On the night of Monday 4 to Tuesday 5 December, the Spanish Presidency of the Council of the EU and negotiators from the European Parliament and the Commission reached a political agreement on the ‘Ecodesign for Sustainable Products Regulation’ (ESPR), which will establish a general framework for setting ecodesign and information requirements for virtually all products placed on the EU market.
Seven hours of ‘trilogue’ negotiations culminated in a provisional agreement on a flagship regulation of the EU Action Plan for the Circular Economy and the European Green Deal (see EUROPE 13288/9).
“The first element that makes a product green is the brain that designs it. With the agreement reached today we want to make sure that all the sustainable dimensions of product manufacturing are taken into consideration from the very first stage of its conception”, commented the Spanish Minister for Industry and Tourism, Jordi Hereu i Boher, in a press release.
The European Parliament’s chief negotiator, Alessandra Moretti MEP (S&D, Italian), welcomed the result: “Sustainable products will become the norm, allowing consumers to save energy, repair and make smart environmental choices when they are shopping. Banning the destruction of unsold textiles and footwear will also contribute to a shift in the way fast fashion manufacturers produce their goods”.
The future regulation will repeal the Ecodesign Directive (2009/125/EC), which was limited to energy-related products. It will enable criteria to be set not only for energy efficiency but also for circularity (durability, re-use, energy consumption, recycled content, reparability, remanufacturability) and the overall reduction in the environmental and climate footprint of products placed on the EU market, whatever their origin.
Scope. The regulation will cover all products except foodstuffs, animal feed and medicines. The provisional agreement also excludes motor vehicles where these are already regulated by other legislation, as well as products with an impact on national defence or security.
Delegated/implementing acts. The Commission will adopt ecodesign requirements by means of delegated acts. Industrial manufacturers and national administrations will have 18 months after the adoption of the delegated act to adapt to the new requirements. However, in certain duly justified cases, the Commission may set an earlier application date.
The co-legislators agreed that the Commission may adopt, by means of implementing acts, mandatory requirements for public procurement in order to encourage supply and demand for environmentally sustainable products.
Priority product categories. The Commission should give priority to a certain number of product groups in its first work plan, which should be adopted no later than nine months after the regulation comes into force. These priority products include iron, steel, aluminium, textiles (including clothing and footwear), furniture (including mattresses), tyres, detergents, paints, lubricants and chemicals.
The Commission will adopt and regularly update a list of products identified on the basis of an in-depth analysis and criteria linked in particular to the EU’s climate, environmental and energy efficiency objectives.
Destruction of unsold products. Economic operators who destroy unsold consumer products will have to declare each year the quantities of products concerned and the reasons for disposing of them in this way.
The co-legislators have introduced a direct ban on the destruction of unsold textiles and footwear, as requested by the European Parliament (see EUROPE 13222/4). However, small and micro-enterprises will be exempt from this ban, while medium-sized companies will benefit from a six-year exemption. This ban will apply two years after the regulation comes into force. Over time, other sectors could be covered by these bans, if necessary. The Commission will be empowered to introduce new bans on the destruction of other types of unsold products by means of delegated acts.
Digital passport. The European digital product passport – an easily accessible label providing instant access to precise, up-to-date information on a product’s sustainability characteristics – will guarantee the transparency of information and the traceability of products.
Substances recognised as persistent organic pollutants have been included in the definition of substances of concern in products.
The Commission will manage a public web portal enabling consumers to search for and compare the information contained in product passports.
Penalties. The provisional agreement establishes certain harmonisation criteria for penalties in the event of non-compliance with ecodesign requirements, but it will be up to the competent authorities in the Member States to determine the penalties to be imposed in the event of infringement.
The Commission presented its proposal for a cleaner and more resource-efficient European Union at the end of March 2022 (see EUROPE 12922/1).
The European Commissioner for the Environment, Virginijus Sinkevičius, welcomed the agreement. “It will help us move from the hugely costly ‘take, make, break, and throw away’ model, to the circular economy in which our products are designed to last. As consumers, we will be able to benefit from durable and repairable products that have a lighter footprint on the Earth”, he said.
In the opinion of the European Commissioner for Internal Market and Industry, Thierry Breton, the agreement “will ensure a level playing field for sustainable products on the EU market and increase the competitiveness of the European industry, including at global stage”.
The agreement has yet to be confirmed by the European Parliament and the Council. The technical work required is likely to take some time, even if Parliament wants to move quickly and the Spanish Presidency hopes for a final agreement under its mandate. (Original version in French by Aminata Niang)