PURPOSE: to improve the environmental sustainability of products and to ensure the free movement in the internal market of products for which ecodesign requirements are set.
LEGISLATIVE ACT: Regulation (EU) 2024/1781 of the European Parliament and of the Council 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.
CONTENT: this Regulation replaces the existing Ecodesign Directive 2009/125/EC, which set energy efficiency requirements for 31 product groups. It establishes a framework for setting ecodesign requirements that products must meet in order to be placed on the market or put into service, with the aim of improving the environmental sustainability of products in order to make sustainable products the norm and to reduce the overall carbon and environmental footprint of products throughout their life cycle, as well as ensuring the free movement of sustainable products within the internal market.
The regulation covers all types of products, with a few exceptions (i.e. food and feed, medicines, cars and defence and security products).
Ecodesign requirements
The new regulation introduces new requirements such as product durability, reusability, upgradability and reparability, rules on the presence of substances that inhibit circularity; energy and resource efficiency; recycled content, remanufacturing and recycling; carbon and environmental footprints. Ecodesign requirements should be used to combat practices associated with premature obsolescence.
The regulation also introduces performance and information requirements, including a digital product passport that will provide information on the environmental sustainability of products, help consumers and businesses make informed choices when purchasing products, and help public authorities carry out checks and controls more effectively.
Ecodesign criteria will be applicable in public procurement to incentivise the public purchase of green products.
The Commission will be empowered to set ecodesign requirements by delegated acts and the industry will have 18 months to comply with them.
Prioritisation and planning
When prioritising products to be covered by ecodesign requirements, the Commission will analyse the potential contribution of those products to achieving Union climate, environmental and energy efficiency objectives.
The Commission will adopt a working plan setting out a list of product groups which are to be prioritised for the setting of ecodesign requirements and the estimated timelines for their setting. The Commission will present to the European Parliament a draft of the working plan before the adoption of the working plan.
In the first working plan, which will be adopted by 19 April 2025, the Commission will prioritise the following product groups: iron and steel; aluminium; textiles, in particular garments and footwear; furniture, including mattresses; tyres; detergents; paints; lubricants; chemicals; energy related products for which ecodesign requirements are to be set for the first time.
The Commission will establish an Ecodesign Forum as an expert group with a balanced and effective participation of experts designated by Member States and of all parties having an interest in the product or product group in question.
In the context of programmes from which SMEs, in particular micro-enterprises, can benefit, the Commission will ensure there are initiatives which help those enterprises to integrate environmental sustainability, including energy efficiency, into their value chain.
Destruction of unsold goods
The regulation creates a framework to prevent unsold consumer goods from being destroyed. It provides for a direct ban on the destruction of textiles and footwear. Small and micro businesses will be exempt from this ban, while medium-sized businesses will benefit from an exemption until 19 July 2030. The ban will apply from 19 July 2026. The Commission will also be empowered to introduce new bans on the destruction of other unsold products by means of delegated acts.
Conformity of products
For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and calculations will be carried out using harmonised standards or other reliable, accurate and reproducible methods that take into account the generally recognised state-of-the art methods.
The CE marking must be affixed visibly, legibly and indelibly to the product. If this is not possible, it will be affixed to the packaging and accompanying documents. The CE marking must be affixed before the product is placed on the market or put into service.
The regulation contains provisions on the notification of conformity assessment bodies.
Penalties
Member States will lay down the rules on penalties applicable to infringements of this Regulation and take all measures necessary to ensure that they are implemented. The penalties provided for will be effective, proportionate and dissuasive.
ENTRY INTO FORCE: 18.7.2024.