Introduction

The Ecodesign for Sustainable Products Regulation (ESPR) is a crucial component of the EU’s efforts to foster sustainability, following the 2020 Circular Economy Action Plan within the European Green Deal framework. Coming into effect on 18 July 2024, the ESPR replaces the previous Ecodesign Directive 2009/125/EC and seeks to enhance the sustainability of products circulating within the EU market. By focusing on products with significant environmental impact, the regulation aims to double the circularity rate of materials used in the EU.

Objectives and Key Provisions

The ESPR is designed to promote an environmentally sustainable and circular economy. It aims to improve product circularity and energy efficiency, fostering sustainable business models while ensuring market resilience and competitiveness.

Key Characteristics of Sustainable Products under ESPR

A product adhering to ESPR standards should:

• Consume less energy
• Have a longer lifespan
• Be easily repairable
• Contain components that can be disassembled and repurposed
• Have minimal or no substances of concern
• Be recyclable or incorporate recycled content
• Have a lower carbon and environmental footprint throughout its lifecycle
• Offer improved transparency regarding sustainability information

Implementation Timeline

The ESPR was proposed in March 2022 as part of the EU Circular Economy Action Plan. A provisional agreement was reached in December 2023, and the regulation was formally adopted in 2024, taking effect on 18 July 2024.

The ESPR introduces three major changes from the previous directive:

• Digital Product Passports (DPPs): Providing key sustainability information.
• Green Public Procurement: Mandating sustainable purchasing criteria.
• Restrictions on the destruction of unsold products: Prohibiting wasteful disposal practices.

Next Steps and Compliance Phases

• April 2025: The ESPR working plan is expected to be adopted, prioritizing product categories for compliance.
• 19 April 2025: The first batch of products must comply with ESPR standards.
• January 2026: A delegated act on DPPs for textiles will be published, with implementation slated for July 2027.
• 19 July 2026: The EU Commission will establish a digital registry to store unique DPP identifiers.
• 2030: The first efficiency report on ESPR’s impact will be released, with further reviews every six years.

Affected Businesses and Industries

The ESPR impacts all entities involved in the product lifecycle within the EU, including:

• Manufacturers (including non-EU producers selling within the EU)
• Importers
• Distributors
• Dealers and service providers

The regulation aligns with international trade standards, ensuring continued cooperation with non-EU production partners dedicated to improving product sustainability.

Product Categories Covered by ESPR

While ESPR applies broadly, exceptions include food, feed, medicines, medical products, and specific vehicles. The first priority batch for compliance includes:

• Iron and steel
• Aluminum
• Textiles (garments and footwear)
• Furniture
• Tyres
• Detergents
• Paints
• Lubricants
• Chemicals
• Energy-related products with ecodesign requirements
• Information and communication technology (ICT) products & electronics

Free Movement of ESPR-Compliant Products

Only products meeting ESPR conditions can enter the EU market. However, products not yet compliant may be displayed at trade events with clear disclaimers.

Once a product aligns with ESPR, EU Member States cannot impose additional national restrictions, ensuring uniform market access across the EU.

Ecodesign Requirements Under ESPR

To improve sustainability, the ESPR establishes specific requirements for:

• Durability and reliability
• Reusability and upgradability
• Repairability and maintenance
• Resource efficiency and recyclability
• Energy and water efficiency
• Carbon and environmental impact reduction
• Waste minimization

These standards will be tailored per product category, ensuring alignment with international agreements and EU environmental goals while considering the impact on SMEs.

Digital Product Passport (DPP) Requirements

A major development in the ESPR is the mandatory Digital Product Passport (DPP), which enhances product traceability and compliance. The DPP must include:

• A unique product identifier
• Comprehensive sustainability data
• Information accessible to manufacturers, distributors, and authorities
• Machine-readable formats compliant with EU standards (CS3D/CSDDD)

The European Commission will establish a central registry for DPP identifiers, supporting market surveillance and customs control.

Regulation on Unsold Product Destruction

The ESPR prohibits the destruction of certain unsold consumer products, including clothing, accessories, and footwear, starting 19 July 2026. By 2030, this rule will extend to SMEs.

Companies must disclose data regarding unsold product disposal, including:

• Weight and number of discarded products
• Reasons for disposal
• Disposal methods (reuse, recycling, energy recovery, etc.)

Exceptions apply for:

• Health, hygiene, or safety concerns
• Severe product damage preventing cost-effective repair
• Intellectual property violations
• Environmental considerations supporting destruction

To comply, businesses are encouraged to adopt R-strategies (reuse, repair, remanufacture, recycle) to minimize waste and maximize product lifecycle value.

Business Compliance and Transparency Obligations

Companies must publicly disclose detailed reports on product disposal, ensuring accountability. Upon request, businesses must demonstrate compliance with ESPR regulations to the European Commission or national authorities.

Conclusion

The ESPR represents a significant step toward a circular economy, replacing the Ecodesign Directive with a more comprehensive sustainability framework. By addressing product sustainability throughout its lifecycle, promoting transparency, and enhancing supply chain traceability, the ESPR advances the EU’s environmental goals under the European Green Deal.

Key regulatory changes, including Digital Product Passports, mandatory sustainability standards, and a ban on the destruction of unsold goods, position the EU as a leader in responsible consumption and production. The ESPR ensures that all market participants adhere to sustainability benchmarks while providing consumers with accurate and accessible product information.