Key Terms
- Ecodesign
- The integration of environmental sustainability considerations into the characteristics of a product and the processes throughout its value chain [Art. 2(6)].
- Digital Product Passport (DPP)
- A structured data set specific to a product, containing information specified in the applicable delegated act, accessible via electronic means through a data carrier such as a QR code [Art. 2(28)].
- Substance of concern
- A substance meeting SVHC criteria under REACH, classified under CLP for hazards like carcinogenicity, mutagenicity, reproductive toxicity, endocrine disruption, PBT/vPvB properties, or that negatively affects reuse and recycling [Art. 2(27)].
- Performance requirement
- A quantitative or non-quantitative requirement for a product to achieve a certain performance level in relation to product parameters listed in Annex I, such as durability, energy efficiency, or recycled content [Art. 2(8)].
- Information requirement
- An obligation for a product to be accompanied by specified information as set out in Article 7(2), including substance-of-concern data, carbon footprint, and repair instructions [Art. 2(9)].
- Premature obsolescence
- A product design feature or subsequent action resulting in a product becoming non-functional or performing less well, where the decline is not the result of normal wear and tear [Art. 2(21)].
- Self-regulation measure
- A voluntary agreement or code of conduct concluded by economic operators covering at least 80% market share, submitted as an alternative to Commission-adopted delegated acts for specific product groups [Art. 2(38), Art. 21].
- Unique product identifier
- A unique string of characters for the identification of a product that also enables a web link to the Digital Product Passport [Art. 2(30)].
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Frequently Asked Questions
Which products does the ESPR cover?
The ESPR applies to all physical goods placed on the EU market or put into service, including components and intermediate products [Art. 1(2)]. Excluded are food, feed, medicinal products, veterinary medicines, living organisms, products of human origin, reproductive plant/animal products, and certain vehicles already covered by sector-specific EU legislation [Art. 1(2)(a)-(h)]. Concrete ecodesign requirements are set product group by product group through Commission delegated acts [Art. 4].
What is the Digital Product Passport and when is it required?
The Digital Product Passport (DPP) is a set of product-specific data accessible via a data carrier (e.g. QR code) on the product itself [Art. 2(28), Art. 9]. It will contain information on durability, repairability, recycled content, substances of concern, and carbon footprint — as specified per product group in delegated acts. The DPP registry must be operational by 19 July 2026 [Art. 13]. DPP requirements become mandatory for each product group once the relevant delegated act applies.
Can unsold consumer products still be destroyed?
From 19 July 2026, the destruction of unsold consumer products listed in Annex VII is prohibited [Art. 25]. Micro and small enterprises are exempt. Medium-sized enterprises have until 19 July 2030 to comply [Art. 25(2)]. Limited derogations exist for health, hygiene, or safety reasons, irreparable damage, counterfeits, and cases where destruction causes the least environmental harm [Art. 25(5)]. Economic operators must disclose annually how many unsold products were discarded and why [Art. 24].
What penalties apply for non-compliance with the ESPR?
Penalties are determined by each Member State and must be effective, proportionate, and dissuasive [Art. 74(1)]. The Regulation requires that Member States be able to impose at minimum fines and time-limited exclusion from public procurement [Art. 74(3)]. Penalty severity must reflect the nature and duration of the infringement, economic benefits derived, environmental damage, and whether the breach was intentional or negligent [Art. 74(2)]. Additionally, non-compliant products can be withdrawn from the market or recalled [Art. 69].
How does the ESPR relate to the old Ecodesign Directive 2009/125/EC?
The ESPR repeals Directive 2009/125/EC with effect from 18 July 2024 [Art. 79(1)]. However, existing implementing measures under the old Directive continue to apply transitionally — until 31 December 2026 for most energy-related products (e.g. heaters, air conditioners, servers), and until 31 December 2030 for technical amendments to other implementing measures [Art. 79(1)(a)]. Products already placed on the market under the old Directive remain subject to its conformity documentation requirements for 10 years [Art. 79(4)].
Which product groups will be regulated first?
The Commission's first working plan (due by 19 July 2025) must prioritise iron and steel, aluminium, textiles (especially garments and footwear), furniture (including mattresses), tyres, detergents, paints, lubricants, chemicals, energy-related products, and ICT/electronics [Art. 18(2)]. The first delegated act may not enter into force before 19 July 2025, and operators must receive at least 18 months to comply after a delegated act enters into force [Art. 4(4), Art. 4(7)].
What are the obligations for online marketplaces?
Providers of online marketplaces that allow the sale of products covered by ESPR delegated acts must cooperate with market surveillance authorities [Art. 2(54)]. Products sold via distance selling must comply with the same ecodesign requirements, and data carriers for the DPP must be accessible to customers before any binding purchase contract is concluded [Art. 9(4)]. Market surveillance authorities can require online marketplaces to remove non-compliant product listings.
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