Sustainability Requirements for Products under New Ecodesign Regulation

The European Council’s new Ecodesign Regulation will introduce new sustainability requirements for a range of products. Jay Sattin, Planning & Environment partner, discusses the key provisions, their timings and what they mean for stakeholders in the products space.

The eco-friendly design of goods is of crucial importance to the EU’s environmental goals. The European Council recently approved the new Ecodesign for Sustainable Products Regulation (the Ecodesign Regulation). The law entered into force on 18 July 2024 with the majority of the product requirements expected to apply from 2027/2028.

The Ecodesign Regulation applies to nearly all goods that are placed on the EU market. This is a much broader scope than the Ecodesign Directive 2009 which is limited in scope to energy related products.

At its core, the Ecodesign Regulation:

• Sets environmental sustainability requirements for goods placed on the EU market
• Establishes a digital product passport to provide information about a product’s environmental footprint, and
• Prohibits the destruction of certain unsold consumer goods

Scope

The Ecodesign Regulation applies to “any physical goods” placed on the EU market. It applies to goods produced both inside and outside of the EU. Some exemptions apply to goods such as food, medicinal products and plants.

The Regulation does not specify sustainability requirements for certain products. Rather, it creates a framework for the European Commission to specify what these requirements are. The requirements may include the following:

• Product durability, reusability, upgradability and reparability
• Presence of substances that inhibit circularity
• Energy and resource efficiency
• Recycled content
• Remanufacturing and recycling, and
• Carbon and environmental footprint

Certain resource-intensive product groups will be prioritised by the European Commission. These include:

• Iron and steel
• Aluminum
• Textiles
• Information and communications technology, and
• Electronics

The European Commission has already commenced preparatory work on textile requirements. It will continue to outline priority products every three years in a dedicated workplan.

Digital product passport

The Ecodesign Regulation establishes a single, digital entry point to access information about the environmental sustainability of products (Digital Product Passport). This information will be easily accessible by scanning a data carrier. It will include details on a product’s durability, reparability, recycled content as well as the availability of spare parts. The Digital Product Passport aims to help consumers and businesses make informed choices when purchasing products. It also seeks to facilitate repairs and recycling. Additionally, it aims to improve transparency about a product’s impact on the environment. The Digital Product Passport will also help enforcement authorities to perform checks and controls on products.

Ban on destruction of textiles

From 19 July 2026, the destruction of unsold textiles and footwear will be prohibited under the new Regulation. There will be a temporary exemption from this for small and medium enterprises. The European Commission will be empowered to introduce similar measures for other goods in the future.

Disclosure on unsold products

Where economic operators discard unsold goods, they will be required to disclose this prominently as a notice on their website, with the format to be confirmed by July 2025. The notice will have to include:

• The quantity and weight of unsold products
• The reasons for their disposal, and
• The measures put in place to prevent this going forward

Penalties

It is anticipated that national market surveillance authorities will play a prominent role in enforcing the Regulation. Member States will have to introduce penalties for non-compliance through national legislation. These will include fines and time-limited exclusions from public procurement procedures, amongst others.

Conclusion

The Ecodesign Regulation is a substantial development for the EU market. It is a key step towards a circular economy. Although the majority of the requirements will not be in place until 2027 at the earliest, stakeholders should familiarise themselves with the direction of travel under the Regulation. Sustainability requirements will be prescribed for specific products in accordance with the new framework. Organisations, along the product supply chains, will need to ensure they then put processes in place with sufficient time to achieve compliance.

For more information and helpful advice about the Ecodesign Regulation, contact a member of our Planning and Environment team.

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The content of this article is provided for information purposes only and does not constitute legal or other advice.