ESPR vs Previous Ecodesign Directive: What Changed

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From Directive to Regulation: A Fundamental Shift

The transition from the Ecodesign Directive (2009/125/EC) to the Ecodesign for Sustainable Products Regulation (ESPR, EU Regulation 2024/1781) represents far more than a routine legislative update. It is a fundamental reimagining of how the European Union approaches product sustainability. The change from a directive to a regulation is itself significant: whilst directives must be transposed into national law by each member state, allowing for variations in implementation, regulations apply directly and uniformly across all EU member states from the date they take effect.

This shift to a regulation ensures consistent application of ecodesign requirements throughout the single market, eliminating the patchwork of slightly different national implementations that characterised the directive era. For businesses, this means a single set of rules to comply with rather than 27 potentially different national interpretations. For enforcement authorities, it means a common legal basis for action that simplifies cross-border cooperation and reduces regulatory arbitrage.

The ESPR also reflects over a decade of experience with the original directive's strengths and limitations. Whilst the Ecodesign Directive is widely credited with driving significant energy efficiency improvements in products like household appliances and lighting, its narrow scope and slow delegated act process limited its overall impact on sustainability. The ESPR addresses these limitations directly, as we shall explore throughout this article. For a comprehensive overview of the new regulation, see our complete ESPR regulation guide.

Dramatic Expansion of Product Scope

The most immediately striking difference between the Ecodesign Directive and the ESPR is the enormous expansion of product scope. The original directive applied exclusively to "energy-related products", products that use, generate, transfer, or measure energy, or products that have an impact on energy consumption during use. This definition covered approximately 30 product categories including household appliances, electric motors, lighting, heating and cooling equipment, and consumer electronics.

The ESPR removes this energy-related limitation entirely. Under the new regulation, the European Commission can set ecodesign requirements for virtually any physical product placed on the EU market, regardless of whether it has any connection to energy use. This means that textiles, furniture, construction materials, chemicals, toys, sporting goods, and countless other product categories are now within the regulation's potential scope.

The practical implications of this expansion are enormous. Under the directive, entire sectors could be confident that ecodesign requirements would never apply to their products. Under the ESPR, no sector can make that assumption. The Commission has already identified priority product categories for early delegated acts, including textiles, iron and steel, aluminium, furniture, and tyres, but the framework allows requirements to be extended to any product category where the environmental case is compelling.

For businesses, this expansion means that product sustainability is no longer a concern limited to the energy and electronics sectors. Companies in every manufacturing sector should be assessing their products' environmental impact and preparing for the possibility that ecodesign requirements could apply to their product categories in the near or medium term.

Beyond Energy Efficiency: New Performance Parameters

The Ecodesign Directive focused primarily on energy efficiency during the use phase of a product's life. Whilst this delivered substantial benefits, the European Commission estimates that the directive's implementing measures save EU consumers approximately 120 billion euros per year in energy costs, it addressed only one dimension of a product's environmental impact. The manufacturing, transport, and end-of-life phases were largely ignored, as were non-energy environmental impacts such as material depletion, waste generation, and pollution.

The ESPR introduces a comprehensive set of performance parameters that address the full product lifecycle. In addition to energy efficiency, the regulation enables requirements to be set for:

• Durability and reliability over the product's expected lifespan
• Repairability, including design for repair and spare parts availability
• Recyclability and design for material recovery at end of life
• Recycled content requirements specifying minimum percentages
• Carbon footprint across the full product lifecycle
• Water consumption during manufacturing and use
• Substances of concern present in the product
• Resource efficiency and material intensity of manufacturing

This lifecycle approach represents a paradigm shift in product regulation. A product that is highly energy-efficient during use but manufactured from virgin materials using carbon-intensive processes, designed to be impossible to repair, and destined for landfill at end of life would no longer be considered sustainable under the ESPR framework. The regulation demands sustainability across all lifecycle stages, creating a more holistic and accurate assessment of environmental performance.

The Digital Product Passport: An Entirely New Requirement

The Digital Product Passport is perhaps the single most significant new element introduced by the ESPR, with no equivalent whatsoever in the previous Ecodesign Directive. Under the directive, product information requirements were limited to traditional documentation such as product labels, datasheets, and declarations of conformity. The ESPR transforms this approach by requiring a comprehensive digital record that follows the product throughout its entire lifecycle.

The DPP must be accessible through a data carrier, typically a QR code, physically attached to the product. It must contain detailed, standardised, machine-readable information about the product's composition, environmental performance, repairability, and end-of-life handling. The data must be stored in a decentralised system, registered with an EU-level registry, and accessible to different stakeholders through a tiered access control model.

The DPP requirement represents a fundamental change in how manufacturers must think about product information. Under the directive, information requirements were essentially one-way communications from manufacturer to consumer or authority. Under the ESPR, the DPP creates a dynamic, multi-stakeholder information system that supports not just regulatory compliance but also repair, refurbishment, resale, and recycling. For a detailed technical explanation, see our DPP technical overview.

For manufacturers, implementing DPP systems requires investment in data infrastructure, supply chain integration, and process changes that go well beyond anything required by the previous directive. However, these investments also create the foundation for new business models and value creation opportunities that were simply not possible under the old framework.

