The Ecodesign for Sustainable Products Regulation (ESPR)

The Ecodesign for Sustainable Products Regulation (ESPR) (EU) 2024/1781, which entered into force on 18 July 2024, is an ambitious EU initiative to make environmentally sustainable products the norm in the EU and boost Europe’s resource independence. It is rooted primarily in the European Commission’s Circular Economy Action Plan of March 2020, which in turn is based on the European Green Deal of 2019.

On 30 March 2022 the European Commission had adopted a wide-scope ESPR proposal, including the creation of an EU Digital Product Passport (DPP). After an intense co-legislative process, the Council and the European Parliament had reached a provisional political agreement on the proposed regulation on 4 December 2023, as part of which the provisions were further strengthened. The ESPR was published on 28 June 2024 and entered into force on 18 July 2024, thus triggering the implementation of the Regulation. 

ESPR addressees are economic operators along the value chain, i.e. product manufacturers (both EU and non-EU), EU importers, distributors, dealers (retailers, sellers) and fulfillment service providers.   

The manufacturer, having detailed knowledge of the design and production process, is responsible for carrying out the conformity assessment procedure applicable or having it carried out on their behalf. Importers will have to ensure that the products they place on the market comply with the conformity assessment requirements and that the CE (“Conformité Européenne”, the French for European conformity) marking and documentation drawn up by manufacturers are available for inspection by the competent national authorities. Importers will also have to ensure, where applicable, that a product passport is available for those products. 

The regulation governs virtually all products placed on the market or put into service in the EU, not limited to consumer products. There are only very limited exclusions (e.g. food, feed, medicinal products, certain vehicles subject to harmonised type-approval systems). The implementation of ESPR will follow a prioritisation approach, according to multi-annual Commission working plans. Even the most sophisticated and complex systems such as space technologies or medical devices may be regulated at some stage. In the 1st ESPR working plan, which shall be adopted by 19 April 2025, the Commission shall prioritise the following 11 product groups: 

There is no definition as such for environmental sustainability in the ESPR. However, the 16 product aspects listed in Article 5(1) are circumscribing this scope, encompassing “all aspects of circularity” (see recital (119)):  

Ecodesign requirements are at the core of the ESPR proposal. They always require the adoption of a Commission delegated act for a specific product group, unless ‘horizontal’ requirements covering several are set. Ecodesign requirements may address a broad range of aspects to make products more durable, reliable and circular, and minimise their environmental impact throughout the life cycle. The inclusion of social aspects should be evaluated after four years, for now they are to be considered under the Corporate Sustainability Due Diligence Directive (CSDDD) (EU) 2024/1760. Ecodesign requirements comprise performance requirements (e.g. minimum quantities of recycled content, restriction of certain substances inhibiting circularity) and/or information requirements; the latter shall include, as a minimum, requirements related to the DPP and to Substances of Concern (SoC).

Substances of Concern are defined broadly in Article 2(27), including four categories: 

However, it is important to note that ESPR provisions allow exemptions for certain SoCs when defining product-specific information requirements. Equally, the possibility to restrict substances in products for reasons of circularity is not limited to SoCs. Therefore, the scope of ESPR-regulated substances is expected to be product-specific. 

The DPP is foreseen as a decentralised tool to electronically register, process and share product-related information amongst supply chain businesses, authorities and consumers. Data access is enabled through a data carrier and a unique identifier. An EU-funded project called “CIRPASS-2” (May 2024 until April 2027) aims to demonstrate functioning DPPs in real settings through circular pilot deployments and use cases in textiles, electrical and electronic equipment, tyres and construction value chains.. The European Commission expects DPPs on the  market from 2027/2028. For batteries, a dedicated passport will be introduced by 18 February 2027 under Regulation (EU) 2023/1542 (Batteries Regulation).

The actor that puts the product on the market will be responsible. Manufacturers and EU importers of regulated products will have to ensure that a product passport in accordance with the applicable delegated act is available.

The “manufacturer” definition is not explicitly limited to EU entities. The European Commission Impact Assessment for ESPR also states that requirements “apply in a non-discriminatory manner to EU and non-EU companies”. Therefore, non-EU manufacturers of regulated products are currently expected to have the same ESPR compliance obligations as their EU competitors. Commission delegated acts could provide further clarity. A natural or legal person established in the EU may be mandated in writing by the manufacturer to act as an ‘authorised representative’ on the manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under ESPR. 

