The EU's Ecodesign for Sustainable Products Regulation (ESPR) entered into force on July 18, 2024, with the aim to reduce the negative life cycle impacts of products. Environmental data for products, ideally provided through a life cycle assessment (LCA), is at the heart of the ecodesign concept.
WHAT YOU NEED TO KNOW
Sustainability and circularity revolve around ecodesign
With the ESPR, the European Commission has established a legislative framework for improving the environmental performance of products sold on the EU market. The ESPR builds on the Ecodesign Directive (2009/125/EC), which sets design and performance requirements for energy-related products. In comparison, the ESPR mandates sustainable design and resource efficiency for almost all products sold in the EU, with some exceptions.
Additionally, the regulation introduces the creation of a digital product passport (DPP) to electronically register, process and share product-related information. The aim is to improve transparency and streamline the verification of product compliance with ecodesign requirements.
WHAT YOU NEED TO DO
Understanding key ESPR requirements
Under the ESPR, products must meet specified ecodesign requirements for performance and information. Companies also have to disclose what happens to unsold goods. The regulation’s ecodesign requirements pertain to product characteristics that are listed below. Check the regulation for more information on these requirements.
Product aspects to be addressed by ecodesign requirements
The ESPR’s ecodesign requirements focus on the product aspects outlined below.
Source: Ecodesign for Sustainable Products Regulation
Information requirements and substances of concern
Information requirements “shall include, as a minimum, requirements related to the product passport… and requirements related to substances of concern…” [Article 7]. Substances of concern are materials, particularly chemicals, that could endanger human health, harm the environment or hinder recycling efforts.
The information requirements must “enable the tracking of all substances of concern throughout the life cycle of products, unless such tracking is already enabled by another delegated act…” The information must include, for example, the name and location of substances of concern in a product as well as relevant instructions for the safe use of the product.
The Ecodesign regulation provides the following definition of substances of concern:
Source: Ecodesign for Sustainable Products Regulation
Digital product passports
The information requirements outlined in Article 7 of the regulation “shall provide that products can only be placed on the market or put into service if a product passport is available in accordance with the applicable delegated act…” Articles 8 through 13 of the regulation provide detailed information on digital product passports and the rules and requirements that pertain to them.
Unsold goods
Additionally, according to Article 20 of the regulation, an economic operator — a manufacturer, authorized representative, importer, distributor, dealer or fulfillment service provider — must disclose:
- 1. The number of unsold consumer products discarded per year, differentiated per type or category of products;
- 2. The reasons for the discarding of products;
- 3. The delivery of discarded products to preparing for re-use, remanufacturing, recycling, energy recovery and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC.”
This information should be published on a freely accessible website or otherwise made publicly available.
The European Parliament and Council agreed to specifically “ban the destruction of unsold apparel, clothing accessories and footwear, two years after the entry into force of the law (six years for medium-sized enterprises).” Article 20 of the regulation provides more details concerning unsold consumer products.
ADDITIONAL INFORMATION
Achieving ESPR compliance with life cycle assessments
The use of quantitative data from an LCA is central to ecodesign and the ESPR. The benefits of LCAs include:
- Impact assessment across a product’s life cycle. An LCA evaluates the environmental impacts of products from the raw material extraction phase to the disposal phase.
- Improvement opportunities. LCAs provide information about emissions hotspots across a product’s life cycle that enables manufacturers to develop a more sustainable product.
- Transparency and accountability. The information provided by an LCA helps create the transparency and accountability that stakeholders expect.
- Support for the circular economy. Through LCAs, companies can evaluate the performance of closed-loop products and circular business models.
WHO THIS AFFECTS
The ESPR applies to all economic operators in the EU
Companies that make or import goods in the EU, including components and intermediate products, are affected by the ESPR. In Article 1, Section 2, the regulation lists product exemptions, primarily food, animal feed and specified medical products:
Source: Ecodesign for Sustainable Products Regulation
ESPR Working Plan: Products to be covered
The ESPR legislative framework will be implemented in stages. According to a recent webinar on the ESPR, the first working plan is likely to cover selected intermediate and final products.
Intermediate products
- Iron and steel
- Aluminum
Final products
- Textiles (in particular, garments and footwear)
- Furniture, including mattresses
- Tires
- Detergents
- Paints
- Lubricants
- Chemicals
- Energy-related products
- Information and communication technology products and other electronics
WHAT HAPPENS NEXT
Expected timeline and enforcement of the ESPR
The ESPR entered into force on July 18, 2024, and the first delegated acts related to specific product groups are expected to be adopted in Q2 2025. Delegated acts typically define measures or set out individual requirements.
Source: Ecodesign for Sustainable Products Regulation (ESPR) webinar, European Commission
Enforcement will be based on the Market Surveillance Regulation (EU 2019/1020). Member states will establish the penalties for noncompliance, which will be administered by national customs authorities.
HOW SPHERA CAN HELP
Sustainability Consulting, LCA Software and Data
Sphera’s sustainability consultants support companies in applying the LCA methodology to prepare for the ESPR. We help organizations define product environmental criteria, attributes, weighting, thresholds and scoring for assessing sustainability performance in line with ESPR requirements.
Additionally, we are well positioned to support businesses in producing reliable, transparent and comparable Product Environmental Footprint (PEF) calculations thanks to our involvement in the PEF pilot phase and as an official PEF helpdesk operator. The PEF uses LCA methodology to determine GHG emissions and other environmental impact categories.
Coupled with Managed LCA Content — the world’s largest life cycle inventory database — Sphera LCA Software and Sustainability Consulting Services help organizations make data-driven business decisions to reduce the environmental impacts of their products.
Through the use of LCAs, companies can measure and report their products’ environmental performance. Fortunately, reporting challenges are balanced by the competitive advantages offered by sustainable production and supply chains.
Legal disclaimer: The information provided in this blog is for general information purposes only, may not be updated in real time and does not constitute legal advice. Please consult with your legal and other advisors to discuss your particular needs and circumstances.
