Ecodesign for Sustainable Products Regulation (ESPR) 2024/1781
Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products — the "Ecodesign for Sustainable Products Regulation" or ESPR — repealed and replaced Directive 2009/125/EC (the original Ecodesign Directive). It entered into force on 18 July 2024 and applies from that date for the horizontal framework. Product-specific requirements are adopted through Commission Delegated Regulations ("ecodesign requirements") covering individual product groups; until those are adopted, the predecessor's product-specific Implementing Regulations under Directive 2009/125/EC continue to apply. Published as OJ L, 2024/1781, 28.6.2024.
Legal status and timeline
- Predecessor: Directive 2009/125/EC (Ecodesign Directive).
- Adoption: 13 June 2024.
- Entry into force: 18 July 2024.
- Date of application of the horizontal framework: 18 July 2024.
- Repeal of Directive 2009/125/EC: 18 July 2024, subject to extensive transitional provisions: existing Implementing Regulations adopted under the Directive remain in force until replaced by ESPR delegated regulations (Article 79).
- Disclosure of discarded unsold consumer products (Article 24): large enterprises since 19 July 2025, with the first disclosures reported for the 2025 financial year; medium-sized enterprises from 19 July 2030.
- Prohibition of destruction of unsold consumer products (Article 25): large enterprises since 19 July 2026 for the apparel, clothing accessories and footwear in Annex VII; medium-sized enterprises from 19 July 2030; micro and small enterprises excluded.
- DPP registry (Article 13): due by 19 July 2026 and reported live from 20 July 2026; operating rules in Implementing Regulation (EU) 2026/1778.
- Status in October 2026: the framework applies. Product-specific ESPR requirements do not yet exist for any group; the carried-over measures under Directive 2009/125/EC continue.
Scope: products covered
Article 1(2) applies the Regulation to "any physical goods that are placed on the market or put into service, including components and intermediate products". This is a substantial extension over Directive 2009/125/EC, which was limited to "energy-related products". The ESPR can apply, in principle, to almost any product, except those excluded in Article 1(2), such as food, feed, medicinal products, living plants, animals and microorganisms, products of human origin, products of plants and animals directly related to their future reproduction, and certain vehicles for aspects already covered by type-approval law.
The Regulation does not directly impose requirements on products; it empowers the Commission to adopt delegated regulations setting ecodesign requirements for specific product groups. Each delegated regulation defines its scope precisely.
Ecodesign requirements
Article 5 and Annex I list aspects on which ecodesign requirements may be set:
- Product durability and reliability;
- Reusability and upgradability;
- Reparability, including provision of spare parts and instructions;
- Possibility of maintenance and refurbishment;
- Presence of substances of concern;
- Energy use or energy efficiency;
- Resource efficiency, including water consumption;
- Recycled content;
- Possibility of remanufacturing and recycling;
- Possibility of recovery of materials;
- Environmental impacts including carbon and environmental footprint;
- Expected generation of waste materials.
Requirements may be either "performance requirements" (for example, a minimum number of durability cycles) or "information requirements" (for example, disclosure of a repairability score).
Delegated-act status by product group
The ESPR and Energy Labelling Working Plan 2025–2030, COM(2025) 187 of 16 April 2025, gives indicative years. They are planning dates, not legal deadlines, and an obligation exists only once a delegated act is adopted and applies.
| Group | Indicative year | Status at this review |
|---|---|---|
| Iron and steel | 2026 | Call for evidence ran from 20 May to 12 August 2026. Not adopted; the Commission is reported to target the fourth quarter of 2026 |
| Textiles (apparel) | 2027 | In preparation; no draft act found |
| Tyres | 2027 | In preparation; no draft act found |
| Aluminium | 2027 | In preparation |
| Furniture | 2028 | Not started in legal form |
| Mattresses | 2029 | Not started in legal form |
| Horizontal repairability rules | 2027 | Product scope to be determined |
| Recycled content and recyclability of electrical and electronic equipment | 2029 | Not started in legal form |
The working plan also lists energy-related products carried over from the Directive, such as dishwashers, EV chargers, refrigerators, electric motors, and mobile phones and tablets. These are reviews of existing or planned measures on their own timetable.