Deadlines and transition periods are expected to be specified in delegated acts post adoption of the ESPR during its implementation, which is expected to run at least between 2024 and 2030. The first ESPR delegated act is currently expected at the earliest in 2026 (for textiles and steel); it should have a minimum transition period of 18 months before becoming effective (i.e. around 2027/2028).  

The table hereafter provides an overview of deadlines included in the ESPR:

The industry impact will to some extent depend on the implementation of the ESPR framework by the European Commission. Key open questions today include the precise definition of product groups to be regulated according to the same requirements, the use of horizontal rules and to what extent performance requirements (with possible product changes) and / or information requirements will be set. 

Certain textiles and steel are amongst the first product groups to be regulated. Ecodesign measures on final products such as textiles are also expected to have knock-on effects for upstream suppliers, e.g. in the chemicals industry. Regardless of binding legal ecodesign measures some industries are expected to anticipate the new Substances of Concern definition and other ESPR product aspects to design and market safe and sustainable products.

Finally, ESPR should not be seen in isolation but in the context of other safety and sustainability requirements such as REACH, CLP and corporate sustainability reporting, which includes disclosure requirements for Substances of Concern. Voluntary initiatives such as the European Commission’s ‘safe and sustainable by design’ (SSbD) framework should also be taken into account.

The Commission in its proposal and the co-legislators have paid special attention to enforcement provisions in order to ensure a level playing field and effective application of ESPR and its delegated acts. Enforcement measures will be generally based on the Market Surveillance Regulation (EU) 2019/1020, complemented by ESPR provisions. Member States are to lay down penalties for non-compliance, including fines.  

Market Surveillance Authorities in the Member States will enforce product compliance rules in the internal market, whereas Customs Authorities will be in charge of controlling products entering the Union market. The European Commission will also have an important role as it will be in charge of a DPP Registry and may organise joint market surveillance and testing projects in areas of common interest. An Administrative Cooperation Group (‘ADCO’) of market surveillance authorities will meet to coordinate activities and identify common priorities.  

The co-legislators have also introduced a consumer right to claim compensation for non-compliance damage from the product’s manufacturer, EU importer or authorised representative, or fulfilment service provider; so-called “private enforcement”.  

Companies marketing products in the EU are advised to start assessing the impact of ESPR for their products, monitor the ESPR implementation process and start getting prepared for the upcoming regulation. This concerns especially first-priority products (textiles, steel, as well as related value chains, see above). Trade associations and companies may also participate as a stakeholder for the preparation of ecodesign requirements (e.g. in the new Ecodesign Forum) and DPP (e.g. in CIRPASS).  

More generally, companies are advised to raise awareness within their organisation on ESPR and the broader sustainability agenda. The same applies to the information of other actors in the supply / value chain.  

• Legal text of the ESPR, available here.
• REACHLaw Talks, ESPR: Key Requirements and Actors Affected, 24 June 2024 – available on our Youtube channel.
• European Commission website on the ESPR, available here.
• ESPR “Myths and Truths”, REACHLaw Blog post of 7 August 2024, available here. 
• Tim Becker, Ecodesign for Sustainable Products and the EU Digital Product Passport, The Commission’s ESPR Proposal of 30 March 2022 – Game-changer or Slow Burner? – Zeitschrift für Stoffrecht, Volume 19 (2022), Issue 3, available here. 
• Website of the CIRPASS-2 Consortium, including a F.A.Q. section, available here. 

Our services bring together our regulatory expertise and your product know-how, guiding you through the ESPR requirements and processes and helping you take the appropriate actions. 

REACHLaw can support your preparations for ESPR in various ways; our services include: 

• ESPR impact analysis and monitoring 
• Stakeholder consultation support  
• Support relevancy assessment of ESPR sustainability criteria 
• Acting as EU authorised representative for product manufacturers 
• Training / awareness raising for industry associations and upstream suppliers 
• Other consulting support 

Please let us know in case you are interested in our support, by sending an e-mail to .