The Ecodesign for Sustainable Products Regulation (ESPR) is a new Regulation that will replace the existing Ecodesign Directive. It aims to set eco-design requirements for products to be sold in the EU. Unlike the existing Ecodesign Directive, which only covers certain energy-related products, the new Regulation applies to virtually all physical products.
Additionally, the Regulation introduces new requirements concerning the digital product passport, the destruction of unsold consumer products, and more.
In this guide, we help you better understand the requirements of the new Regulation and address common questions concerning its application.
Content Overview
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What is the Ecodesign for Sustainable Products Regulation?
The Ecodesign for Sustainable Products Regulation is a framework regulation that enables the adoption of delegated acts, which in practice are additional regulations that cover specific products. The Regulation does not contain specific ecodesign requirements but sets out essential elements and objectives for the delegated acts.
In turn, the delegated acts will set specific requirements affecting product aspects such as:
- Durability
- Reliability
- Reusability
- Upgradability
- Repairability
More specifically, these are likely to set clearly defined requirements concerning energy efficiency, emissions, and other aspects that concern eco-design. However, the differences in requirements that will apply to, for example, a t-shirt will be very different from requirements applicable LED light bulbs.
In practice, this would mean that manufacturers and importers should be on the lookout for publications on delegated acts, which products they affect, their ecodesign requirements, and their effective dates.
How does the Ecodesign for Sustainable Products Regulation differ from the Ecodesign Directive?
The new Regulation shares a few common requirements with the Ecodesign Directive. For example, the CE marking and Declaration of Conformity. However, the Regulation introduces new types of requirements that set it apart from the existing Ecodesign Directive. Below we outline some of the main differences between the two legislations.
| Requirement | Ecodesign for Sustainable Products Regulation | Ecodesign Directive |
| Digital Product Passport | Yes | No |
| Traceability information | Yes | No* |
| CE Marking | Yes | Yes |
| Declaration of Conformity | Yes | Yes |
| Technical Documentation | Yes | Yes |
| Instructions | Yes | No* |
| Requirements concerning the destruction of unsold consumer goods | Yes | No |
*Covered by implementing measures related to the Ecodesign Directive.
Which products are covered?
The Ecodesign for Sustainable Products Regulation applies to any physical products sold in the EU, including components and intermediate products. Delegated acts adopted under the Regulation will specify the products that they cover.
Before delegated acts are introduced, the European Commission will publish working plans that contain product groups which the commission will be prioritising. The first working plan is mentioned in the Regulation. Here are some of the products that are cited:
- Iron and steel
- Aluminium
- Textiles, in particular garments and footwear
- Furniture
- Mattresses
- Tyres
- Detergents
- Paints
- Lubricants
- Chemicals
- Energy-related products not covered by the Ecodesign Directive
- Information and communication technology products and other electronics
Which products are exempt?
The Regulation does not apply to the following products:
- Food
- Feed
- Medicinal products
- Veterinary medicinal products
- Living plants, animals and micro-organisms;
- Products of human origin;
- Products of plants and animals relating directly to their future reproduction
- Vehicles
Delegated acts
The ecodesign requirements of delegated acts can affect a specific product or set common specifications for a group of products.
The delegated acts will be introduced over time and the first delegated act to be adopted should not enter into force before 19 July 2025. The Regulation states that as a general principle, delegated acts would apply no earlier than 18 months after they are introduced.
The ecodesign requirements contained in delegated acts can refer to performance requirements, information requirements, or both. The Regulation sets out the contents of delegated acts. Here are some of the key contents that will be featured in delegated acts:
- Product scope
- Specific performance requirements
- Information requirements
- Conformity procedures
- Harmonised standards
- Requirements for the use of digital tools
- Specific requirements for technical documentation
The performance requirements are based on the relevant product parameters (e.g. use or content of sustainable renewable materials) referred to in Annex I of the Regulation.