What to do if your product is in a group
A delegated act normally gives at least 18 months between entry into force and application, so a mill or apparel brand has less time than the timetable suggests once supplier data must be collected. A sensible order is: map your product against the likely group; identify the data you cannot yet obtain from suppliers, such as carbon footprint, recycled content or substances of concern; and follow the Commission's consultations for the group. Do not build to draft requirements as if they were final.
Existing ecodesign rules still apply
A manufacturer of a washing machine, television, external power supply or smartphone is already under ecodesign rules, through implementing regulations adopted under Directive 2009/125/EC. Those remain in force until replaced. The ESPR does not suspend them, so "ESPR has no delegated acts yet" does not mean "no ecodesign duty applies". For example, smartphones and tablets have been covered by Regulation (EU) 2023/1670 since 20 June 2025, and external power supplies by Regulation (EU) 2019/1782.
Digital Product Passport
Articles 9 to 15 of the ESPR establish the Digital Product Passport (DPP) as a central instrument. Each delegated regulation specifies the data elements of the DPP for the product group it covers. The DPP makes information accessible via a data carrier (typically QR code or NFC) linking to a digital record. Required data may include:
- Product identifiers (manufacturer, model, serial number);
- Compliance documentation (Declaration of Conformity, certificates);
- Material composition and substances of concern;
- Reparability information (manuals, spare parts identifiers);
- Environmental footprint information;
- End-of-life and recyclability information.
The DPP registry (Article 13) is connected to customs systems (Article 15), and the DPP is accessible to consumers, repairers, recyclers, market surveillance authorities, and other stakeholders with tiered access rights. The registry and six supporting harmonised standards (Implementing Decision (EU) 2026/1736) arrived in July 2026, but neither creates a duty for a product until its delegated act does. See Digital Product Passport.
Prohibition of destruction of unsold consumer products
Chapter VI treats unsold goods separately from product design rules. These duties apply directly, without a product-group delegated act, and they bind the operator discarding the goods, which may be a retailer or brand rather than the manufacturer.
| Enterprise size | Destruction ban: Annex VII apparel, accessories, footwear (Article 25) | Disclosure: all unsold consumer products discarded (Article 24) |
|---|---|---|
| Large | Since 19 July 2026 | Since 19 July 2025; prescribed format from 2 March 2027 |
| Medium-sized | From 19 July 2030 | From 19 July 2030 |
| Small and micro | Excluded | Excluded |
The Commission may add further product categories to Annex VII by delegated act. Other unsold goods are not banned from destruction today, but a large enterprise that discards them must disclose it.
Derogations: Delegated Regulation (EU) 2026/296
Applying from 19 July 2026, this act lists when destruction remains permitted. The grounds include:
- dangerous products, and non-compliant products where destruction is required or proportionate;
- products infringing intellectual property, and cases of expired licences or branding that cannot be removed;
- products that are damaged or defective and cannot reasonably be repaired;
- as a last resort, products not accepted after being offered for donation or reuse.
The operator must keep documentation for five years. Check the exact conditions in the act before relying on a ground: "unsold" stock that is merely unfashionable or costly to store does not qualify on that basis.
Disclosure: Implementing Regulation (EU) 2026/2
Article 24(1) requires annual public disclosure of the number and weight of unsold consumer products discarded, the reasons, and where they went. The Implementing Regulation applies from 2 March 2027 and fixes the format. Disclosure is reported as due within 12 months of the end of the financial year.
Worked example
A large apparel retailer has unsold jackets at season end. It may not send them for destruction, and recycling counts as destruction unless a derogation applies. It can sell them through other channels or donate them. If 500 jackets are mouldy and beyond repair, the derogation for damaged goods may apply, and the retailer records the grounds and evidence and includes them in its disclosure. A 30-person brand with the same stock is outside both duties. A 300-person brand selling unsold ceramics is outside the ban, since ceramics are not in Annex VII, but within disclosure if it discards them.
Conformity assessment
Each delegated regulation specifies the conformity assessment procedure for its product group (Article 43). The default is Module A, internal production control (Annex IV). A delegated regulation may require a route involving a Notified Body where third-party assessment is justified.
