Eco-friendly design requirement in force

On 27 May 2024, the Council of the EU approved the Ecodesign Regulation for sustainable products, which is now considered adopted and came into force on 18 July 2024.

The Ecodesign Regulation aims to establish a framework for setting environmental product design requirements that must be met before products can be placed on the market or put into service in the EU. The regulation aims to increase the sustainability of products and improve circularity with the aim of making sustainable products the standard in the internal market and reducing the overall carbon and environmental footprint that these products generate throughout their life cycle.

Which products are covered?

The Ecodesign Regulation builds on the experience from the Ecodesign Directive, which has contributed to reduce the energy consumption of energy-related products by 10 % and saved EUR 120 billion in energy costs. The scope of the regulation has been significantly expanded, setting 'ecodesign' requirements for almost all product groups sold on the European market with the exception of motor vehicles, food, feed, animals and medicine. The specific product requirements for each product group are set by the European Commission via delegated acts and will be implemented gradually towards 2030.

Examples of products covered include the following:

• Textiles, including clothing and shoes
• Toys
• Furniture
• Appliances, batteries and other electrical products
• Detergents and cleaning products
• Iron, steel and aluminium
• Paints and chemicals

What are the ecodesign requirements?

The Ecodesign Regulation empowers the Commission to adopt delegated acts to set specific ecodesign requirements, after which industry has 18 months to fulfil them. The regulation specifies the minimum requirements that the Commission is obligated to set in the delegated acts.

The specific ecodesign product requirements to be set by the Commission are to relate to performance and product information. Product performance requirements imply requirements for specific product parameters that improve product durability, recyclability, energy consumption, etc. if these are relevant for the product group in question. Examples include requirements for minimum or maximum levels of energy consumption during the production phase or the amount of a given material used in the product. In addition, the Commission must establish information requirements for the products, which must at least include requirements regarding (i) digital product passport and (ii) information on substances of concern.

Below is an overview of some of the requirements that the Commission is able to set under the Regulation:

Performance requirements

Requirements for parameters that improve product performance:

• Durability
• Reliability
• Reusability
• Upgrade options
• Repairability
• The possibility of maintenance and renovation
• Energy consumption and energy efficiency
• Water consumption and water efficiency
• Environmental impact, including carbon and environmental footprint

Information requirements

Mandatory disclosure requirements:

• Digital product passport
• Information on substances of concern

Other information requirements:

• Information for customers/operators on installation, usability, maintenance, etc.
• Information about returning or handling end-of-life products

Digital product passport

The regulation introduces a digital product passport to be made available to all players in the product value chain. The product passport is a technical solution to document digital sustainability data of the life cycle of physical products and allows for the verification, management and visibility of product sustainability in practice. The Product Passport aims to empower consumers, businesses, public institutions and end-users to make informed and more sustainable choices when shopping and support access to relevant product information by repairers or recyclers.

The information in the product passport depends on the specific product, but will include information about product performance, including durability and recyclability, the presence of chemical substances, energy consumption and energy efficiency, recycled content, etc. In addition, it is a requirement that the product provides information about the manufacturer and importer.

Relationship with SMEs

The regulation introduces a significant administrative burden on enterprises, with small and medium-sized enterprises being hit the hardest. When adopting delegated acts, the Commission makes sure to include digital tools and guidelines adapted to the needs of SMEs in the relevant product sectors. This should help enterprises comply with the regulation by easing the administrative burden. In addition, Member States must take the appropriate measures to help SMEs comply with the ecodesign requirements. This help can include financial support, access to finance, staff training and technical assistance.

Ban on the destruction of unsold consumer products

As part of achieving a more sustainable and circular economy, the regulation has introduced a ban on the destruction of unsold consumer products from 19 July 2026. The ban includes the destruction of certain types of clothing and accessories and certain types of footwear. Micro and small enterprises are not covered, while the ban will only apply to medium-sized enterprises from 2030. The ban aims to put an end to the so-called "use and throw away culture", which is harmful to the environment and the economy. The term 'consumer products' refers to products intended for consumers, including products that have not been offered for sale or products that have been returned by consumers. The term 'destruction' refers to recycling, other recovery and disposal. Thus, preparation for re-use, refurbishment and remanufacturing are not considered destruction.