Eversheds Sutherland | EU: Ecodesign for Sustainable Products Regulation Working Plan

The ESPR aims to improve the environmental performance of a wide range of products throughout their life cycle. It introduces new rules covering both product performance – such as durability, availability of spare parts, and minimum recycled content – and product information, including environmental footprint and key features. Much of this information will be made accessible through compulsory tools like the Digital Product Passport (DPP).

The Working Plan outlines the EU’s roadmap for implementation, with a strong focus on high-impact sectors such as textiles, furniture, tyres, steel, and aluminium. These sectors will face stricter rules on durability, repairability, and recycled content. Between 2027 and 2029, specific requirements will be introduced through delegated acts, targeting either individual products or groups of similar products.

For businesses, this signals a significant shift in compliance expectations. Ignoring the ESPR could mean fines, restricted market access, or reputational damage. Now is the time to review and update your design and production processes. Making smarter, more sustainable choices early -before mass production of your products begins – can help you stay ahead of the curve and turn compliance into competitive advantage.

What should I do?

• Check if your products are in the priority list. Expect specific rules to be rolled out over time.
• Start preparing for DPPs. Integrate mandatory DPPs for products ensuring traceability of materials, recyclability data, and supply chain transparency.
• Audit unsold inventory practices. By 2026, large companies must audit and report how they manage unsold textiles (whether discarded, recycled, or donated) to reduce waste and increase transparency. SMEs will follow similar rules by 2030.
• Engage with industry consultations to influence upcoming requirements, especially for horizontal measures like repairability.
• Assess product design. Focus on durability, recycled content, and energy efficiency to align with future standards.
• Design products for easier repairs to meet the new repairability score standards.
• Work with suppliers to make sure materials meet the ESPR’s sustainability criteria, avoiding market access issues.

Beyond immediate actions, understand the broader implications and future developments of the Working Plan.

What else do I need to know?

The Working Plan is just the beginning. Expect further delegated acts by 2030, expanding to more sectors (e.g., plastics, chemicals). While the Working Plan highlights several product groups, some say it does not go far enough – its scope appears narrow for the scale of the challenge. It aims to boost circularity, but without covering more categories, it might fall short of delivering the necessary impact. For the ESPR to truly succeed, strong enforcement and broader product coverage are key. Smaller businesses, in particular, will need clear guidance and financial support to keep pace, as they often lack the resources of larger businesses.

Striking the right balance is also important. If the rules are too strict or poorly supported, production could shift outside the EU, undermining the ESPR’s core goal. In that case, the EU might still import unsustainable products, effectively outsourcing environmental harm rather than reducing it.

To be effective, the ESPR must be ambitious yet realistic – grounded in strong policy design, industry collaboration, and a clear path forward. For businesses, this is more than a compliance issue. It is a chance to future-proof operations, build consumer trust, and gain a competitive edge in a market that is rapidly shifting toward sustainability.