Draft ID: a248fbb5-ab99-4bf6-94cc-fb8ab7e094b6
Date: 03/06/2021 06:59:11

Public Consultation on the Sustainable
Products Initiative
Fields marked with * are mandatory.

Introduction
Developing a Sustainable Products Policy Initiative as a key part of the Circular Economy Action Plan for acleaner and more competitive Europe (CEAP)[1] is one of the main flagships of the European Green Deal[2] anda pillar of the New Industrial Strategy for Europe[3]. This legislative initiative will aim to make products fit for a
climate neutral, resource efficient and circular economy, reduce waste and ensure that the performance offrontrunners in sustainability progressively becomes the norm.
As announced in the new CEAP, the core of the Sustainable Product legislative Initiative will widen the scope of
the Ecodesign Directive[4] beyond energy-related products so as to make it applicable to the broadest possible
range of products (including services where appropriate) and make it deliver on circularity.
The Commission committed to consider such amendments to the Ecodesign Directive, and, where appropriate,
complementary legislative proposals, to regulate the following sustainability aspects: product durability,
reusability, upgradability and reparability; the presence of hazardous chemicals in products; energy and resource
efficiency; recycled content in products; remanufacturing and high-quality recycling; carbon and environmental
footprints; restrictions to single-use and premature obsolescence; a ban on the destruction of unsold durable
goods; circular business models; digitalisation of product information and ways to reward the most sustainableproducts.
It will also strengthen information requirements and establish a digital product passport that gathers data on a
product along its value chain, among other things on environmental characteristics, repair and upgrade
instructions, presence of hazardous chemicals, reusability, recycled material content, recycling, and correct
disposal and waste stream information, so as to enable consumers and businesses to understand thecomposition and properties of products, and enable compliance authorities to better fulfil their duties.
Priority products under the Sustainable Product Policy legislative initiative identified in the CEAP are electronics,
ICT, textiles, furniture and high-impact intermediary products such as steel, cement and chemicals. (Theinitiative will not cover food and feed products.) Further product groups are to be identified based on theirenvironmental impact and circularity potential. The Commission will also seek to increase the effectiveness ofthe current Ecodesign framework for energy-related products, including through the Ecodesign and Energy
Labelling Working Plan 2020-2024.
The Sustainable Product legislative Initiative aims primarily at advancing sustainability at the design phase. As
laid down in the Circular Economy Action Plan, it is part of a broader framework, which includes initiatives on

1

empowering consumers and public buyers and promoting circularity in production processes.
Further background can be found in the Inception Impact Assessment on the Sustainable Products Initiative,
which was published by the Commission in 2020[5].
The aim of this public consultation is to gather opinions and evidence from the public and relevant stakeholders
on the main policy options for the legislative initiative.
The questionnaire is divided into four sections:First section: Introduction
Second section: “About you” questions
Third section: Main consultation questions:
Challenges to making products sustainable
Measures to make sustainable products the norm

Design for sustainability - sustainability requirements for products
Responsibility for information, including Digital Product Passport(s)Avoidance of destruction of goods
Circular business models
Incentives for circularity
Compliance with and enforcement of sustainability requirements for products
Fourth section: Optional additional comments[1] https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2020:98:FIN[2] https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1588580774040&uri=CELEX:52019DC0640[3] https://ec.europa.eu/commission/presscorner/detail/en/ip_20_416[4] https://ec.europa.eu/growth/industry/sustainability/product-policy-and-ecodesign[5] https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12567-Sustainable-Products-Initiative

About you
* Language of my contribution

Bulgarian
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EnglishEstonian
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MaltesePolishPortuguese
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SpanishSwedish* I am giving my contribution as

Academic/research institution
Business association
Company/business organisation
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EU citizen
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Public authority
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Other
Please specify your sector:
Agriculture, forestry and fishing
Apparel and footwear
Chemicals and chemical products
Construction
Electrical equipment
Computers, electronic and optical products
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Food and beverages
Materials (e.g. metals, plastics, paper)
Retail & wholesale trade
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Insurance, reinsurance and pension funding
Accommodation and food service activities
Other
Please specify the type of product your organisation produces or represents:
Intermediate product (e.g. ingredient or component for a final product)
Final product (used as it is)
Both intermediate and final products
Other (e.g. services):
Please indicate the level of market(s) you are active on:
Local market
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Not applicable* First name
CHIAKI* SurnameMORIKAWA* Email (this won't be published)morikawa@jmcti.or.jp* Organisation name255 character(s) maximum
Japan Machinery Center for Trade and Investment

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* Organisation size

Micro (1 to 9 employees)
Small (10 to 49 employees)
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Transparency register number
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Check if your organisation is on the transparency register. It's a voluntary database for organisations seeking to
influence EU decision-making.

* Country of origin
Please add your country of origin, or that of your organisation.

