Ecodesign legislation

• Energy Efficiency
• Noise Emissions (depending on the product type) 
• Emissions of air pollutants (e.g. CO, NO_x, C_org) (depending on the product type)
• Durability
• Selected quality criteria
• Reparability
• Software updates: Software updates and repairs must never lead to the situation that products to no longer meet the ecodesign requirements. The energy consumption and other parameters must not deteriorate after software or firmware updates, without the end user's consent. If the user rejects an update, it must not cause a change in performance 
• Circumvention: So-called defeat devices are software, hardware or elements of the product design that change a product’s performance in particular under lab tests conditions in a way that the product appears as better performing respectively more energy efficient than it is under real-world conditions. Such devices mislead the consumer and lead to market distortion. The application of such devices is therefore prohibited. Suppliers shall not place on the market products designed with a software able to detect an ongoing test and to react specifically by automatically altering their performance. However, in current ecodesign regulations, this requirement does not exist; it will be added in the next revision. 

The ESPR is a type of framework legislation and lays the foundation for the subsequent adoption of concrete rules, either on a product-by-product basis or horizontally - based on groups of products with similar characteristics. 

The process will begin with a prioritisation exercise. In the first half of 2025, the Commission will adopt the first ESPR working plan, setting out which products will be prioritised over the coming years. Development of product rules will then start, based on inclusive planning, detailed impact assessments and regular stakeholder consultation within a dedicated Ecodesign Forum.

Find out more about the implementation of the ESPR here: https://green-business.ec.europa.eu/implementing-ecodesign-sustainable-products-regulation_en

New rules for designing products

The ESPR introduces new rules for designing products -known as ‘ecodesign requirements’ – for almost all categories of physical goods, including:

• Improving product durability, reusability, upgradability and reparability.
• Enhancing the possibility of product maintenance and refurbishment.
• Making products more energy and resource-efficient.
• Addressing the presence of substances that inhibit circularity.
• Increasing recycled content.
• Making products easier to remanufacture and recycle.
• Setting rules on carbon and environmental footprints.
• Limiting the generation of waste.
• Improving the availability of information on product sustainability.

New measures

The ESPR also contains several other new measures:

·         Digital product passport.

·         Rules to address the destruction of unsold consumer products.

·         Green Public Procurement.

These changes will ensure the same rules apply across all EU countries, preventing different laws in each country. They will also open new opportunities for businesses, particularly in areas like repairing, recycling, and creating innovative, sustainable products.

Find more information about the new measures here: https://green-business.ec.europa.eu/implementing-ecodesign-sustainable-products-regulation_en#digital-product-passport

• Introduction with general information; no obligations are addressed here. 
• Articles: Providing general information on scope, definitions etc. 
  • Article 1 – Specification of the scope of the regulation (i.e., which products are covered, also indicating exempted product types)
  • Article 2 – List of technical definitions 
  • Article 3 – Indication concerning minimum requirements (which are specified in detail in the annex)
  • Article 4 – Basic information concerning the proof of product conformity by suppliers (described in more detail in the annex)
  • Article 5 – Basic information on the conformity check procedure by MSAs 
  • Article 6 – Information that any measures leading to circumvention are forbidden 
  • Article 7 – Obligations related to software updates 
  • Article 8 – Reference to benchmarks for best-performing products (provided in the annex) 
  • Article 9 – Approximate date of the revision of the regulation and topics to be considered for the revision
  • Further articles might include various information (amend other regulations, put them out of force and define transitional measures, e.g., which obligations can be applied when during the shift from an current to a new regulation)
  • The last article specifies the data of entry into force of the regulation
• Annexes 
  All regulations contain several annexes, where the various requirements of the regulation are explained in detail. Typically, the following annexes are included: 
  • Annex I – Lists further definitions needed for the annexes
  • Annex II – Provides detailed descriptions of the ecodesign requirements 
  • Annex III – Provides explanations, how parameters shall be measured or calculated by suppliers (if not specified in (harmonized) standards) 
  • Annex IV – Specifies, how MSAs have to check product compliance 
  • Annex V – Lists benchmarks for relevant parameters of currently best-performing products