The ministers responsible for the Internal Market and Industry of the Member States reached, on Monday 22 May, a political agreement (‘general approach’) in the Council of the EU on the Ecodesign for Sustainable Products Regulation (‘ESPR’ Regulation), which will establish a framework for setting harmonised ecodesign and information requirements in the EU for categories of products physically placed on the EU market except food, feed, and medicines.
The EU ‘Competitiveness’ Council validated the Swedish Presidency’s compromise which was approved by the EU27 Ambassadors to the EU (Coreper) on 12 May after reintroducing Article 20b on the ban on the destruction of unsold consumer products (see EUROPE 13181/12). In doing so, it has adopted its negotiating position.
Italy filed a statement for the record of the meeting to point out that the text does not fully respect the balance between different interests. It hopes for “an improvement of the regulation to avoid a negative impact on the business fabric, especially SMEs, particularly in the textile sector”.
Supporting delegations (such as Bulgaria, Croatia, Hungary, Latvia, Malta, Portugal, Romania and Slovakia) said they were counting on the interinstitutional negotiations to address their concerns about SMEs and the lack of an impact assessment of a ban on the destruction of unsold goods. In their view, the regulation should remain a framework regulation.
Germany also tabled a statement calling for increased climate neutrality in public procurement, more ambition for resource efficiency and simplified procedures for customs to operate.
On behalf of the Swedish Presidency, Ebba Busch, Minister for Energy, Enterprise and Industry, welcomed the agreement on “a regulation that is the cornerstone of our ambitions for a green, circular economy and a single market for circular and environmentally sustainable products”.
The EU Council specifies the criteria to be taken into account to make products energy and resource efficient, but also more durable, reliable, reusable, upgradeable, repairable, recyclable and easier to maintain.
It excludes motor vehicles from the scope, as these products are already covered by other legislation.
It proposes to set up an Ecodesign Expert Group to consult with experts nominated by Member States prior to the adoption of all delegated acts laying down ecodesign requirements under the future regulation.
Instead of a simple disclosure by operators of information on the destruction of unsold consumer products, the EU Council introduces a direct ban on the destruction of textiles, footwear and clothing, with a four-year derogation for medium-sized enterprises and a general derogation for small and micro enterprises.
It also ensures the protection of trade secrets in the ‘Digital Product Passport’.
The EU Council provides for a minimum transition period of 18 months after the entry into force of the delegated act laying down ecodesign requirements before it starts to apply to give economic operators time to adapt. Member States will have two years to adopt the necessary national measures, including market surveillance and fines.
The EU Commissioner for the Environment, Virginijus Sinkevičius, reserved his institution’s position at this stage pending the European Parliament’s decision (see EUROPE 13098/2), but welcomed the fact that the EU Council had not “lowered the bar, which was very high”. According to him, all ministers have “understood the potential of the circular economy and eco-design”.
On behalf of Spain, which will hold the EU Council Presidency in July, the Spanish Secretary of State, Pascual Ignacio Navarro Rios, said he had taken note of the comments, assuring ministers that his country would take them into account to reach a final agreement that would satisfy all parties.
To see the EU Council’s position: https://aeur.eu/f/700 (Original version in French by Aminata Niang)