Commission Releases FAQ on Ecodesign for Sustainable Products Regulation (ESPR)
On 18 July 2024, the Ecodesign for Sustainable Products Regulation (ESPR) entered into force, setting the cornerstone for the European Commission’s approach to improving the circularity, energy performance, and other environmental sustainability aspects of the products placed on the EU market.
To provide clarity for businesses and the affected product groups, the Commission recently published a Frequently Asked Questions (FAQ) document answering prominent questions raised by stakeholders.
The topics covered range from the Digital product Passport (DPP), and the ESPR’s interplay with other regulations (such as the future Packaging and Packaging Waste Regulation and REACH), to the ESPR label and next steps.
Pertinent to the packaging industry, it is worth noting that the answers recall that the ESPR:
- will not set general ecodesign requirements for packaging as a product group because the PPWD/future PPWR are already covering such aspects. However, if needed, the ESPR could complement the future PPWR by setting product-based requirements that focus on the packaging of specific products; and
- will build on the methods to verify and calculate recycled content developed in the context of the Single-Use Plastics Directive to develop its testing methodology standards measuring recycled plastic in products and packaging.
Thus, the interplay with the PPWR remains limited, as the ESPR is set to complement the PPWR by setting product-specific standards.
ESPR label
Each product category regulated by delegated acts will have specific rules establishing the content, layout and display of the label. Where a DPP is available, the information must be included therein. However, if needed, the delegated acts can indicate other forms to provide the required information. In this case, one of the possibilities can be a label as referred to in Article 16.
Digital Product Passport
The answers provided acknowledge that elements of the DPP are also included in upcoming secondary legislation and regulations such as the PPWR. The minimum requirements on the content of DPPs for specific groups and digital data carriers will be set out in delegated acts.
The introduction of the DPP, linked to that of the delegated acts, will depend on the progress of the standardisation process and is expected in mid-2027.
Next steps
Once the Ecodesign Forum is created (Q4 2024, TBC), the call for membership (to be continuously ongoing) will be opened to stakeholders. The Forum will then start developing the first Working Plan, to be presented 9 months after the regulation’s EiF (Article 18; i.e. April 2025). Compliance with the ecodesign requirements established in the Working Plan will not be mandatory for economic operators until at least 18 months after the delegated acts are adopted.
The Member States Expert Group (Article 20) is the only specific sub-group foreseen at present. Nonetheless, the Commission may decide to designate additional sub-groups to examine specific questions or subject matters.
The Commission will assess the effectiveness of the market surveillance systems every 4 years through a report based on the information provided by the market surveillance authorities (Article 67). The first report is due by 30 June 2028.
In parallel, a preliminary study from the JRC on product priorities is to be published in Q3 2024 (TBC).