A short introduction to the EU’s Ecodesign for Sustainable Products Regulation
- Full name: Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (ESPR)
- Applies from: 18 July 2024
- Where can I find it: The ESPR is available here.
As things can change, always check for the latest version of the legislation and any guidance provided.
What is it about?
The ESPR:
- Introduces a new ban on the destruction of certain unsold consumer goods.
- Introduces new disclosure requirements.
- Establishes a framework for introducing new product design requirements which physical products must comply with to be placed on the EU market or put into service in the EU.
It replaces the EU’s previous Ecodesign Directive 2009/125/EC, significantly expanding the range of physical products required to comply and the types of requirements applicable.
Who and what does it apply to?
The ESPR is relevant to EU and non-EU companies placing physical products on the EU market or putting those products into service, including intermediate products (such as steel and aluminium) and product components. Only a few product categories are exempt, e.g. certain motor vehicles, medicinal and veterinary products, food, feed and living organisms.
Overview of requirements
The ESPR contains certain requirements on the destruction of unsold goods. While some of these requirements already apply, businesses should be preparing now for new disclosure requirements covering FY2025 data and a strict ban on destruction which starts to apply from 19 July 2026 (see the “Key dates” section below for more).
However, most of the ESPR’s anticipated requirements (including ecodesign, information and digital product passport requirements) are product-specific and will be set out along with compliance deadlines in additional secondary legislation which is being developed on a product-by-product basis.
Destruction of unsold goods requirements
The following new requirements concern consumer products and apply without the need for further legislation:
- An obligation to take necessary measures to prevent the need to destroy unsold consumer products. This started to apply from 18 July 2024.
- A requirement to publish annual website disclosures on the destruction of unsold consumer products. Businesses must publish the quantities of unsold consumer products they discard each year, their reasons for doing so and the measures planned to prevent future destruction. This requirement applies to businesses’ financial years starting on or after 18 July 2024, with publication due 12 months after year-end. For most, this will involve reporting in 2026 on FY2025 data.
- A ban on the destruction of certain unsold consumer products. The ban applies to unsold consumer footwear, apparel and clothing accessories. The European Commission has also been given the power to prohibit the destruction of other categories of products in the future (e.g. unsold small electronics).
For more detail on these disclosure requirements and the derogations to the destruction ban, see our Productwise Deep Dive.
Requirements subject to secondary legislation
The ESPR also establishes a framework for the European Commission to adopt product-specific ecodesign and information requirements. These will be set out in secondary legislation that has not yet been adopted. Products subject to such secondary legislation can only be placed on the EU market or put into service if they are compliant. The new requirements may also be integrated into public procurement criteria.
While the exact requirements for each product group will vary, the European Commission is able to adopt a broad spectrum of sustainability requirements, including:
- Performance requirements. These can cover product durability, reliability, reusability, repairability, energy and resource efficiency, recycled content and the presence of “substances of concern” – a new concept covering substances that can negatively affect the reuse and recycling of materials in the product. Typically, these requirements are drafted to exclude the worst-performing products from the market, with minimum performance thresholds expected to rise over time.
- Information requirements, including digital product passports. Products will need to be accompanied by certain information determined by secondary legislation. The type of information businesses should expect to be required to provide includes information on a product’s carbon or environmental footprint, its durability and repairability scores, along with information allowing the tracking of substances of concern, and information explaining how product-users can install, use, and maintain their products to minimise environmental impact and optimise durability. In most cases, this information will need to be provided via a “digital product passport” (DPP). DPPs are expected to include product compliance documentation and information required under the ESPR, as well as user manuals, instructions, warnings and safety information. The DPP will need to be accessible electronically, with different levels of access anticipated for consumers, third parties (such as recycling operations) and regulatory authorities. The DPP will also allow customs authorities to perform automatic checks on products imported into the EU.
Key dates
The ESPR is a regulation. This means that it applies directly in each EU Member State and does not require transposition into the national law of each EU Member State. The ESPR has applied since 18 July 2024, with requirements phased in as follows:
| Obligation | Applies from* |
| General requirement to take measures to prevent the need to destroy unsold consumer products | 18 July 2024 |
| Annual public disclosures on the discarding of unsold consumer products | For financial years starting on or after 18 July 2024 |
| Ban on destruction of unsold consumer footwear, apparel and clothing accessories | 19 July 2026 |
* Note: Medium-sized enterprises benefit from longer transition periods.
Most compliance deadlines will be set in secondary legislation and will apply on a product-by-product basis. The European Commission’s latest Working Plan (published April 2025) indicates which products are being prioritised and the targeted timelines for adoption of legislation – with requirements typically applying 18 months after adoption. These are:
| Product specific requirements for | Targeted date for adoption of legislation |
| Iron/steel | 2026 |
| Textile/apparel | 2027 |
| Aluminium | |
| Tyres | |
| Furniture | 2028 |
| Mattresses | 2029 |
| Horizontal requirements on | Indicative timeline for adoption |
| Repairability (including scoring) | 2027 |
| Recycled content and recyclability of electrical and electronic equipment | 2029 |
An accompanying Staff Working Document confirms that the European Commission still plans to update existing ecodesign rules for certain energy-related products, including household appliances like vacuum cleaners and cooking appliances, computers, servers and data storage products, and heating and cooling equipment, amongst others. While these updates (anticipated in 2026) are expected to follow the narrower energy-related focus of the previous ecodesign regime, businesses should pay attention to any new spare part obligations in case these trigger new requirements under the EU’s Right to Repair Directive.
Why does it matter?
Penalties for noncompliance are set at the national Member State level and must be “effective, proportionate and dissuasive”. The ESPR requires that these penalties include, at least, fines and temporary exclusions from public procurement.
Is there any guidance?
