and next steps.
In this article, you will find the highlights of the session, especially on what concerns the EU Digital Product Passport (DPP).
The official presentation of the event can be found here.
Part 1. Core elements of the ESPR legal text
The ESPR will replace the existing Ecodesign Directive 2009/125/EC and introduce more extensive requirements for more product groups. It aims to reduce the negative lifecycle environmental impacts of products through efficient digital solutions, meaning more environmentally sustainable and circular products. In this context, promoting a circular economy, improving recycling, and increasing the lifecycle of products will be key initiatives of the regulation.
The ESPR is a legal framework that sets general objectives. That said, product-specific measures and technical requirements will be further drafted in delegated acts once the regulation comes into force.
The ESPR sets a new sustainability and eco-design approach that 1. broadens the scope of products, 2. requires performance information such as durability, carbon footprint, and recycled content, 3. sets horizontal measures for products with similarities, and 4. strongly focuses on product information, such as the DPP.
Key product aspects under ESPR include:
Some of the key pillars of the regulations include:
- EU Digital Product Passport (DPP): A digital tool that will allow different stakeholders to access product information via a data carrier.
- Prohibition to destroy unsold consumer products: Transparency requirements for those discarding unsold goods and the possibility of banning the destruction of relevant product groups in order to reduce waste.
- Mandatory green public procurement criteria: Procuring goods, services, and works with a reduced environmental impact throughout their lifecycle.
Digital Product Passport
The DPP is an integral part of the ESPR, and its purpose is to simplify digital access to product-specific information related to sustainability, circularity, and legal compliance.
The DPP is not a track & tracing tool, but it will allow traceability information when appropriate.
Moreover, the DPP system shall build on existing best practices at the international level while also allowing the possibility of using new technologies and approaches.
Main design features
- DPP is based on a decentralized approach to data storage.
- The DPP shall be uniquely linked to a product.
- Access to data will take place through a (persistent) product unique identifier embedded in a data carrier that relies on a look-up mechanism.
- Access to DPP data based on a need-to-know basis (there will be public and restricted data)
- Three possible levels of granularity: (i) model, (ii) batch, (iii) item
- Four unique identifiers will always be required:
- Product identifier
- Economic operator identifier
- Facility identifier
- Registration identifier (not public)
- Economic operators shall also make available a backup copy of the DPP through a [certified] independent third-party DPP service provider
Economic operators will have to ensure that the DPP exists and is complete, authentic, reliable, and verified.
Check this article for more information on the DPP.
Part 2. Implementation and next steps
Tentative timeline and milestones
On 30 March 2022, the EU Commission adopted the ESPR proposal.
On 27 May 2024, the EU Council adopted the regulation. This is the last step in the decision-making process. Following the approval of the EU Council, the legislative act has been adopted and is expected to be published in the EU Official Journal in June 2024.
Once into force, delegated acts specifying the product-related measures and technical requirements will be drafted.
- The Acts on the DPP registry, service providers, data carriers, and digital credentials are expected to be in place in late 2025.
- The first Delegated Acts (textiles, steel) are expected to be adopted in 2026, with 18 months for economic operators to comply with the new requirements. That said, the entry into force of the first Delegated Acts is expected around 2027/2028.
Moreover, one of the main milestones of the ESPR is to establish an Ecodesign Forum, which is an expert group with the aim of ensuring proper consultation of all interested stakeholders. The role of the Forum will include, not exclusively, preparing ecodesign requirements and working plans. At the same time, the views of the Forum should be taken into account when preparing the ESPR requirements.
Interested parties include representatives of the industry, including SMEs, enterprises, trade unions, retailers, importers, consumers, and NGOs.
For non-member State participants, an open public call for membership applications to the Ecodesign Forum will probably open in Q3 2024 on the Register of Commission Expert Groups. For Member State participants, nominations are to be requested directly.
The first meeting of the Forum is expected to occur in late 2024/2025.
Working Plan & Product Priorities
The EU Commission will set a Working Plan for a minimum of three years, covering ecodesign requirements, including horizontal requirements, and the possible prohibition of destruction of unsold consumer goods.
The first working plan to be adopted in the first nine months of ESPR implementation include:
| INTERMEDIATE PRODUCTS | FINAL PRODUCTS |
| Iron and Steel Aluminium | Textiles (in part. garments & footwear) Furniture, including mattresses Tyres Detergents Paints Lubricants Chemicals Energy related products Information & communication technology products and other electronics |
Focus on SMEs
In order to support SMEs, the EU Commission will ensure:
- The implementation of EU programs to help SMEs integrate environmental sustainability
- Digital tools and guidelines to facilitate compliance
- Financial support to SMEs with active participation in the Ecodesign Forum
On the other hand, the Member States will take measures to help compliance, including:
- One-stop shops to raise awareness on ecodesign requirements
- Create networking opportunities
- Financial support (e.g., tax breaks)
- Access to finance
- Specialized management and staff training
- Organizational and technical assistance
References:
Ecodesign for Sustainable Products Regulation – European Commission (europa.eu)
Stay tuned for the following developments of the ESPR and the EU DPP!