ESPR AND DIGITAL PRODUCT PASSPORTS

The new Ecodesign for Sustainable Products Regulation (ESPR) aims to improve circularity, energy performance and other environmental sustainability aspects of products placed on the European Union (EU) market. The framework legislation applies to almost all categories of goods, in contrast with earlier legislation, which only tackled energy-related products. A limited number of product categories are out of scope including food, feed and medicinal products.

According to the European Commission, the previous legislation saved €120 billion in energy costs for EU consumers in 2021. This resulted in a 10% lower annual energy consumption for 31 product groups in scope. 

The framework legislation applies to almost all categories of goods

The ESPR is expected to deliver significant savings, far in excess of this, by facilitating improvements in product design features, in order to ensure durability, reliability and repairability. Energy use and efficiency, recycled material content, as well as the presence of substances of concern, are also key areas of focus. The regulation will support the EU becoming less dependent on critical materials from outside the EU, from the re-use, recyclability and recovery of materials and products.

Whereas the framework legislation addresses product-specific requirements, horizontal rules will be set for product types sharing common characteristics. Product categories will be prioritised via ‘Working Plans’, which will be published on a three-year cycle.

The information in DPPs will be accessed via a data carrier

Amongst the first groups to be targeted by the ESPR are paints, lubricants, chemicals, textiles and some electronic products.

Digital Product Passports (DPPs) will be used to provide information regarding environmental sustainability, such as accessing replacement parts. They will also be used as a compliance tool. 

The information in DPPs will be accessed via a data carrier and be used to track products through supply chains. This process assists public authorities in performing compliance checks and controls. 

A DPP Registry is being put in place, as well as a web portal for customers and other interested parties, to access the information contained in digital passports. The DPP Registry number is expected to be checked by Customs Authorities with IT capability for compliance checking.

DPPs will be used to ensure that products imported from outside the EU comply

A back-up copy of the most up-to-date version of the DPP – stored by a digital product passport service provider – must be in place. The aim is to address situations where companies cease trading and ensure passports are maintained.

The regulation also imposes controls on importers, who will be required to ensure compliance with the requirements. They will need to ensure that an imported product is supported by the required technical documentation. Products will also require a DPP to be in place, with an up-to-date back-up copy and compliance of specific requirements for product types. DPPs will be used to ensure that products imported from outside the EU comply with requirements. 

Providers of online marketplaces will also be expected to take responsibility for addressing the sale of products that do not comply with Ecodesign requirements. In addition, they must co-operate with market surveillance authorities. 

A sustainable product uses less energy, lasts longer and can be easily repaired. Additionally, parts should be easy to disassemble and be put to further use. Sustainable products also contain fewer substances of concern.

The destruction of unsold products is a significant environmental problem

The destruction of unsold consumer products is seen as a significant environmental problem fuelled by the rapid growth of online sales. Measures to address this are also being introduced. Companies will be required to publish information on the amount of unsold consumer products that are destroyed. This will be extended, over time, to include a number of product categories.