Section outline

  • The Ecodesign for Sustainable Product Regulation (ESPR) is an initiative, consisting of a package of measures. It entered into force in July 2024. 

    The ESPR provides concrete regulatory measures that help achieve the Green Deal’s circular economy goals, translating its broad goals into specific product requirements to ensure that the EU market shifts toward sustainable production and pushing manufacturers to adopt sustainable practices. Furthermore, the ESPR sets binding conditions that textile products must meet to enter the EU market. The new requirements will be defined under specific delegated acts for product groups, such as textiles, electronics or furniture. The delegated acts will detail the new requirements for the products, in terms of design, durability, reparability, recyclability, etc.

    As the ECHT project focuses on tracing back which chemicals are present in an article, we focus here on the definition of substances of concern (SoC) under the ESPR. Furthermore, we provide a short overview of the Digital Product Passport (DPP), a central measure under the ESPR.

    Substances of concern (SoC)

    Recital 31 of the ESPR states: “Information on the presence of substances of concern in products is a key element to identify and promote products that are sustainable. The chemical composition of products largely determines their functionalities and impacts, as well as the possibility for their reuse or for recovery once they become waste”.

    Article 2(27) of the ESPR defines a substance of concern as a substance that:

    (a) meets the criteria laid down in Article 57 of Regulation (EC) No 1907/2006 and is identified in accordance with Article 59(1) of that Regulation;

    (b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories:

    (i) carcinogenicity categories 1 and 2;

    (ii) germ cell mutagenicity categories 1 and 2;

    (iii) reproductive toxicity categories 1 and 2;

    (iv) endocrine disruption for human health categories 1 and 2;

    (v) endocrine disruption for the environment categories 1 and 2;

    (vi) persistent, mobile and toxic or very persistent, very mobile properties;

    (vii) persistent, bioaccumulative and toxic or very persistent, very bioaccumulative properties;

    (viii) respiratory sensitisation category 1;

    (ix) skin sensitisation category 1;

    (x) hazardous to the aquatic environment — categories chronic 1 to 4;

    (xi) hazardous to the ozone layer;

    (xii) specific target organ toxicity — repeated exposure categories 1 and 2;

    (xiii) specific target organ toxicity — single exposure categories 1 and 2;

    (c) is regulated under Regulation (EU) 2019/1021; or

    (d) negatively affects the reuse and recycling of materials in the product in which it is present;

    The Candidate List mentioned under (a), the CLP Annex VI – harmonised classifications mentioned under (b) and the list of substances subject to POPs Regulation mentioned under (c) can also be found on ECHA CHEM.

    Overview of the Digital Product Passport

    A new measure featured in the ESPR is the implementation of a Digital Product Passport (DPP). The DPP aims to electronically register, process and share information amongst the supply chain actors, authorities and consumers. It is defined by the European Commission as a structured collection of product related data with pre-defined scope and agreed data ownership and access rights conveyed through a unique identifier, and that is accessible via electronic means through a data carrier.

    According to Article 9(3) of the ESPR, the DPP “should”:

    (a) ensure that actors along the value chain, in particular consumers, economic operators and competent national authorities, can access product information relevant to them;

    (b) facilitate the verification of product compliance by competent national authorities; and

    (c) improve traceability of products along the value chain.

    DPP datasets will include both mandatory information and, optionally, additional voluntary data provided by manufacturers. Technical requirements for the digital product passport are defined in Article 9(2) and 10 of the ESPR.

    Detailed regulatory information about the DPP can be found in Chapter III of the ESPR regulation. A delegated act on textiles and footwear, which will define detailed DPP requirements for textile products, is expected to be published in 2027.