ESPR: It’s time to take action!

Proposed in March 2022, the final version of the ESPR was adopted at the end of May 2024 and officially enters into force on the 18th July. The potential impact of the ESPR was demonstrated with the implementation of the 2009 Ecodesign Directive. Targeting only electronic equipment, it saved EUR 120 billion in energy expenditure for European consumers. This led to a 10% decrease in annual energy consumption among the 31 affected product groups. The new ESPR which targets almost all product types on the market, is expected to lead to energy savings equivalent to approximately 150 billion cubic meters of natural gas, almost equivalent to the EU’s import of Russian gas.

Understanding ESPR

The ESPR is a framework legislation that sets the performance and information requirements for a broad range of physical goods and intermediate materials. This regulation enables the future adoption of product-specific, Delegated Act measures to be established through regularly updated, multi-annual working plans that will develop priorities for the individual product groups.

The ESPR has a strong focus on product information and introduces the “Digital Product Passport” (DPP). The DPP shares the adoption timeline of the ESPR and targets the same priority product groups. Its purpose is to ensure that stakeholders such as consumers, authorities, or NGOs have digital access to product-specific information. This data aims to support transparency in the first instance in addition to circular economy, decarbonisation, and sustainability.

Some of the general principles introduced by the ESPR target unnecessary product destruction by making it mandatory for economic operators to “take necessary measures which can be reasonably expected to prevent the need to destroy unsold consumer products” (art. 23).

The ESPR also increases market surveillance to allow for improved enforcement. The Delegated Acts will provide verification requirements to support market surveillance, with the European Commission and Member States sharing responsibilities to ensure a smooth application.

The rules proposed under the ESPR will apply to all products placed on the EU market, whether produced inside or outside the EU and will be compliant with international trade rules.

What product groups are affected?

The product groups affected by the first working plan are iron, steel, aluminium, textiles, furniture, tyres, detergents, paints, lubricants, chemicals, information and communication technology products and other electronics.

Preparatory studies and impact assessments will be performed for each product group and will be submitted to the Ecodesign Forum for consultation. These will contribute to the publication of Delegated Acts on product group specific measures, which will be applicable within 18 months after the adoption of the Delegated Act.

What are the requirements of the ESPR?

The enforcement of the ESPR will result in affected product groups becoming subject to a wide range of horizontal requirements, including assessment of reliability, energy use, and the expected generation of waste materials. The illustration below outlines the complete list of assessment requirements as presented by the European Commission.