The Council of the European Union has adopted the Ecodesign Regulation, which sets new requirements for the sustainability of products. This regulation replaces the existing Ecodesign Directive and extends its scope beyond energy-related products to all goods placed on the EU market. Manufacturers will now have to design products in a way that reduces energy consumption and minimises negative environmental impacts.
After being signed by the President of the European Parliament and the President of the Council, the regulation will be published in the Official Journal of the European Union and will enter into force on the 20th day following its publication. The regulation will apply from 24 months after its entry into force.
Expanding the scope of sustainability
The new regulation introduces a broader approach to sustainability and ecodesign, covering aspects such as efficiency, durability, carbon footprint and recycled content.
According to the regulation, all products entering the EU must meet its requirements, including the specific ecodesign criteria set out in Article 5. These criteria include recycled content, ecological footprint, durability, reliability, longevity, reparability, maintainability, presence of substances of concern, recyclability, material recovery and remanufacturing.
Framework for specific requirements
The Regulation sets out general requirements for products, while allowing for the adoption of specific requirements through delegated acts of the European Commission. These acts will set out specific ecodesign requirements for certain products and the relevant conformity assessment procedures.
When setting these requirements, the Commission must allow economic operators sufficient time to comply, and the date of application of the delegated act cannot be shorter than 18 months from its entry into force, except in duly justified cases.
Multiannual working plans and product groups
The Regulation requires regularly updated multiannual working plans setting out the priorities of the European Commission. The first plan prioritises product groups such as iron and steel, aluminium, textiles (especially clothing and footwear), furniture (including mattresses), tyres, detergents, paints and lubricants. The first ecodesign measures for these products are expected to be adopted by 2026.
Digital Product Passports and Information
A strong focus is placed on the product information to be included in digital product passports, labels and information requirements. Companies must ensure that the information in the passports is authentic, reliable and verified according to the requirements set out in the specific delegated act for each product group. In addition, a backup copy of the digital product passport must be kept by a certified third-party product passport service provider, and a copy of the data carrier or the unique product identifier must be provided to traders and online marketplaces selling the product.
New instruments and public procurement
The regulation introduces new instruments such as mandatory green public procurement, with mandatory criteria to be set for contracting authorities. The targets require that at least 50% of public procurement on an annual or multiannual basis is for the most sustainable products, conducted at the level of contracting authorities or entities, or at national level.
Preventing the destruction of unsold goods
Another instrument aims to prevent the destruction of unsold consumer goods through transparency requirements for the disposal of unsold items and the possibility of banning their destruction for certain product groups.
The Commission is empowered to adopt delegated acts to ban such a ban, with the first ban covering clothing and footwear: two years after the entry into force of the regulation for large enterprises and six years for medium-sized enterprises.
Economic operators will have to take reasonable measures to prevent the need to destroy unsold consumer products. In addition, the rules oblige large companies to disclose the annual quantities of unsold goods they dispose of and the reasons for doing so.
Market surveillance and customs control
Market surveillance and customs control will have a strong focus on the control of regulated products, including planned surveillance activities.
Establishment of an Ecodesign Forum
The first step after the publication of the Regulation in the Official Journal of the EU will be the establishment of an Ecodesign Forum in which stakeholders can participate. The first meeting of the Forum is expected in late 2024 or early 2025.
This new Regulation represents a significant step towards a more sustainable and greener EU market, creating a framework for future product design and sustainability standards.