EU “ecodesign” product regulation lands, together with new digital product passport

The question

What does the EU’s new regulation on ecodesign and sustainability mean for products and those who manufacture, import, deal and distribute them? 

The key takeaway

As part of the EU’s transition to a circular economy, the Ecodesign for Sustainable Products Regulation (Regulation) has come into force, setting a framework for product ecodesign requirements in the EU. The Regulation also establishes a digital product passport to give consumers better visibility of product sustainability credentials.

The background

The Regulation is the product of the European Green Deal, the EU’s flagship environmental strategy which launched in 2019 with the ultimate objective of making the EU climate neutral by 2050. As part of the European Green Deal, the European Commission proposed a number of policies, action plans and regulations which aim to foster sustainable growth across a variety of different sectors. One such initiative is the circular economy action plan (CEAP) which underlines that a circular economy is key to providing “high-quality, functional and safe products, which are efficient and affordable, last longer and are designed for reuse, repair, and high-quality recycling”. The Regulation is therefore one of the key product-related measures that is central to the aims of the CEAP.

The development

The Regulation, which came into force on 18 July 2024, aims to improve the sustainability of products on the EU market by improving their circularity, energy performance, recyclability and durability. It establishes a framework for setting ecodesign requirements with which products have to comply and it applies to a wide range of economic operators, including manufacturers of products and their authorised representatives, importers, dealers and fulfilment service providers. The Regulation covers the vast majority of physical goods that are placed on the market or put into service, with the exception of food, feed, medicinal products, living organisms and vehicles.

Key points to note from the Regulation include:

• the Regulation itself does not lay down any specific requirements for products, however it empowers the European Commission to adopt supplementary delegated acts which will set out the specific measures. The delegated acts will enter into force from 19 July 2025 at the earliest, so we are yet to see how they will impact the regulation of products in the EU
• while not setting any specific requirements for products, the Regulation does state that the ecodesign requirements, set by the forthcoming delegated acts, must improve certain product aspects. These include product durability, reliability, reusability, upgradability and repairability (to name a few)
• the Regulation requires products to comply with certain performance and information requirements as laid down by the delegated acts. Examples include requiring products to be accompanied by information on product performance, and information for customers on how to install, use, maintain and repair the product in order to minimise its impact on the environment
• ·one notable information requirement established by the Regulation is the digital product passport (DPP). This is a digital identity card for products which consumers can access and contains information relating to the product’s sustainability credentials. Notably, the Regulation states that a product cannot be placed on the market or put into service unless an accurate, complete and up to date DPP is made available. The objective of the DPP is to allow consumers to make more informed product choices in the context of sustainability.

Why is this important?

The Regulation sets a clear pathway for forthcoming product ecodesign rules which are likely to place extended obligations on economic operators who place products on the EU market or into service. Notably, manufacturers will be responsible for ensuring that their products have been designed and made in accordance with the performance requirements and the information requirements, including the digital product passports, as set by the delegated acts. Importers, on the other hand, must ensure that the manufacturer has fulfilled its obligations under the Regulation, and distributors must do the same in respect of the manufacturers and importers of the products being distributed. Failure to fulfil these obligations could lead to penalties such as fines although specific penalties are to be determined by individual Member States.

Any practical tips?

Economic operators who are subject to the Regulation should closely monitor developments regarding the delegated acts as, from 19 July 2025, they may face extensive obligations in respect of their products. Operators should proactively consider their compliance ahead of the implementation of the delegated acts to avoid incurring penalties.

Spring 2025