Technical documentation
Article 27 and Annex IV require technical documentation specific to each ecodesign requirement. Retention: 10 years. See technical documentation.
EU Declaration of Conformity
Article 44 and Annex V. The Declaration may be embedded in the DPP. See EU Declaration of Conformity.
Marking and labelling
Articles 45 and 46 require the CE marking. Delegated regulations may require additional marking (e.g., the Energy Label under Regulation (EU) 2017/1369, the EU Ecolabel under Regulation (EC) 66/2010, where applicable). See affixing the CE mark.
Recent and upcoming changes
- First ESPR delegated regulation expected for iron and steel; see the status table above.
- Omnibus IV would change digital compliance documents across product law. It was still awaiting Parliament's first-reading vote at this review and is not law.
- The Energy Labelling Regulation (EU) 2017/1369 continues to apply in parallel for energy-related products with energy labels.
- The Right to Repair Directive (EU) 2024/1799, with a transposition date of 31 July 2026, complements the ESPR's reparability requirements.
Related legislation
- Energy Labelling Regulation (EU) 2017/1369 — energy labels for in-scope products.
- Construction Products Regulation 2024/3110 — applies in parallel for construction products with sustainability requirements.
- Battery Regulation 2023/1542 — overlaps for batteries.
- RoHS Directive 2011/65/EU — applies in parallel for electrical and electronic products.
- Directive (EU) 2024/1799 ("Right to Repair") — consumer rights to repair, complementary to ESPR reparability requirements.
- Regulation (EU) 2024/1252 on critical raw materials — overlapping requirements for products containing critical raw materials.
- Waste Framework Directive 2008/98/EC — applies in parallel for end-of-life management.
Common errors
- Treating ESPR as immediately applicable, or as not applicable at all. Product-specific requirements depend on delegated regulations, and the predecessor's Implementing Regulations remain in force until replaced. The unsold-goods duties already apply.
- Ignoring information requirements. Information requirements (such as repairability disclosure) are as binding as performance requirements.
- Destroying unsold products in scope of the prohibition. Since 19 July 2026 the ban on destroying Annex VII apparel, accessories and footwear has applied to large enterprises; medium-sized enterprises follow on 19 July 2030, and micro and small enterprises are excluded.
- Not preparing for DPP. Delegated regulations will require manufacturers to establish DPP infrastructure; preparation lead times are significant.
Frequently asked questions
Is the ban on destroying unsold clothes in force?
Yes. Since 19 July 2026 large enterprises may not destroy unsold apparel, clothing accessories and footwear listed in Annex VII, subject to the derogations in Delegated Regulation (EU) 2026/296. Medium-sized enterprises follow on 19 July 2030. Micro and small enterprises are excluded.
Have any ESPR delegated acts been adopted?
Not for a product group at this review. Delegated Regulation (EU) 2026/296 is an ESPR delegated act, but it sets unsold-goods derogations rather than ecodesign requirements. Iron and steel is expected first, with the Commission reported to target the fourth quarter of 2026.
Does the ESPR replace existing ecodesign regulations?
Not yet. Implementing regulations adopted under Directive 2009/125/EC stay in force until replaced, so appliances, displays and chargers already covered remain bound by them.
Do ESPR products need CE marking?
Yes, where a delegated regulation applies to the product. Conformity is declared in an EU Declaration of Conformity and shown by CE marking under Articles 44 to 46. Until then the ESPR adds no CE duty of its own.
Does the ESPR need a Notified Body?
Usually not. Module A internal production control is the default route, and a delegated regulation may require third-party assessment where justified.
Sources
- Regulation (EU) 2024/1781 (ESPR) — EUR-Lex.
- Directive 2009/125/EC (predecessor) — EUR-Lex.
- ESPR and Energy Labelling Working Plan 2025–2030, COM(2025) 187 final, 16 April 2025.
- Commission Delegated Regulation (EU) 2026/296 (derogations) and Commission Implementing Regulation (EU) 2026/2 (disclosure format) — summary in Linklaters, Sustainable Futures.
- Commission Implementing Regulation (EU) 2026/1778 (DPP registry) — EUR-Lex.
- Commission Notice — Blue Guide 2022 — EUR-Lex.