The Ecodesign Regulation entered into force and became applicable in principle on July 18, 2024. However, most requirements will become applicable after the EU Commission adopts delegated acts on these requirements.

One of the key delegated acts is the one on the European Commission's working plans. It is only when a sector, or product type, etc., is included in a working plan that the overall requirements can start to be set. The European Commission is to present the first working plan on 19 April 2025. Among the areas mentioned for the first working plan are iron, steel, aluminium, textiles, in particular clothing and footwear, furniture, including mattresses, tyres, cleaning products , paint, lubricants, chemicals , information and communication technology products and other electronics, and energy-related products. Cosmetic products are not included in these discussions, and in all likelihood neither these products nor detergents will be included in the first working plan.

The new regulation replaces the existing 2009 directive and extends the scope of that legislation (until now limited to energy-related products) to set performance and information requirements for all types of goods.

Environmental and sustainability requirements, digital product passport and unsold products

The Ecodesign Regulation is intended to apply to almost all product categories. The Regulation establishes a harmonised framework for setting requirements for specific product groups to make them more durable, reliable, reusable, upgradable, repairable, recyclable and easier to maintain. The Commission is given the right to propose new requirements through delegated acts (secondary legislation) for new types of products and technologies.

The regulation also aims to facilitate the movement of such products within the internal market. A new Digital Product Passport will provide information on the environmental sustainability of products. The legislator believes that this will help consumers and businesses make informed choices when purchasing products and help public authorities better carry out checks.

UPDATED FEBRUARY 12, 2025 : Unsold discarded consumer products

One requirement in the regulation concerns unsold consumer products. The basic idea of ​​the regulation for this area is to prevent the need to destroy (see definition below) unsold consumer products . A requirement that is related to this requirement, and which is currently relevant for large companies ( Definitions of company sizes ), is the obligation to provide information about unsold discarded consumer products. The requirement is particularly relevant because it concerns data from the previous financial year and for large companies this means that the requirement will come into effect in the summer of 2026, i.e. the previous financial year will then already be 2025!

The information obligation applies to virtually all products and goods, including cosmetics and chemical products, even if they are not covered by the first work plan (priority product areas). Different requirements will apply to different sizes of businesses:

• small and micro enterprises: if exempt from disclosure obligation
• medium-sized enterprises: covered after 6 years after entry into force, i.e. 19 July 2030
• large companies: covered after 2 years after entry into force, i.e. July 19, 2026

Details of the requirements in this area are not clear, but economic operators must disclose on an annual basis (how? Website or sustainability report mentioned):

• Number and weight of discarded unsold consumer products, per product type/category (customs codes, but not specified at what level)
• Reasons for cancellation and, where applicable, the exception to cancellation
• Measures taken and measures planned to prevent the destruction of unsold consumer products
• Also mentioned here: The proportion of discarded products delivered, either directly or through third parties, to undergo each of the following activities: Preparation for reuse, including reconditioning and remanufacturing, material recycling, other recovery, including energy recovery, and disposal. However, it is unclear how chemical and cosmetic products (mixtures) are to be recycled. Possibly, residues of such could be energy or chemical recycled.

The Commission will adopt an implementing act by 19 July 2025 on how companies should provide information about discarded unsold consumer products . This is of course late compared to the requirement, but that is what the regulation looks like.

The EU Commission will also define exceptions to the requirement not to discard unsold consumer products, but one area that is already mentioned in the text of the regulation is that exceptions could be given for products that are unsuitable (for sale) because they no longer meet their intended purpose (an example could be that documented function and safety cannot be guaranteed after the best-before date has passed).

Destruction : intentionally damaging or discarding a product as waste, except for discarding for the sole purpose of delivering the discarded product for preparation for reuse, including reconditioning or remanufacturing.

Criteria

Ecodesign criteria shall be established by the Commission through delegated acts and shall be applicable 18 months after the entry into force of the Regulation. However, the Commission shall be entitled to shorten that period if necessary.

The criteria should not be primarily driven by chemical content (classified substances), but the criteria should still ensure that risks to health and the environment are significantly reduced. The details are not clear.

Product Environmental Footprint methodologies shall be developed together with industry sectors and adopted by the Commission in other Community legislation.

Criminal penalties

The regulation also clarifies future conditions, for example in the areas of (criminal) penalties and online marketplaces. However, the parties agree that the penalties will be decided by national authorities. The requirements for online sales are linked to the Digital Services Act, and cooperation between the supervision in the member states also ensures that online sales meet the requirements.

The regulation is published and enters into force

The regulation was published on June 28 and entered into force on July 18, 2024. Note, however, that most tangible requirements become applicable after the EU Commission has decided on delegated acts regarding them.

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