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and Miquelon

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Republic

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and theGrenadines

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and McDonald
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Burundi

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Sahara7

Cyprus

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Yemen

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The Commission will publish all contributions to this public consultation. You can choose whether you
would prefer to have your details published or to remain anonymous when your contribution is published. For the purpose of transparency, the type of respondent (for example, ‘business association,‘consumer association’, ‘EU citizen’) country of origin, organisation name and size, and its
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name will also be published.
I agree with the personal data protection provisions

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Main questions
1. Challenges to making products sustainable

1.A To what extent do you agree that the following market-related statements
explain why products sold in the EU are not more sustainable?
I do
Strongly
agree

Agree

NeutralDisagreeStrongly
disagreenotknow /
noopiniona. Economic actors do not haveadequate and reliable
information on the sustainabilityof productsb. Products such as electronics
become obsolete quickly
because of technologicalinnovations
c. Some products are designed
for shorter term use due tochanging fashion trends
d. Many products are notdesigned to be easily repaired or
upgradede. Some products are designed
to break down after a certain
amount of time (planned
obsolescence)f. Materials used in products are
more and more complex anddifficult to recycleg. Products do not sufficiently
cover the costs of the harm that
their production and use cause
to the environment
h. More sustainable products areoften too expensive forhouseholds with lower incomesi. The cost of repairing a productis too high, in comparison withbuying a brand new product9j. For electronics, as well as forfashion products, there are notenough places where products
can be repairedk. The quality of second hand
goods cannot be guaranteed oris difficult to assess

1.B To what extent do you agree that the following policy-related statements
explain why products sold in the EU are not more sustainable?
I do
Strongly
agree

Agree

NeutralDisagreeStrongly
disagreenotknow /
noopiniona. There is no harmonized set of
requirements to foster thesustainable design of products
placed on the EU market
b. There is no harmonized set of
requirements to foster thesustainability of services
provided in the EU
c. Voluntary approaches, suchas labelling, do not provide
sufficient incentives forbusinesses to offer moresustainable products
d. Diverging national rules andlack of a harmonized set of EU
rules discourage large
businesses, which operate
across various EU Member
States, from offering moresustainable productse. There are insufficientincentives to reward products
based on their different
sustainability performances

1.C Other relevant market or policy-related challenges to making products moresustainable in the EU (please specify) and/or other comments you may have:
500 character(s) maximum

102. Measures to make sustainable products the norm

2.A Design for sustainability - sustainability requirements for products
As set out in the CEAP, the Commission intends to set product design rules andgeneral product requirements to foster the overall sustainability of products in the
EU. Among other aspects, these rules should cover:
improving product durability, reusability, upgradability and reparability,
addressing the presence of hazardous chemicals in products, and increasing
their energy and resource efficiency;
increasing recycled content in products, while ensuring their performance andsafety;enabling remanufacturing and high-quality recycling;
reducing carbon and environmental footprints;
restricting single-use and countering premature obsolescence.

In your view, how effective would the following measures be in achieving theseobjectives? Please rate the choices below from 1 to 5, with 1 denoting low
preference and 5 high preference.
I do
not
1

2

3

4

5

know/
no
opiniona. Set binding rules detailing, at product group level, what
actions producers are obliged to take to improve theirproducts’ durability, reusability, upgradability and reparability(for example, for electronic/ICT products, setting a minimum
number of cycles during which the battery must function
properly)b. Require producers/importers to prove that the design of
their products respects the following prioritization: (firstpreference) that the product is capable of being reused/repaired/shared; (second preference) that the product iscapable of being remanufactured/refurbished/upgraded; (third preference) that the product is capable of being
recycled

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c. Require producers/importers to prove that they haveassessed possible causes of failures and addressed them,with a view to optimising product durability
d. Require producers/importers to prioritise modular designof their products, so as to facilitate repair, remanufacture,
upgrade and disassembly (for example, for ICT products,
batteries, screens and back covers should be removable inless than a defined number of steps).
e. Require producers/importers to ensure information on
repairability is provided on or with a productf. Require producers/importers to ensure information onaccess to repair services is provided on or with a productg. Require producers/importers to offer product guarantees,
which could include "commitment to free repair as first
remedy" in case of failures and a "commitment to upgrade
the product periodically”
h. Require producers/importers to display a repairability
score on their products, in line with harmonized
requirements at EU level, to facilitate comparison of productrepairability
i. Require producers/importers to establish a repair network
for their products
j. Require producers/importers to ensure information on a
product’s average expected lifespan is provided on or with aproduct
k. Require producers/importers to ensure information on thechemical content of a product is provided on or with aproductl. Ban the use of a substance or substances in a given
product, should such substances be found to inhibit productrecyclability
m. Require producers/importers to publish information on
how they have prioritised materials that are safe andsustainable-by-design, and have substituted chemicals ofconcern with safer ones whenever possible
n. Require additional information to be made available onmaterial sources, e.g. content in the product of critical raw
materials and minerals from conflict-affected and high-risk
areas

