Introduction

The new EU Ecodesign for Sustainable Products Regulation (ESPR) applies to any company operating within the EU, impacting the entire value chain – from manufacturers and importers to distributors, retailers, and sellers – regardless of their location. As long as any part of a company’s value chain has operations within the EU, the ESPR requirements automatically extend to all other participants involved. 

The European Commission will annually update the list of products that are to be regulated by the ESPR. Once published, companies have roughly a year to incorporate the changes into their value chain. The first product group that has to comply with the ESPR includes iron and steel, aluminium, textiles, furniture, tyres, detergents, paints, lubricants, chemicals, electronics, and relevant energy-related products.

Supplementing acts by the Commission will be introduced to address specific categories. Businesses should plan to comply within 18 months after each act is published. Small and medium-sized enterprises (SMEs) will have extended timelines for compliance, except in cases deemed urgent by the Commission, which will also be explained in the supplementing acts.

This article breaks down the rules that manufacturers, importers, distributors and retailers must follow to comply with the new Regulation. It details what is expected of businesses and their counterparts in their value chain, as well as how to incorporate important new developments, such as the digital product passport (DPP) and other specific requirements of the EU law. For a more general overview of what the ESPR is, the known timelines and background information, read our guide to the ESPR.

Performance requirements under ESPR

The ESPR’s delegated acts will specify the performance requirements for each product category. Businesses involved in producing or handling these products will have to adhere to these standards revolving around the r-strategies for a circular economy, such as durability, repairability, energy efficiency, and minimised environmental impact. 

Here’s a closer look at the primary areas businesses should focus on for compliance and sustainability:

• Enhance product longevity: Prioritise upgrading, reuse, remanufacturing, and refurbishment of the product. This can be done by compiling the number of materials and components being used, the standard components of the product, their modularity, and ease of disassembly.
• Promote product recycling: Businesses should use easily recyclable materials and ensure easy access to recyclable components. 
• Avoid unsustainable designs: Eliminate technical solutions, designs, and materials that hinder upgrading, reusing, remanufacturing, and refurbishment of the product.
• Avoid harmful substances: Avoid substances of concern, including those used in production or produced in the product’s waste, and consider the impacts on human health or the environment. The product’s overall carbon and material footprint should be reduced wherever possible.
• Manage nanoplastics: Any release of nanoplastics should also be monitored and minimised throughout the product’s life cycle.
• Use recycled or sustainable materials: Incorporate recycled or sustainably sourced materials, including critical raw materials and used components to improve circularity and resource efficiency.
• Optimise product weight,  volume, and consumables: Design for resource efficiency by reducing product weight and size and minimising the use of consumables (quantity, characteristics, availability) needed for the product’s proper use. 
• Minimise waste: Reduce the amount of waste generated, and means of reusing the waste. This includes plastic, packaging waste, and responsible handling of hazardous waste
• Sustainable product designs: Design products to reduce material use, optimise load and stress of production, and maximise overall efficiency.

Information requirements under ESPR

The next category of requirements in the Ecodesign Sustainability Product Regulation is aimed at information regarding the product that needs to be made publicly available. All product information has to be written in the language of the country being sold in or used in.

Under the ESPR, businesses have to specify how they will share the information and make it available to their customers. The product information can be shared through the DPP and supplemented by labels on the product or its packaging, user manuals and documentation, websites or apps. When providing information on substances of concern, the information must be on the label of the product itself or accessible through a data carrier.

ESPR digital passport information requirements

The digital product passport (DPP) must be established at all levels and clearly show how customers can easily access it. Who will have access to the data, and what data they will have access to must be clearly established. The DPP must be kept updated when any changes occur, and should include the following data to comply with the ESPR:

• Product identification
  • A unique product identifier which can follow the product through its lifecycle.
  • A product number or batch number with any technical specifications.
• Performance information
  • Details on product performance - repairability, durability, carbon footprint, and environmental footprint, and are outlined below.
  • Expected lifetime of the product.

In compliance with EU regulations, the DPP supports sustainability and facilitates effective lifecycle management. Specific information must be included when it comes to the following, where applicable:

1. Substances of concern¹

• Identification: Name, identification code (IUPAC, EC number and CAS number), and location within the product, including concentration levels.

