The New EU Ecodesign for Sustainable Products Regulation (ESPR) is here. What does it mean for product developers selling their products in Europe?

Europes ecodesign regulation provides helpful guidence for developing more sustainable products.

What is the Ecodesign for Sustainable Products Regulation (ESPR)?
The ESPR regulation supersedes the current EU ecodesign directive (2009/125/EC) and introduces additional ecodesign criteria applicable to a broader range of products sold on the EU market. Broadly speaking it says that all products should be designed for extended lifespans and be more easily repairable, upgradeable, and recyclable. This Regulation establishes a framework for the setting of ecodesign requirements that products have to comply with.

What products are covered by this regulation?
This Regulation applies to any physical goods that are placed on the market or put into service, including components and intermediate products.

What products are excluded?
Food; feed; medicinal products; living plants, animals and micro-organisms; products of human origin; products of plants and animals relating directly to their future reproduction; vehicles (but not including scooters and bicycles – these are included); items for defense.

From when does it apply?
This regulation entered into force on the 18th of July 2024 and enforcement will begin in 2 years from that date. However, if you are developing new product, now is the time to ensure you are aware of the requirements.

What are some of the requirements?
Product durability, reusability, upgradability and repairability, as well as the use of substances that inhibit circularity are mentioned. Additionally, it covers energy and resource efficiency, recycled content, remanufacturing and recycling, and the carbon and environmental footprints of products. This Regulation also establishes a ‘digital product passport’, provides for the setting of mandatory green public procurement requirements and creates a framework to prevent unsold consumer products from being destroyed. An EU declaration of conformity will also be needed for your product, along with CE marking. There are also a number of information requirements that must accompany a product.

What is a Digital Product Passport?
A 'Digital Product Passport' requires a QR code on a product that takes a consumer to information that enables them to make informed purchasing decisions by offering details about a product's environmental sustainability. It thereby allows consumers to access and compare information contained within these product passports.

What ‘unsold products’ can no longer be destroyed under this regulation?
The regulation imposes a direct ban on the destruction of unsold textiles and footwear, which will take effect two years after enactment. Small and micro companies are exempt, while medium-sized companies have a six-year exemption. It also authorizes the Commission to introduce similar bans for other products in the future. From 19 July 2030, medium sized enterprizes that discard unsold consumer products directly or have unsold consumer products discarded on their behalf must disclose the amount, the reason and any recovery actions taken annually on their websites.

What is ‘ecodesign’?
The regulation defines ecodesign as “the integration of environmental sustainability considerations into the characteristics of a product and the processes taking place throughout the product’s value chain”

What ecodesign requirements will be implemented?
Further detailed requirements will be adopted going forward to improve the following product aspects:
(a) durability;
(b) reliability;
(c) reusability;
(d) upgradability;
(e) repairability;
(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.
 
What products are the priorities for what is yet to come?
(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;
(k) information and communication technology products and other electronics.
 
Want to understand how to prepare your product development business and products for this regulation?
Contact us for a free no- obligation 30 minute online consultation to discuss what assistance may be of most relevance to you.

www.rbdevelopment.co.nz/connect

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