With the ESPR, the EU launches a revolution in sustainable design
Negotiations on the EU Ecodesign for Sustainable Products Regulation (ESPR) [1] have concluded – activating a new era for sustainable products. More products will be covered by ambitious ecodesign rules, pushing the most polluting goods off the market and incentivising manufacturers to prioritise the environment. The ESPR is a victory for our planet – and for ECOS, following its longstanding call for optimised and broader ecodesign rules that apply to all sectors [2].
The Ecodesign for Sustainable Products Regulation (ESPR) will help to make sustainable products the norm in the EU. Up to 80% of environmental impacts are determined in the design phase, so it is crucial to tackle them head-on.
The ESPR is a cornerstone of sustainability. Any company that puts a product on the EU market must now design it with the environment in mind. Products will have a lower carbon footprint, use less energy and toxic chemicals, be made from more sustainable materials, be longer lasting, and be more easily repaired or recycled. This is a huge win for the environment – and for ECOS, following its many years of advocacy for wider and better ecodesign rules based on the proven success of the ESPR’s predecessor, the Ecodesign Directive [3].
It will take time to bring the ESPR to life [4] and (re)design products that do not meet the high ambitions of this legislation, but the EU has finally laid the foundations for a new era of sustainable design.
More products than ever will be brought under the ambitious ecodesign umbrella
The carbon and material footprint of products will now be covered by ecodesign rules. Reducing emissions and the extraction of raw materials is key to achieving the objectives of the EU Green Deal. This has raised the ambition of ecodesign in the EU – a big achievement.
As well as broader ambition, there is also a broader scope – with new products and sectors that were not covered by the Ecodesign Directive now falling under the ESPR, expanding its reach beyond energy-related products. Those with the highest footprints will be tackled first, avoiding delays, and allowing work to commence immediately on the most polluting sectors [5]. Priority sectors include some that ECOS has worked on for many years, like textiles (garments and footwear), furniture (including mattresses), tyres, detergents, paints, and high-impact intermediary products such as iron, steel, aluminium, lubricants, and chemicals.
The ESPR will ban one of the most wasteful practices in any economy: the destruction of unsold goods. Although some exemptions exist for SMEs, it will soon be forbidden for companies to destroy unsold apparel, clothing accessories, or footwear – with the potential for more products to be added to this list in the future by delegated acts.
The EU has moved towards toxic-free products, banning substances that inhibit recycling. In addition, substances recognised as Persistent Organic Pollutants have been included in the definition of substances of concern – a positive step.
The ESPR will be transformative, but some details are missing
Market surveillance measures and enforcement mechanisms (like sanctions for non-compliance) are weaker than we had hoped for. Without this, the ESPR cannot guarantee that rules do really bring environmental impact, while preventing unfair competition between actors who comply with the rules and those who do not.
It is unfortunate that the text does not refer more specifically to online marketplaces, with a Digital Services Act (DSA) alignment only. The DSA introduces rules for online platforms, but they do not apply to all platforms, nor clearly allocate liability online when there is no economic operator in the EU. This can create a loophole for companies to escape the EU framework on product sustainability.
Measures to address chemicals in products could have been stronger. Circularity and chemical safety cannot be separated – without the ability to address hazardous substances in product design, the circular economy will never be toxic-free. Substances that present risks to human health or the environment are not sufficiently restricted in products. The definition of substance of concern is also too narrow, overlooking some chemicals that should be tracked in supply chains.
We regret to see that the possibility of establishing voluntary industry agreements remains in the final text, as they have failed so far to be effective [6].
Once again, car lobbies have also avoided rules that would make their sector more environmentally ambitious. Motor vehicles are out of the scope of the ESPR – as it was under the Ecodesign Directive. The sector claims it is regulated already, but with the End-of-Life Vehicles Directive not due to be finalised under the current European Commission, this is not the case.
Quote
Valeria Botta, Head of Circular Economy & Nature at ECOS – Environmental Coalition on Standards, said:
“As the curtain falls on ESPR negotiations, we are delighted that products sold in the EU will be increasingly designed with sustainability in mind. Extensive in scope and ambition, these new rules mark the beginning of a new era of sustainable design – one that ECOS has been instrumental in bringing to life. It is fantastic that the destruction of unsold goods will be banned – starting with one of the biggest offenders: textiles.”
Notes to editors
[1] Q&A: New ecodesign regulation could activate an era of sustainable products, ECOS press briefing, November 2023: https://ecostandard.org/news_events/qa-new-ecodesign-regulation-could-activate-an-era-of-sustainable-products/
[2] Position paper on Ecodesign for Sustainable Products Regulation: Priorities for trilogues, ECOS, autumn 2023: https://ecostandard.org/wp-content/uploads/2023/10/2023-10-12_FINAL_ESPR-trilogues_ECOS-position-paper.pdf
[3] Ecodesign Directive 2009/125/EC: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02009L0125-20121204&from=EN
[4] For all the delegated acts, there is an 18-month transition time between their adoption and their application.
[5] Priority sectors will be focused on with a three-year working plan – to be adopted no later than nine months after the entry into force.
[6] Coolproducts article, All we want for Christmas is for the EU to finally give up on voluntary agreements: https://www.coolproducts.eu/uncategorized/all-we-want-for-christmas-is-for-the-eu-to-finally-give-up-on-voluntary-agreements/
[7] Ecodesign for Sustainable Products Regulation (ESPR) proposal, European Commission, 30 March 2022: https://environment.ec.europa.eu/publications/proposal-ecodesign-sustainable-products-regulation_en
Contact
If you have questions or would like to arrange an interview with someone at ECOS, please contact me.
Alison Grace, Press & Communications Manager at ECOS
alison.grace@ecostandard.org
+32 493 19 22 59
ECOS – Environmental Coalition on Standards is an international NGO with a network of members and experts advocating for environmentally friendly technical standards, policies, and laws.
