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The EU's Ecodesign for Sustainable Products Regulation 2024/1781 ("ESPR") came into force on 19 July 2024 and repeals the previous Ecodesign Directive 2009/125/EC ("Ecodesign Directive"). The ESPR introduces new, stricter obligations than its predecessor and encompasses a horizontal framework aimed at improving the sustainability of nearly all physical goods placed on the EU market. The ESPR forms part of the EU's broader legislative package on sustainable products, which includes initiatives such as the Green Claims Directiveand the Right to Repair Directive which we have discussed in previous articles. Together, these instruments are intended to facilitate the transition to a more circular and resource-efficient economy.
As the ESPR covers a wide range of products from chemicals to electronics, the question facing companies at this stage is how the new ESPR will affect them and the products they produce.
What is the scope?
In contrast with its predecessor, which was limited to energy-related products, the ESPR has a significantly broader scope and is applicable to almost all physical goods placed on the EU market, with the exception of food, feed, medicinal products, and certain motor vehicles.
The ESPR establishes a legal basis for setting performance and information requirements related to a product's environmental sustainability. These requirements will be introduced through product-specific delegated acts, that will be adopted by the European Commission (the "Commission") following impact assessments and stakeholder consultation. The ESPR sets out criteria for prioritising which product categories should be dealt with via delegated legislation first. This prioritisation is based on the products potential to contribute to the EU's climate, environmental and energy efficiency objectives.
For this first working plan, the priorities were already set in the ESPR itself and include products such as iron and steel, aluminium, textiles, in particular garments and footwear, furniture, tyres, detergents, paints, lubricants, chemicals; energy-related products and ICT products and other electronics. However, the ESPR gives the Commission discretion to omit some of these products or to add new products, if it provides a justification.
Key Provisions
- Ecodesign Requirements
In line with other legislation forming part of the European Green Deal and Circular Economy Action Plan, the ESPR focuses on the circularity of a product. The Regulation introduces a framework for the development of mandatory ecodesign requirements covering the entire lifecycle of a product. These may include, among others:
- Product durability, reliability, reusability, and reparability
- Energy and resource efficiency
- Recycled content and recyclability
- Presence of substances of concern
- Environmental footprint and carbon intensity
Manufacturers will also need to provide information to consumers and competent authorities regarding the performance of their products, including a reparability value, a durability score and/or regarding their carbon or environmental footprint.
The precise requirements will be defined on a product-by-product basis through delegated acts and this information will need to be made available in the form of a Digital Product Passport.
- Digital Product Passport (DPP)
A central innovation of the ESPR is the introduction of the Digital Product Passport, a tool designed to improve transparency and traceability across supply chains. The DPP will store and provide information on key product sustainability characteristics and compliance, and will be accessible to authorities, consumers, and other relevant stakeholders.
This tool will collect key information on:
- Material composition;
- Environmental impact;
- Repair and recycling methods;
- Full life cycle traceability.
The DPP will also include details such as a unique product identifier, compliance documentation, safety instructions and information on substances of concern.
Under the ESPR, by 19 July 2026 the Commission shall set up a digital registry which will store at least the unique identifiers. According to the Commission, by offering a detailed digital record of a product's lifecycle, the DPP will "enhance supply chain management, ensure regulatory compliance, and help companies identify and mitigate risks related to authenticity and environmental impact".
Where a DPP is available, the information provided therein is also required to be placed either on the product itself, on the packaging or documentation accompanying the product.
- Ban on the Destruction of Unsold Goods
The ESPR includes a prohibition on the destruction of unsold consumer products, notably in sectors such as textiles and electronics, subject to certain exemptions and transitional periods. Importantly, the Commission may extend the ban to other product groups via the product-specific delegated acts.
A transparency obligation will be introduced to discourage the destruction of unsold products and companies will have to take measures to prevent this environmentally harmful practice.
- Green Claims and Consumer Information
The ESPR strengthens rules on the provision of environmental information to consumers, including the prohibition of misleading sustainability claims (pre-empting and complementing the forthcoming Green Claims Directive which we have discussed here). Products will need to carry standardised labels or be linked to the DPP, where applicable.
- Enforcement and Market Surveillance
Member States will be required to designate market surveillance authorities responsible for ensuring compliance with the ESPR and its delegated acts.
Current status
On April 16 2025, the Commission announced the adoption of its 2025-2030 working plan for the ESPR.
Under the new working plan, the Commission provided its list of products that should be prioritised for ecodesign requirements and energy labelling over the next five years. These categories include steel and aluminum, textiles (with a focus on apparel), furniture, tyres and mattresses. Energy-related products which were also covered by the previous Ecodesign Directive will also be carried forward into the new working plan.
Notably, several categories that were highlighted for prioritisation in the ESPR such as footwear, detergents, paints, lubricants and chemicals, were not included in the working plan. In relation to the non-inclusion of chemicals, the Commission noted that this was a complex product group covering a "large volume of organic and in-organic chemicals" and overlaps with other segments such as petrochemicals, polymers and plastics. They stated that given the complexity a study will be launched in Q4 of 2025 to define more precisely the chemicals that will be in scope as well as "potential focus areas for product improvement for chemical specific ESPR delegated acts".
How should companies prepare?
Companies should first establish if their product is covered by the ESPR, however given the wide-reaching scope of this new regulation it is likely that they will be covered by specific delegated ecodesign legislation over the coming years.
Manufacturers, importers, and distributors particularly of products prioritised in the Commission's most recently published working plan will be required to ensure that an assessment of their product's conformity with the ecodesign requirements is carried out before placing them on the EU market. They will also need to ensure the availability of the technical documentation and information required for the DPP and any labelling requirements by the delegated acts.
Even if your product is not yet covered, it would be prudent in the meantime for companies to begin assessing the potential impact of the ESPR on their products and supply chains to avoid any unexpected supply chain or production disruptions due to non-compliance. Companies may face several challenges in implementing the ESPR including data management and reporting and developing products to meet sustainability requirements.
Our dedicated EU Regulatory and cross-sector ESG teams continue to monitor the ESPR and related developments. For further information on the ESPR and how it might affect your company, please contact Koen Van Maldegem or Maud Grunchard.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