Strengthened Enforcement and Market Surveillance

Enforcement was a persistent weakness of the Ecodesign Directive. Market surveillance was conducted at national level with varying degrees of rigour, and non-compliant products, particularly imports from outside the EU, frequently escaped detection. The ESPR addresses these weaknesses through several significant enhancements to the enforcement framework.

The DPP itself serves as a powerful enforcement tool that was unavailable under the directive. By providing authorities with remote, digital access to detailed product data, DPPs enable risk-based surveillance that can cover far more products than traditional physical inspection methods. Authorities can screen products for compliance indicators through data analysis, reserving costly laboratory testing for cases where non-compliance is suspected.

The ESPR also strengthens customs controls for imported products. Under the directive, customs authorities had limited tools and legal basis for intercepting non-compliant products at the border. The ESPR provides customs officials with access to DPP data and clear authority to prevent products from entering the market if they lack required documentation or fail preliminary compliance checks.

Coordination between national enforcement authorities is also enhanced. The regulation establishes information-sharing mechanisms that allow authorities in different member states to alert each other to non-compliant products, coordinate enforcement campaigns, and share best practices. This addresses the "weakest link" problem where non-compliant products entered the market through member states with less rigorous surveillance. The full regulation text details these enforcement provisions comprehensively.

Ban on Destruction of Unsold Goods

The ban on the destruction of unsold consumer goods is another entirely new provision with no precedent in the Ecodesign Directive. Under the old framework, there was no regulatory mechanism to prevent manufacturers or retailers from destroying perfectly functional unsold products. Investigative journalism and NGO campaigns revealed that this practice was widespread, particularly in the fast fashion and consumer electronics sectors, leading to public outrage and demands for action.

The ESPR directly prohibits the destruction of unsold clothing, footwear, and electrical and electronic equipment, with the possibility of extending the ban to additional product categories through delegated acts. Companies subject to the ban must publicly report on the quantities of unsold goods they dispose of, creating transparency and accountability around waste generation in their operations.

This provision exemplifies a broader philosophical shift between the directive and the regulation. The Ecodesign Directive focused on product design and performance; the ESPR extends its reach to business practices and market behaviour. By addressing not just how products are designed but also how they are managed throughout their commercial life, the regulation takes a more systemic approach to sustainability.

The practical implications for businesses include the need to improve demand forecasting, develop alternative channels for unsold inventory (such as outlet stores, donation programmes, or recycling partnerships), and establish tracking systems that can document compliance with disclosure requirements.

Self-Regulation and Voluntary Agreements

Both the Ecodesign Directive and the ESPR include provisions for industry self-regulation as an alternative to mandatory requirements. Under the directive, a limited number of voluntary agreements were recognised, allowing industry sectors to set and enforce their own standards in place of binding regulation. The ESPR refines this approach, setting clearer criteria for when self-regulation is acceptable and stronger mechanisms for monitoring compliance.

Under the ESPR, voluntary agreements can only substitute for mandatory requirements if they cover a significant proportion of the market, set targets that are at least as ambitious as those the Commission would set through delegated acts, include robust monitoring and reporting mechanisms, and provide for meaningful consequences for non-compliance. If these conditions are not met, or if an agreement fails to deliver the expected results, the Commission retains the right to proceed with binding requirements.

The refined self-regulation framework reflects a pragmatic recognition that industry-led approaches can sometimes deliver faster and more effective results than traditional regulation, particularly in sectors where technological change is rapid and regulatory processes struggle to keep pace. However, the stricter criteria and oversight mechanisms also reflect lessons learned from cases where voluntary agreements under the directive failed to deliver meaningful environmental improvements.

For industry associations and sector bodies, the ESPR creates both an incentive and a framework for proactive self-regulation. By demonstrating leadership through credible voluntary commitments, sectors can potentially avoid the more prescriptive requirements that might otherwise be imposed through delegated acts. Our ESPR timeline guide provides information on when delegated acts are expected for different sectors, helping industries assess whether voluntary approaches could be viable.

What the Changes Mean for Businesses

The cumulative effect of the changes from the Ecodesign Directive to the ESPR is transformative. Businesses face a regulatory environment that is broader in scope, more demanding in its requirements, more sophisticated in its enforcement, and more ambitious in its sustainability objectives. The transition requires not just procedural adjustments but a fundamental rethinking of how products are designed, manufactured, documented, and managed throughout their lifecycle.

Key differences that businesses must address include:

• Scope expansion from energy-related products to virtually all physical goods
• Performance parameters extending from energy efficiency alone to full lifecycle sustainability
• Digital Product Passport requirements with no precedent under the previous directive
• Enhanced enforcement through DPP-enabled surveillance and strengthened customs controls
• Transparency obligations including unsold goods destruction bans and public reporting
• Green public procurement criteria affecting access to government contracts

Despite the scale of these changes, the ESPR also creates significant opportunities. Companies that invest early in sustainable product design, robust data systems, and circular economy business models will gain competitive advantages in a market that increasingly values transparency and sustainability. The transition period is substantial, most delegated acts will not take effect until 2028 or later, but the preparation required is equally substantial.

Businesses should begin by thoroughly understanding the regulation and its implications for their specific product categories. Our ESPR compliance checklist provides a practical, step-by-step framework for this essential preparation process, ensuring that no critical requirements are overlooked.