Significant new sustainable product law for those exporting to the EU.

The 18th July saw the EU bring into force the Ecodesign for Sustainable Products Regulation (ESPR) (EU) 2024/1781.

This law is designed to be the cornerstone of the European Commission’s approach to more environmentally sustainable and circular products, aiming to achieve objectives set out in the 2020 Circular Economy Action Plan.

The Regulation aims to stimulate the production and consumption of sustainable products that are energy efficient in use, last longer, rely on recycled materials instead of primary raw materials and are marketed using circular business models. It builds on and replaces the existing Ecodesign Directive, but crucially extends the scope of products which can be regulated from energy-related products to all physical products on the internal market (with a few exceptions).

It is worth saying however that it will only apply where there is not already existing legislation or when existing legislation does not sufficiently address the sustainability of those products. Many types of energy-related products in Great Britain and Northern Ireland for example are already regulated by the Ecodesign for Energy-Related Products Regulations 2010.

The Regulation defines the ‘ecodesign requirements’ of a sustainable product as one which displays one or more of the following characteristics:

  • Uses less energy
  • Lasts longer
  • Can be easily repaired
  • Parts can be easily disassembled and put to further use
  • Contains fewer substances of concern
  • Can be easily recycled
  • Contains more recycled content
  • Has a lower carbon and environmental footprint over its lifecycle

For group of products which share similar characteristics, the framework allows horizontal rules to be set.

One new element to the Regulations is the introduction of a Digital Product Passport (DPP). This will store relevant information to support products’ sustainability, promote their circularity and strengthen legal compliance. It will be available electronically allowing easy access by customers, manufacturers and authorities to make more informed decisions related to sustainability, circularity and regulatory compliance.

The Regulation is a framework legislation, meaning firm product rules will be decided progressively over time, on a product-by-product basis, or horizontally, on the basis of groups of products with similar characteristics. 18 new delegated acts are expected between 2024 and 2027, with a further 12 adopted between 2028 and 2030. A working Plan will be published in the next 9 months allowing stakeholders to keep informed about products and measures being assessed.

The impact of the Regulations will be reflected beyond Europe, given today’s supply chains are inherently global. As a result, minimum requirements will apply to all products entering the EU market, which means GB manufacturers wishing to trade in the EU including via online sales will need to ensure their products comply with the regulations.

In order to ensure you are kept aware of changes to legislation affecting you, and can plan for maintaining future compliance, keep checking our website or socials, and give EHS Management a call on 07764302858, or drop us a line here.