The first implementing acts are expected within the first twelve months of its entry into force
The Ecodesign Regulation, which was adopted by an overwhelming majority of the European Parliament on 23 April 2024, will soon come into force and launch a completely new regulatory regime for the sustainable design of products, representing an important milestone on the road to European climate neutrality. The most important new features of this regulation can be found below.
Update
With the expansion of the product groups covered, the introduction of the digital product passport and the increased requirements for material and resource efficiency as well as for the recyclability of products, new sustainability standards are to be achieved in the EU (click here for more information). In addition, the European Parliament’s proposal to ban the destruction of certain unsold consumer products was retained in a welcome manner and also adopted.
In line with the recently adopted Battery Ordinance, the Ecodesign Regulation also stipulates the need to create a digital product passport for the decentralised processing of product-relevant information, which in future must be provided digitally and in a standardised manner by all players in the value chain and can be viewed transparently according to the need-to-know principle. The process of developing a cross-sector definition and description of the requirements for the Digital Product Passport, the definition of a cross-sector product data model and the development of corresponding norms and standards for the further development of the Digital Product Passport and its ecosystem is in full swing at both European and national level in order to promote European and international interoperability.
Transitional arrangements
In principle, the Ecodesign Regulation will completely replace the current Ecodesign Directive 2009/125/EC when it comes into force. The first delegated acts, which contain the specific ecodesign requirements for products and product groups as well as the specifications for the DPP, are expected as early as 12 months after the entry into force of the regulation, with a regular date of application 18 months after the entry into force of the respective regulation. In addition, certain provisions of the Ecodesign Directive (eg, regarding the conformity assessment of products) and the implementing regulations issued for the individual product groups will continue to apply until they are repealed by the new delegated acts of the Ecodesign Regulation.
Outlook
There is only a short way to go before the Ecodesign Regulation will come into force. Approval of the text of the regulation by the Council has already been promised in the form of a provisional political agreement in December last year, followed by signature and publication in the Official Journal of the European Union. This is expected to take place before the European elections in June of this year, meaning that the regulation is likely to come into force in the second quarter of 2024 and the first product provisions, including the requirements for the Digital Product Passport, might apply from the end of 2026 / mid-2027.
It is therefore high time to familiarise yourself with the requirements of this regulation and the legal implications for your products and your company. Our Sustainable Products & Supply Chains competence team will support you in this endeavour. Let’s talk about sustainability.
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