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Adopted text

Ecodesign Regulation

TA-9-2023-0272 · P9_TA(2023)0272 · PE738.753

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Parliament's amended version of the proposed Ecodesign Regulation sets a framework for ecodesign requirements for sustainable products, replacing Directive 2009/125/EC. It covers durability, repairability, recycling, product passports, unsold goods and market surveillance. It bans the destruction of unsold textiles, footwear and electrical and electronic equipment one year after entry into force, and requires economic operators to disclose discarded and destroyed unsold products. It requires a digital product passport for products covered by delegated acts, with rules on access, data carriers and a comparison platform. It strengthens market surveillance, requiring Member States to draw up action plans every two years and giving the Commission powers to set minimum checks and priorities. It sets rules on self-regulation measures, public procurement, SME support, penalties and consumer remedies for non-compliant products.

Key points

  1. The Regulation establishes a framework for ecodesign requirements to improve product environmental sustainability and ensure free movement in the internal market.
  2. The Commission is empowered to adopt delegated acts setting ecodesign requirements, including performance and information requirements, for specific or horizontal product groups.
  3. Manufacturers must not limit product durability by making products prematurely obsolete or limit repairability by impeding disassembly or restricting access to repair information and spare parts.
  4. Information requirements include a product passport, with rules on access rights, data carriers, interoperability and a comparison platform to be set up by the Commission.
  5. The destruction of unsold textiles, footwear and electrical and electronic equipment is prohibited one year after entry into force, with possible exemptions set by delegated acts.
  6. Economic operators must disclose the number and percentage of unsold consumer products discarded or destroyed, and their delivery to waste treatment operations.
  7. The Commission shall adopt a working plan covering at least 3 years, listing product groups for which it intends to set ecodesign requirements, and present it to Parliament.
  8. For 2024-2027, the Commission shall consider prioritising product groups including iron, steel, aluminium, textiles, furniture, tyres, detergents, paints, lubricants, chemicals, energy-related products and ICT products.
  9. Member States shall draw up market surveillance action plans at least every 2 years, with the first by 16 July 2024, and ensure authorities have necessary resources.
  10. The Commission may adopt delegated acts listing products or requirements as priorities for market surveillance and setting a minimum number of checks.
  11. Public procurement requirements for specific product groups shall take the form of mandatory technical specifications, criteria, clauses or targets.
  12. Member States shall lay down effective, proportionate and dissuasive penalties for infringements, with common criteria for determining types and levels.

Who is affected

  • Manufacturers, importers and distributors of products covered by delegated acts, who must meet ecodesign requirements and provide information.
  • Economic operators holding unsold consumer products, who must disclose discarding and destruction data and comply with bans.
  • Online marketplaces, which must cooperate with market surveillance authorities and remove non-compliant product listings.
  • Micro, small and medium-sized enterprises, which receive support, training and guidelines to comply with ecodesign requirements.
  • Consumers and end-users, who gain access to product information, reparability scores and remedies for non-compliant products.

Figures and deadlines

  • 10 years: period manufacturers must keep technical documentation and EU declaration of conformity after placing product on market.
  • 5 working days: time for economic operator to provide dealers and online marketplaces with digital copy of data carrier.
  • 15 days: time to provide information and documentation to competent national authority upon request.
  • 6 months: period after purchase during which manufacturer must provide paper instructions free of charge upon request.
  • 3 months: time for signatories to submit revised self-regulation measure upon Commission request.
  • 2 years: deadline for Commission to publish first report on destruction of unsold goods, and every 3 years thereafter.
  • 5 years: period for which delegated acts power is conferred on the Commission, tacitly extended for identical periods.
  • 6 years: period after application for Commission to evaluate the Regulation, and every 6 years thereafter.