The possible information requirements featured in delegated acts are also covered in the Regulation. It can relate to information that must be featured in the digital product passport or that must accompany the product.
Finally, delegated acts should also specify what conformity assessment procedures are available to manufacturers, some of which require engaging a notified body. In practice, a manufacturer must apply a conformity assessment procedure to demonstrate that their product meets the requirements of the delegated act and the Regulation.
Standards
Delegated acts may specify harmonised standards. Such harmonised standards may relate to:
- Performance requirements
- Information requirements
- Tests, measurement or calculation methods
If a product meets the requirements contained in harmonised standards, it is presumed to comply with the requirements of the Regulation that are covered by such standards (e.g. performance requirements). As far as we know, there are no harmonised standards affecting products yet that are published under the Regulation.
However, However, our understanding is that energy-related products covered by implementing measures under the Ecodesign Directive should continue to meet the harmonised standards contained in the implementing measures until 31 December 2030.
Digital product passport
One of the key requirements that sets the Ecodesign for Sustainable Products Regulation from the existing Ecodesign Directive is the requirements concerning the digital product passport.
Products can only be sold if they come with access to a digital product passport, via a data carrier, which can be a linear barcode symbol, a two-dimensional symbol or another medium that can be accessed by a device (e.g. QR code).
In addition to the requirements contained in the Regulation, the data to be inputted into the digital product passport will be contained in the delegated acts. Thus, both the Regulation and the applicable delegated act must be referred to.
Here are some examples of required data to be included in the digital product passport:
- Unique product identifier
- Global Trade Identification Number
- Instructions
- Warnings
- unique operator identifiers
- unique facility identifiers
- Traceable information
Also, the Regulation sets standards affecting the digital product passport. Here are some examples:
| Title | Description |
| ISO/IEC 15459-1 | This standard contains rules for the unique identification of individual transport units. It specifies a unique string of characters for identification purposes and that is to be represented in a bar code label or other Automatic Data Capture (AIDC) media. |
| ISO/IEC 15459-2 | This standard contains procedural requirements to maintain identities. Additionally, it specifies the obligations of the Registration Authority and Issuing Agencies. |
| ISO/IEC 15459-3 | This standard contains rules applicable for unique identification that are required to ensure compatibility across various identities. |
Digital product passport registry
Certain information included in the digital product passport must also be entered into a digital product passport registry which will store the unique identifiers and commodity codes. Delegated acts may also require other data to be uploaded.
The Regulation states that the registry should be operational by 19 July 2026.
Declaration of Conformity
You must issue a Declaration of Conformity to communicate compliance with the Regulation and the applicable delegated acts. The model structure contained in Annex V should be referred to when constructing the document.
Additionally, delegated acts should specify conformity assessment procedures that, in turn, should set elements that must be included in the declaration.
Here are some examples of the type of information that must be included in the declaration:
- Product identifier
- Manufacturer’s name and address
- Product description
- Reference to the applicable regulations (e.g. delegated acts)
- Reference to harmonised standards
Technical documentation
The Regulation also requires technical documentation. However, the required documents that make up the technical documentation are listed in conformity assessment procedures.
Thus, manufacturers would have to identify the applicable delegated act, confirm which conformity assessment procedure to apply, and then arrange the technical documentation for the product.
Instructions
Products covered by delegated acts must be accompanied by:
a. Instructions in digital format
b. Safety information and instructions in a paper format
Digital instructions should be included in the digital product passport which is made accessible through a data carrier. However, if the digital product passport is not applicable, information on how to access the digital instructions can be indicated on the:
- Product
- Packaging
- Accompanying documents
Digital instructions should be provided in a paper format when:
a. A customer requests for it at the time of purchase or within 6 months after purchase
b. The delegated act requires certain information to be provided in paper format
Labelling requirements
The Regulation requires that products covered by a delegated act come with various types of labelling information. Below we summarise the key types of labelling information required and provide their respective descriptions.
