EU Ecodesign Regulation for the adhesives and sealants industry: key role for circular economy and electronics recycling
At the end of July the EU Ecodesign Regulation 2024/1781 ("ESPR" - "Ecodesign for Sustainable Products Regulation"; OJ EU 2024 L 2024/1781) came into force. This new regulation replaces the previous Ecodesign Directive 2009/125/EC and significantly broadens the scope of ecodesign requirements, aligning with the European Commission's Circular Economy Action Plan from March 11, 2020.
www.european-coatings.com, Aug. 20, 2024 –
While the old directive only covered energy-related products, the ESPR now allows ecodesign requirements to be set for nearly all products traded within the EU. The regulation defines ecodesign as "the integration of environmental sustainability considerations into the characteristics of a product and the processes across the entire value chain" (Art. 2(1) No. 6 ESPR). This makes it clear that the ESPR and the associated ecodesign requirements cover the entire lifecycle of a product, from production to disposal.
As is typical in recent EU product regulations, the ESPR is designed as a framework regulation, which is brought to life by delegated acts from the Commission for specific product groups. In certain areas, the Commission also has implementing powers (see Art. 11(4) ESPR).
Due to its broad scope and the significant impact of the delegated regulations on the addressed product groups, the ESPR is expected to have substantial effects on businesses within the EU.
Scope and Functionality of the Ecodesign Regulation
The new ESPR expands the scope of potential ecodesign requirements to include virtually all physical goods, including their components and intermediate products, that are placed on the EU market or put into service. Excluded are food and feed, human and veterinary medicines, living plants, animals and microorganisms, products of human origin, products from plants and animals directly related to their future reproduction, and certain vehicles regarding aspects that are regulated by specific sectoral EU legislation (Art. 1(2) ESPR). The previous directive only allowed ecodesign requirements for energy-related products, such as refrigerators, televisions, or light bulbs, which will continue to be regulated accordingly.
The ESPR is a framework regulation that sets out the principles, conditions, and criteria for establishing ecodesign requirements for products. Specific requirements for individual product groups will be defined by delegated acts of the Commission, which will be issued over the next few years. To this end, the Commission will draft a work plan outlining when ecodesign requirements will be adopted for which product groups (Art. 18(3) ESPR). As part of this process, relevant stakeholders will be consulted through a so-called Ecodesign Forum.
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