• Usage and handling: Safe usage instructions, disassembly guidance, and handling protocols for substances of concern.

• Lifecycle tracking: Instructions for tracking these substances through the product’s lifecycle.

2. Instructions for use, maintenance, and end-of-life treatment

• Installation and maintenance: Detailed steps on installation, usage, maintenance, and repair, including third-party software installation where relevant.

• End-of-life management: Guidelines for disassembly, recycling, and handling hazardous materials, with processes for safe disposal, refurbishment, reuse, and remanufacturing.

3. Sustainability information

• Material composition: Disclose the presence of recycled and renewable materials in the product 
• Microplastics: The release of microplastic or nanoplastic during the production, use, or disposal of the product
• Environmental impact: The product’s carbon and material footprints, or any other environmental impact

4. Modularity and repairability

• Repair and replace: Information on spare parts availability, component compatibility, and modularity, with non-destructive disassembly guidance for repairs and replacements.

5. Recyclability and circularity

• Keep materials in use: Details on the recyclability of materials, and information on how materials can be reused, remanufactured, or recycled to keep materials in the loop.

Label requirements under ESPR 

The delegated acts following the ESPR will lay out what needs to be on the label, as well as how it must be displayed. It is already included within the ESPR that the label should be easily read and spotted by consumers. Where that is appropriate, the Commission will specify how the labels can be displayed electronically. If a product’s performance is represented by a class, the layout of the label should also allow customers to compare similar products. 

When it comes to energy-related products, the Commission can assess whether a separate label is needed next to the existing energy label that is already governed by the Energy Labeling Regulation (Regulation (EU) 2017/1269). 

To give the customers access to further information about the product and access to the DPP, the labels may include data carriers (for example QR codes). Labels should not be mimicking other product labels. False or misleading information is prohibited from being on the label, or any information that might also give the impression of following the requirements of ESPR, when those requirements are not met.

Requirements on handling unsold products under ESPR

The EU ESPR sets clear rules for how businesses have to handle the destruction and discarding of unsold products. For discarding, businesses have to focus on reuse, refurbishment, or donation, and state the number, weight, reason, and handling of discarded items. Medium-sized enterprises must comply with this by 2030.

The ESPR rules on destruction commence in 2026, banning the destruction of certain apparel and footwear products, with exemptions for reasons like safety or environmental impact. Although micro and small enterprises are exempt, they are encouraged to adopt sustainable practices. 

Businesses should start preparing with measures such as reusing or donating excess products and implementing systems to track the number of products, their weight and handling of discarded products to comply with the disclosure requirements. 

ESPR rules on discarding products

Instead of discarding and destroying products, businesses should find ways to reuse, refurbish or donate them. If a business is discarding unsold consumer products, the following information should be disclosed about the product being discarded:

• the amount and weight 
• the reason behind the product being discarded
• how the discarded product is being handled - if, and to what extent (the proportion of the product) it is being reused, refurbished or remanufactured, recycled, or used for other recovery purposes, such as energy recovery
• what measures are being taken to prevent the destruction of unsold consumer products

Businesses have to make this information publicly available on their website, as well as include it in their annual sustainability report. Micro and small businesses are exempt from these disclosure requirements, while medium-sized enterprises must comply from 19 July 2030. 

The European Commission or national authorities can request further documentation from the businesses regarding the delivery and handling of discarded products. The requested documentation must be provided within 30 days. The appropriate formats for disclosing the additional information will be published on 19 July 2025 by the European Commission.

ESPR rules on the destruction of products

From 19 July 2026, the ESPR prohibits the destruction of the following apparel and footwear products:

• Apparel and clothing accessories
  • Made of leather or composition leather
  • Knitted or crocheted
  • Not knitted or crocheted
• Hats and other headgear
  • Plaited or made by assembling strips of any material, whether or not lined or trimmed
  • Knitted or crocheted, or made from lace, felt, or other textile fabric (in the piece, not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed

• Footwear
  • With outer soles of rubber, plastics, leather, or composition leather and uppers made of leather
  • With outer soles of rubber, plastics, leather, or composition leather and uppers made of textile materials.
  • Waterproof footwear with outer soles and uppers of rubber or plastics, where the uppers are not attached to the soles by stitching, riveting, nailing, screwing, plugging, or similar methods
  • Other footwear with outer soles and uppers of rubber or plastics.
  • Other footwear

Medium-sized enterprises have to abide by it as of 19 July 2030, while micro and small enterprises are exempted from this rule for the time being. Despite this, they are not encouraged to destroy products as well. 

