New Ecodesign Regulation approved by the EU Council

A new regulation for the requirements for sustainable products, was proposed by the Commission on the 30th of March 2022 and it was on the 27th of May 2024, that the regulation was awarded final approval. The EU Council began its general approach on the 23rd of May 2023 and then on the 4th of December 2023, they reached a provisional agreement with the Parliament.

This ecodesign regulation replaces the existing ecodesign directive and it also broadens its scope. This regulation stretches beyond energy products and reaches to a variety of goods placed within the EU market. This final approval is a huge achievement and it is the final step in the decision-making procedure.

Before this new regulation was approved, the current Ecodesign Directive 2009/125/EC focused on establishing energy efficiency requirements, which effectively covered thirty-one product groups. So far, the Commission has calculated that this saved EUR 120 billion when it comes to energy expenditure. Plus, it also created a 10% lower annual energy consumption by the products which were covered within its scope.

Now, this new regulation effectively covers a range of all kinds of products and there are only a few exceptions, such as, cars or defense security related products which are not covered. Furthermore, the new regulation introduces a substantial amount of new requirements, including product durability, reusability, upgradability and reparability. It also brings along rules on the presence of substances which inhibit circularity; energy and resource efficiency; recycled content, remanufacturing and recycling; carbon and environmental footprints; and finally, information requirements, including a Digital Product Passport. Once the ecodesign requirements have been empowered by the Commission, the industry will be provided with eighteen months to make adjustments and changes, in order to comply with the regulations.

It has been decided that the ecodesign criteria will be applicable in public procurement, in order to encourage the public to purchase green products. Alongside this, the new regulation also introduces a ban on destroying unsold textiles and footwear (SMEs will be temporarily excluded). This part of the regulation will help the commission to introduce similar bans around the use of other products, later down the line. This set of rules will also be applicable to online sales, as it will align to the digital services act.

Now that the regulation has been approved, the next steps for the act will be for it to be signed by the President of the European Parliament, as well as the President of the Council. Once this is done, the legislation will then be published in the Official Journal of the European Union and from there it will enter into force from the 20th day after its official publication. The act will then apply from twenty-four months after the entry into force.

Belgian Deputy Prime Minister and Minister of the Economy and Employment, Pierre-Yves Dermagne, commented, “With the ecodesign regulation we create the right incentives for the industry to think circular from the very design conception of the products they plan to produce and sell in the EU.”