The Ecodesign for Sustainable Products Regulation (ESPR) Regulation: What companies need to know
Overview
The Ecodesign for Sustainable Products Regulation (ESPR) (EU) 2024/1781 entered into force on 18 July 2024. It replaces the Ecodesign Directive 2009/125/EC and significantly expands EU ecodesign rules to cover nearly all physical products, including chemicals and products containing chemical substances.
For chemical manufacturers, importers, formulators, and downstream users, the ESPR introduces new obligations related to substances of concern, product sustainability, and data transparency, with a strong focus on lifecycle impacts and circularity.
Horizontal Ecodesign Requirements
A central element of the ESPR is the introduction of horizontal ecodesign requirements, which apply common sustainability rules across multiple product groups with similar characteristics.
For industrial companies, these requirements may apply across chemicals, detergents, paints, lubricants, and downstream products, and may cover:
- Presence and management of substances of concern;
- Resource efficiency and compatibility with recycling;
- Environmental impacts, including carbon footprint;
- Waste generation and end-of-life considerations.
Requirements may take the form of performance limits (e.g. substance restrictions) and information obligations applicable across product categories.
Substances of Concern
The ESPR builds on existing EU chemicals legislation and defines substances of concern by reference to:
- Substances of Very High Concern under REACH (Article 57)
- Hazard classifications under the CLP Regulation (e.g. CMR, endocrine disruptors, PBT/vPvB)
- Substances regulated under the POPs Regulation
- Substances that negatively affect reuse or recycling.
How the ESPR Regulates Substances
The ESPR addresses substances of concern through two main mechanisms:
1. Thresholds and Restrictions
As a framework regulation, the ESPR will be implemented through product-specific delegated acts. These may set:
- Maximum concentration thresholds for substances of concern
- Substance tracking requirements across the value chain
- Phased compliance deadlines and limited derogations
This may affect formulation strategies, raw material selection, and impurity management.
2. Information and Traceability (Digital Product Passport)
Products covered by ESPR requirements may only be placed on the EU market if a Digital Product Passport (DPP) is available. The DPP must contain accurate and up-to-date sustainability information, including data on substances of concern.
Required information may include:
- Chemical identity (IUPAC name, EC number, CAS number, where available)
- Location and concentration of substances of concern
- Safe use instructions
- End-of-life and recycling information
The DPP will enable traceability of substances throughout the product lifecycle.
Priority Product Groups
In its first working plan, the European Commission has prioritised the following product groups, many of which are highly relevant to the chemical industry:
- Chemicals
- Detergents
- Paints and coatings
- Lubricants
- Textiles
- Metals (iron, steel, aluminium)
- Furniture, tyres, ICT and electronic products
Chemical suppliers to these sectors should expect increased downstream information requests.
Recommended actions now include mapping substances of concern, strengthening supply-chain data collection, and preparing IT systems for Digital Product Passport requirements.
Timeline and Next Steps
While the ESPR is already in force, binding product-specific requirements will apply once delegated acts are adopted, typically with transition periods.
- 2026: Possible early measures for textiles and steel
- 2027–2028: Broader application across most product groups, including chemicals
Reference:
Ecodesign for Sustainable Products Regulation (EU) 2024/1781
European Commission – Ecodesign for Sustainable Products