Other exemptions to the prohibition of destruction of unsold products also apply, for reasons such as:

• Health, hygiene or safety
• Products being so damaged they cannot be repaired cost-effectively
• Products are unfit for their intended use (because of legal or technical reasons)
• Products were offered as a donation
• Products are unfit for reuse or remanufacturing
• There are intellectual property violations or counterfeit products
• Destruction of the product is the option with the least environmental impact

Other exemptions may be added by the European Commission on 19 July 2025. 

On 19 July 2027, the Commission will publish reports on the prevalence of product destruction by categories, and what environmental impact the destruction of specific product groups has.

ESPR obligations of manufacturers

To comply with ESPR standards and relevant delegated acts, manufacturers must ensure product design includes a digital product passport (DPP) and a backup copy, managed through a DPP service provider. Manufacturers are responsible for conducting or delegating a conformity assessment, preparing an EU Declaration of Conformity, and applying the appropriate CE marking or alternative markings where necessary. Technical documentation, such as the EU Declaration of Conformity, should be retained for 10 years unless a delegated act specifies otherwise.

In cases where non-compliance is discovered, businesses must take immediate corrective action or withdraw the product from the market and notify authorities. Products should be labelled with a type, batch, or serial number; if direct labelling is not feasible, this information should be included on the packaging or accompanying documents.

Contact details must be clearly visible on the product, on its packaging, or in the DPP. Digital instructions should be accessible for 10 years, with paper copies available on request within six months of purchase. Businesses should maintain open communication channels for customer complaints and keep a register of complaints for at least five years. Finally, authorised representatives may manage documentation and communication with authorities, although key tasks like assessments and DPP creation remain the responsibility of the business itself.

ESPR obligations of importers

Before entering the market, ensure that your products comply with ESPR standards and that all conformity assessments are completed. This includes having the digital product passport (DPP) and any required markings, such as the CE marking or alternatives, in place.

Importers must retain the EU Declaration of Conformity for at least 10 years and be prepared to provide technical documentation upon request. If you identify any non-compliant products, promptly withdraw them from the market and notify the relevant authorities in the affected Member States.

During storage and transport, maintain product compliance to ensure they meet standards upon reaching the market. Include clear and legible contact information on the product, packaging, or DPP. Ensure that product instructions comply with manufacturer requirements, and provide physical copies when requested. Any information requested by authorities must be submitted within 15 days.

ESPR obligations of distributors

Before market entry, verify that your products have the necessary markings (CE or alternatives) and that all required documentation, including the digital product passport (DPP), is complete. Distributors must make this documentation easily accessible, and confirm that both the manufacturer and importer adhere to regulations before the products are sold.

In the event of non-compliance, immediately halt sales and notify the relevant authorities in the Member States where the product is distributed. During storage and transport, maintain compliance standards to ensure products meet regulations upon reaching consumers.

Respond to authority requests for documentation within 15 days and assist with any necessary corrective actions. Additionally, ensure customer support is readily available and maintain a record of complaints for at least five years.

ESPR obligations of retailers

Retailers, or dealers, must ensure that customers and potential customers can easily access all relevant product information as required by the delegated acts, including in cases of distance selling. Make the digital product passport (DPP) readily accessible and easily readable by providing a direct link on your product web pages or within digital catalogues.

Product labels should be visible, clear, and easy to read. Avoiding any symbols or marks that could confuse or mislead customers regarding the product’s compliance with ecodesign requirements as it would be considered greenwashing. This transparency helps build trust and ensures that customers are well-informed about the products they purchase.

How will ESPR be enforced and who will be in charge?

