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EU Publishes Comprehensive Guide on Ecodesign for Sustainable Products Regulation (ESPR)

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9
October 2024
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Dr Steven Brennan
The European Commission has published a comprehensive FAQ document for the Ecodesign for Sustainable Products Regulation (ESPR).
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The European Commission has released a comprehensive FAQ document to help businesses and stakeholders understand the Ecodesign for Sustainable Products Regulation (ESPR), which was formally introduced in 2024. Published on 25 September 2024, the document clarifies the regulatory scope, compliance measures, and sustainability standards that will impact industries across the EU. The ESPR focuses on improving product sustainability by addressing design, material use, and lifecycle management to reduce waste and promote recycling. The FAQ highlights key areas such as tracking Substances of Concern (SoC), the use of Digital Product Passports (DPP) for material traceability, and standards for enhancing product repairability, longevity, and recyclability. While the regulation is already in effect, many product-specific requirements won’t become mandatory until 2027, giving businesses time to adapt. The document, authored by the Directorates-General for Environment, Energy, and Internal Market (DGs ENV-ENER-GROW), serves as an essential guide for industries to meet ESPR compliance and align with the EU's sustainability goals.

What are “substances of concern” under the Ecodesign for Sustainable Products Regulation (ESPR), and how are they defined?

Under the Ecodesign for Sustainable Products Regulation (ESPR), a "substance of concern" is defined as any substance that meets one or more of the following criteria: it is identified as a Substance of Very High Concern (SVHC) under REACH, classified under specific hazard classes in the CLP Regulation, regulated under the Persistent Organic Pollutants (POPs) Regulation, or negatively impacts the reuse or recycling of materials in the product. These substances are subject to tracking and information requirements, with specific thresholds and exemptions determined in product-specific delegated acts. The aim is to enhance transparency and minimize the environmental impact of such substances throughout the product's lifecycle. See source for more details.

What is the Digital Product Passport (DPP) and how does it relate to the ESPR?

The Digital Product Passport (DPP) is a key component of the ESPR that aims to provide accessible and comprehensive product information throughout the product's lifecycle. It is designed to ensure that actors along the value chain can easily access relevant product information and that competent national authorities can verify product compliance. The DPP will be required for certain product groups under the ESPR, with the first regulations expected by mid-2027.

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The European Commission has released a detailed FAQ document to assist businesses and stakeholders in understanding the new Ecodesign for Sustainable Products Regulation (ESPR). Published on 25 September 2024, the document offers crucial insights into compliance, regulatory scope, and sustainability standards, which are set to reshape the European market.

What is the ESPR?

The Ecodesign for Sustainable Products Regulation (ESPR), formally introduced by the European Commission in 2024, is a major initiative aimed at improving the environmental sustainability of products within the EU market. The ESPR focuses on product design, materials, and lifecycle management to reduce waste, enhance recycling, and limit environmental harm.

Released on 25 September 2024, the Frequently Asked Questions (FAQ) document (Version 1.0) provides clear answers to common concerns regarding the regulation. Compiled by the Directorates-General for Environment, Energy, and Internal Market (DGs ENV-ENER-GROW), this 1.22 MB PDF clarifies the requirements that will impact manufacturers, suppliers, and consumers across the European Union.

Key Aspects Covered in the FAQ

  • Substances of Concern (SoC): The regulation includes strict rules regarding hazardous materials in products. Businesses will need to track and disclose these substances via the newly introduced Digital Product Passport (DPP). SoCs, including chemicals that disrupt recycling processes or pose environmental risks, will be closely monitored​​.
  • Digital Product Passport: The ESPR will require the use of DPPs, allowing the traceability of materials and components throughout a product’s lifecycle. This system will make information about sustainability and hazardous substances more accessible to consumers and authorities​.
  • Circular Economy: ESPR promotes the transition to a circular economy by emphasising product longevity, reparability, and recyclability. Businesses will be required to meet specific design standards to ensure products are easier to repair, reuse, and recycle.

Compliance and Timeline

The FAQ specifies that while the ESPR has come into effect, many of its product-specific requirements will not be mandatory until 2027. This timeline offers businesses time to adapt to the upcoming changes, particularly regarding tracking chemical substances and adhering to design standards aimed at improving sustainability.

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