After two ministerial discussions, EU Member States are ready to move forward at technical level on the proposed EU Ecodesign for Sustainable Products Regulation (ESPR), which will establish a framework for setting ecodesign and information requirements for all products except food, feed and medicines.
Refining the positions on the division of powers between the Commission and the Council (implementing acts and delegated acts under comitology rules) for this framework regulation of March 2022 will be the objective of the next phase of technical work, as agreed by the EU27 ambassadors to the EU (Coreper) on Thursday 23 March, following the approach suggested by the Swedish Presidency.
Since September 2022, Member States have said they wanted to have a say in the development of future ecodesign standards, deploring too much reliance on delegated acts (see EUROPE 13032/3) - a concern reiterated in December (see EUROPE 13075/5).
In a preparatory note to Coreper, seen by EUROPE, the Presidency suggested that Member States revert to delegated acts for setting ecodesign requirements by adding clearer criteria and principles, which would better limit and frame how the Commission can use its power to develop ecodesign requirements.
It would also ensure Member States are better involved in setting ecodesign requirements through the Ecodesign Expert Group. However, implementing acts could still be foreseen for other types of requirements under the proposal.
The Swedish Presidency is keen to make progress in the working party, in the hope that the EU Council will be able to decide on its position (a general approach) during its term as Council President (see EUROPE 13107/6).
The next meeting of the EU ‘Competitiveness’ Council (Internal Market and Industry) is scheduled for 22 May.
As a reminder, the Commission recently launched a public consultation on which product categories and measures would be prioritised for the establishment of specific ecodesign requirements under the future ESPR (see EUROPE 13112/17).
See the note from the Swedish Presidency: https://aeur.eu/f/60v (Original version in French by Aminata Niang)