The European Commission will coordinate with the national authorities when it comes to enforcement of ESPR. There will be regular reviews and the updating of standards so that the rules are adapted in line with technological advances. The Commission will be in charge of enforcing the rules regarding DPPs and tracking their compliance.

The EU Member States will designate national market authorities to enforce the rules of the ESPR in their countries. This includes inspecting products entering the market, audits, and checking documentation provided by manufacturers. Member States will also cooperate amongst themselves in exchanging information and conducting joint investigations when needed. Customs authorities will be responsible for checking products entering the market from outside the EU.

If the rules of the ESPR are violated, the sanctions will be imposed by national authorities. This may include fines, product recalls, prohibition of sale, and public statements regarding non-compliance.

Conclusion

Under the Ecodesign for Sustainable Products Regulation (ESPR) businesses operating on the EU territory must ensure sustainable practices throughout their value chains. The key focus areas include product durability, energy efficiency, recyclability, and transparency through the digital product passport (DPP). Businesses must also track and disclose substances of concern and ensure proper handling of unsold products. By doing so, companies contribute to a more circular economy while improving product sustainability. 

When discussing the obligations of manufacturers, importers, and distributors under the ESPR, we must acknowledge the potential overlaps in their roles, particularly in terms of cooperation and communication. Each party in the supply chain holds specific responsibilities, but there are commonalities in how they must interact and ensure that products are compliant with regulations before reaching consumers. 

The DPP plays a crucial role in complying with the ESPR. By making this data accessible, DPPs not only help businesses meet regulatory requirements but also empower consumers to make informed choices. Traceability enables businesses to track their environmental and social impacts, ensuring compliance while driving continuous improvement toward a more sustainable future.

Footnote

1. Substances of concern

Businesses should track substances of concern throughout the product’s life cycle unless they are specifically addressed by a delegated act. When it comes to substances of concern, they can be categorised as such:

Health-related substances of concern

• Carcinogenic (Category 1A or 1B): Substances that cause cancer.
• Mutagenic (Category 1A or 1B): Substances that cause genetic mutations.
• Toxic to Reproduction (Category 1A or 1B): Substances that impair fertility or harm the unborn child.
• Endocrine disruptors for human health: Substances that interfere with the endocrine (hormonal) system, affecting human health.
• Toxic to a specific organ target (single or repeated exposure): Substances that target and damage a specific organ through single or multiple exposures.
• Sensitive for respiration: Substances that affect respiratory health.
• Sensitive for skin: Substances that cause skin sensitisation or allergic reactions.

Environmental substances of concern

• Persistent, Bioaccumulative, and Toxic (PBT): Substances that remain in the environment, accumulate in living organisms, and are toxic.
• Very Persistent and Very Bioaccumulative (vPvB): Substances highly resistant to degradation and accumulate significantly in organisms.
• Substances that cause equivalent concern (environmental concern): Substances like endocrine disruptors for the environment that cause serious environmental harm.
• Persistent, mobile, and toxic, or very persistent, very bioaccumulative properties: Substances that persist in the environment, can travel through water or air, and are toxic.
• Hazardous to the aquatic environment: Substances that cause damage to aquatic life.
• Hazardous to the ozone layer: Substances that contribute to ozone depletion.‍

Specific hazardous substances of concern

• Polychlorinated Biphenyls (PCBs)
• Dioxins and Furans
• Hexachlorobenzene (HCB)
• Perfluorooctane Sulfonic Acid (PFOS)
• Polybrominated Diphenyl Ethers (PBDEs)
• Chlordane
• Mirex
• DDT (Dichlorodiphenyltrichloroethane)
• Aldrin, Dieldrin, Endrin
• Toxaphene
• Lindane
• Hexabromocyclododecane (HBCDD)

Impact of substances of concern on recycling and material reuse

• Substances that negatively affect the reuse and recycling of materials, including chemicals or materials that hinder recycling processes, such as persistent organic pollutants (POPs) or other hazardous substances that may affect circular economy efforts.

The European Commission will provide deadlines for providing the information. Exemptions might apply if sharing the information is difficult because of technicalities or other reasons if they can be justified. No exceptions can apply if the substance of concern takes up more than 0.1% of the product’s weight.