Experts from EU Member States discussed, in early May, the latest draft compromise on the proposed Ecodesign for Sustainable Products Regulation (ESPR), which will establish a framework in the European Union for the future setting of ecodesign and information requirements for all products except food, feed and medicines.
The Swedish Presidency of the EU Council’s text, dated 26 April - the fourth of its kind (see EUROPE 13164/6), will be presented as is to the Member States’ ambassadors to the EU in the hope that the relevant ministers will agree on a ‘general approach’ (negotiating position with the European Parliament) at the ‘Competitiveness’ Council on 22 May.
A harmonised regulatory framework. The compromise text consulted by EUROPE specifies that this framework will have to be harmonised - a postulate for the good functioning of the internal market - and refines the provisions relating to sustainability criteria, as well as the participation of Member States in the elaboration of eco-design requirements while avoiding bureaucracy - competitiveness being a must.
Given the importance of sustainable products for the transition to a circular and climate-neutral economy and in order to provide legal certainty for all operators involved and to prevent barriers to the internal market, it is necessary to create a harmonised regulatory framework for setting ecodesign requirements for products placed on the market, the compromise under discussion stresses.
Specified sustainability criteria. The text mentions the prevention of premature obsolescence of products in the sustainability criteria. It states that non-destructive replacement of product components is part of product reusability, enhancement and reparability, which improve the possibilities for lightweight design, refurbishment and maintenance. It also states that the search for energy and resource efficiency also concerns critical strategic raw materials.
Given that circular and sustainable business models, including those based on the resale of second-hand goods, should be encouraged, ecodesign requirements should not apply to products already placed on the market.
Products which are substantially modified or reworked to the extent that they have to be considered as new products on the market should however be subject to ecodesign requirements, if they fall within the scope of a delegated act defining them. This would not be the case for repaired or refurbished products.
Establishing an Ecodesign Expert Group. Stressing that it is of utmost importance to take into account all the expertise available in the Member States, the text proposes to set up an Ecodesign Expert Group to consult with experts designated by the Member States prior to the adoption of all delegated acts laying down ecodesign requirements under the future regulation.
According to the compromise, a performance requirement should aim to ensure that the cumulative positive impacts on all aspects and parameters resulting from the requirement outweigh the total negative impacts and that the requirement is set at the level that achieves the highest benefits in terms of environmental sustainability, while respecting cost criteria. Thus, there should be no significant negative impact on consumers in terms of affordability of the products concerned, no disproportionate negative impact on the competitiveness of economic actors, at least on SMEs, and no disproportionate administrative burden for manufacturers or other economic actors.
Therefore, when considering a combination of requirements, the Commission will need to assess them as a whole and identify the combination of requirements that offers the greatest benefits in terms of environmental sustainability, while meeting the same cost criteria.
Furthermore, when considering the preparation of delegated acts on ecodesign requirements, the Commission should avoid conflicts or overlaps between the future regulation and existing provisions.
See the final draft of the proposed compromise: https://aeur.eu/f/6rj (Original version in French by Aminata Niang)