| Title | Description |
| CE marking | The CE marking indicates that the product conforms to the requirements of this Regulation. |
| Notified body identification number | The identification number of a notified body must follow the CE Marking (if applicable). |
| Special risk or use pictograms | Pictograms or marks indicating special risks or uses can follow CE marking (if applicable). |
| Traceability information | You need to show information such as the following:
|
| Data carrier | The data carrier allows to access the digital product passport information. Here are some examples of what a data carrier can look like:
|
| Information requirements | Delegated acts can contain information requirements that should appear on the product’s label, like information on:
|
Information requirements should be displayed in the digital product passport but delegated acts may require them to be placed:
a. In a label
b. On the product itself
c. On its packaging
With regards to the energy label for energy-related products under Energy Labelling Framework Regulation (EU) 2017/1369, classes of performance determined based on this Regulation should be included in the energy label as provided for in the delegated acts.
Mimicking labels
Providing labelling information that mimics the labelling requirements of delegated acts or any other information that is likely to mislead or confuse customers or potential customers concerning the requirements is prohibited.
Rules concerning unsold consumer products
The Regulation requires manufacturers, importers and other economic operators related to the product to take measures concerning the destruction of unsold consumer products.
Such measures should reasonably be expected to prevent the need to destroy such products. However, if such products are destroyed the regulation requires information relating to the discarding of products to be disclosed on the economic operator’s website.
Additionally, the Regulation prohibits the destruction of unsold consumer products listed in Annex VII (e.g. apparel and footwear products). More products may be added to the Annex in the future.
Note that the above disclosure and prohibition requirements do not apply to micro and small enterprises (SMEs), and only apply to medium-sized enterprises from 19 July 2030. Both terms are defined in Annex I of the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC).
Product testing
Whether testing is mandatory under the Regulation depends on whether your product is affected by a delegated act, which may contain ecodesign requirements that require testing. This would involve testing the product through a lab testing company and retrieving lab test reports demonstrating that the product complies with the applicable requirements.
Even if the delegated act does not contain performance requirements, you may still need lab testing to comply with information requirements (e.g. to test for the presence of substances of concern).
FAQ
When is the Ecodesign for Sustainable Products Regulation effective?
The effective date for the Regulation is 18 July 2024. However, delegated acts adopted based on the Regulation will be rolled out over time. The Regulation states that the first delegated act to be adopted should not enter into force before 19 July 2025.
Does the Ecodesign for Sustainable Products Regulation cover electronics?
The Regulation affects all physical products, including electronic products. However, there isn’t a delegated act published yet. We note that the working plan, which will be adopted by 19 April 2025, mentions:
- Information and communication technology products
- Other electronics
Does the Ecodesign for Sustainable Products Regulation cover textiles?
Like the previous answer, the Regulation affects all physical products, including textiles. However, there isn’t a delegated act published yet. We note that the working plan mentions textiles, in particular garments and footwear.
However, at the time of writing, we do not know what aspects of ecodesign future delegated act will cover.
Additionally, the Regulation prohibits the destruction of the following unsold consumer products listed in Annex VII:
- Apparel and clothing accessories
- Footwear
Does the Ecodesign for Sustainable Products Regulation cover packaging material?
According to our research, the Regulation does not explicitly states that it covers packaging. However, Recital 25 of the Regulation states that it may complement the Packaging and Packaging Waste Directive by setting “product-based requirements” that cover the packaging of such a products.
For example, the Ecodesign for Sustainable Products Regulation could set requirements that aim at minimising the amount of packaged used in covered products (e.g. electronics).
Do we need both a Digital Product Passport and a Declaration of Conformity?
Yes, both the digital product passport and the Declaration of Conformity are required.
Will the Ecodesign for Sustainable Products Regulation prohibit the disposal of products?
Unsold customer products that must not be destroyed are listed in Annex VII. For now, the Annex only mentions apparel and clothing accessories, and footwear. However, the Regulation states that more products may be added to the list.
