Ecodesign for Sustainable Products Regulation (ESPR)

The EU Ecodesign for Sustainable Products Regulation (ESPR), which came into force on July 18, 2024, significantly enhances the sustainability of plastic products in the EU. For instance, the ESPR establishes requirements for designing plastic products to ensure they are durable, reusable, and recyclable. This includes making products easier to disassemble and recycle, which helps reduce plastic waste and promotes a circular economy.

The regulation mandates the inclusion of recycled plastic content in new plastic products. This fosters a market for recycled plastics and diminishes the reliance on virgin materials, contributing to resource efficiency and sustainability.

ESPR aligns with the EU’s broader circular economy goals by promoting the use of sustainable materials, decreasing plastic waste, and encouraging the development of innovative recycling technologies. By establishing ecodesign requirements, the ESPR ensures that plastic products are designed to be more durable, reusable, and recyclable. This reduces the dependence on single-use plastics and fosters the creation of items that can be easily repaired or repurposed. Moreover, the ESPR aims to limit the use of hazardous substances in plastic products, making them safer for recycling and minimizing the environmental impact of plastic waste.

By creating consistent rules across the EU, the ESPR provides that all Member States comply with the same standards for plastic product design and waste management. This harmonization helps streamline efforts to reduce plastic waste throughout the region. Overall, the ESPR plays a crucial role in tackling the plastic pollution crisis by promoting sustainable product design, minimizing harmful substances, and supporting circular economy practices

Substances of concern

The ESPR addresses the presence of hazardous substances in plastic products by introducing a broad and dynamic definition of Substances of Concern (SoCs), which encompasses substances that pose significant risks to human health and the environment. This definition is based on the European Commission’s Chemicals Strategy for Sustainability. It includes substances hazardous to human health or the environment, such as carcinogens, mutagens, and reproductive toxins. By setting limits on harmful chemicals, the regulation ensures that plastics are safer for consumers and the environment. It supports full chemical transparency and traceability throughout the entire value chain, ensuring that all stakeholders, including consumers, are aware of the presence of hazardous chemicals in products. The ESPR sets specific restrictions and bans on certain hazardous substances. For example, it incorporates limits from other EU legislation, such as the restrictions on phthalates in toys, and applies them to relevant sectors.

What is the definition of “substance of concern” in ESPR?
The definition can be found in Article 2(27) ESPR. It states the following:
(27) ‘substance of concern’ means 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;

This first part of the definition refers to substances identified as substances of very high concern (SVHC) in accordance with Article 59 of Regulation 1907/2006 concerning Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).

(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;

The second part of the definition refers to substances with harmonised classification in one of the selected hazard classes or categories under Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures (CLP Regulation). This means that only substances with harmonised classification are included, while self-classified substances are not.

(c) is regulated under Regulation (EU) 2019/1021; or
The third part of the definition refers to persistent organic pollutants regulated under the legislation on Persistent Organic Pollutants.

(d) negatively affects the reuse and recycling of materials in the product in which it is present
The last part of the definition refers to substances that will be product specific and defined in product-specific delegated acts adopted under the ESPR.

Digital Product Passport

Additionally, the regulation introduces a Digital Product Passport (DPP) for products, including plastic products, providing information on their composition, recyclability, and environmental impact. Furthermore, the DPP offers detailed insights into the chemical makeup of products, assisting consumers in making informed choices and aiding improved waste management.