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2.B Responsibility for information, including Digital Product Passport
One of the options considered for a new Sustainable Products legislative Initiative is the development of digital ‘productpassport(s)’, which would provide producers and other key supply chain actors, consumers and market surveillanceauthorities with information relevant for ensuring the sustainable management of a product (maintenance, repair, remanufacturing, recycling, control of compliance, etc.).
2.B.1 In your opinion, what information should be collected as part of such a digital ‘product passport’?
I doStrongly
agree

Agree

NeutralDisagreeStrongly
disagreenotknow /
noopiniona. Economic actors at the origin of information (Manufacturer/Service provider/Retailer/Distributor/Recycler/ Providers of Repairability services)b. List of materials and substances present in the productc. Quantities of materials and substances present in the productd. Recycled content of each material present in the producte. Presence in the product of hazardous chemicals, and if so, their location
f. List of legislation and standards that the product complies with, or the technicalspecifications that it fulfils
g. Results of compliance tests against legislations, standards or technical specifications
h. Expected lifespan of the product13

i. Information relevant for testing, dis­assembly, maintenance, repair or re­assembly (e.
g. test protocol, disassembly process and instructions, etc.)
j. Information on safe use and instructions, where applicablek. Information relevant to re-manufacture and spare parts (e.g. CAD technicaldrawings, 3D-printing files)
l. Information on Product Environmental and/or carbon footprint, or other relevant
sustainability characteristics
m. Social conditions along the value chain (e.g. working and pay conditions; respect ofhuman rights)
n. Information on the origin of product components
o. Information on material sources (e.g. conflict-free materials, responsible mining etc.)
p. Any possession of sustainability labels, such as the EU Ecolabel
q. Information on how the product should be recycled and/or handled at the end of life14

2.B.2 In your view, what are the biggest challenges to ensuring a successful
establishment and implementation of digital product passport(s)? Please selectyour top preferences from the list below.
at most 3 choice(s)a. Managing confidential data (for example making sure that information is
only available to those entitled to access it)b. Minimising administrative burden by re-using data already uploaded on
existing databases and ensuring their interoperability
c. Managing the complexity of products and value chains and the quantity ofdata that is required to make such a passport effectived. Minimising the costs and environmental impacts involved in setting up adigital ‘product passport'
e. Ensuring the relevance and reliability of the information included in the
passport

2.C Avoidance of destruction of unsold durable goods
The Commission intends to ban the destruction of unsold durable goods (e.g. home
appliances, textiles, electronic equipment etc.)
2.C.1 In your view, are there categories of products that should be excluded fromthis ban?
a. Defective goods
b. Goods not complying with relevant legislationc. Highly inefficient products
d. Defunct accessories/spare parts of products no longer on the market
e. Counterfeit products
f. Products that pose a health or safety riskg. Products that are not usable after a certain date
2.C.2 What additional measures should be taken to decrease the amount of unsold
goods in the EU, thereby complementing this ban?
at most 4 choice(s)a. Selling damaged products at a discounted priceb. Fostering donation schemesc. Fostering reconditioning and remanufacturing schemes15

d. Fostering a producer ‘duty of care’, whereby producers take measures toensure that products are not damaged during distribution, transport orstoragee. Fostering greater transparency by producers regarding their productreturn rates and unsold goods policies
f. Boosting more sustainable business models such as on-demand
production

2.D Circular business models
2.D.1 Circular business model types
2.D.1.a The ways in which businesses operate strongly influence how products areproduced and consumed. The table below presents several (non-exhaustive)
categories of circular business models, together with a brief description of them.
How effective do you think these models can be in terms of encouraging moresustainable production and consumption patterns? Please rate from 1 to 5, with 1
denoting low impact and 5 high impact.
I do
not
1

2

3

4

5

know /
noopiniona. Product-service systems (i.e. users do not buy the
product from manufacturers/owners but rather the service
associated with the product, e.g. car leasing. This meansthat the manufacturer/owner is responsible for repairing andmaintaining the product, thus incentivizing better reparability
and potentially longer lifespan of the product)b. Collaborative and sharing economy (i.e. where sharing ofproducts replaces purchasing, e.g. for power tools or otherproducts that consumers use only occasionally. As a result,less resources are used to satisfy the same needs)c. Reverse logistics (i.e. where the reverse transport ofproducts, from consumer to producer, is arranged in view of
repair or reuse. e.g. beer bottles or old phones)d. On-demand production (i.e. where the production of
goods occurs only for those customers expressly requesting
them, thus preventing overproduction and waste)16

2.D.1.b Other relevant circular business models not included in the list above(please specify):
500 character(s) maximum

2.D.2 Challenges
What in your view are the main barriers to successful deployment of more circularbusiness models in the EU? Please rate from 1 to 5, with 1 denoting low
importance and 5 high importance?
I do
not
1

2

3

4

5

know /
noopiniona. The profitability of these business models is not viewed
as sufficient, or is viewed as too high-riskb. The initial investment costs and financial capital required
to establish such business models are too highc. Banks and investors are often unwilling to provide thecredit and funding necessary to initially establish thesebusiness models
d. There is a lack of demonstrable success stories or largescale projects demonstrating the business case for suchbusiness models
e. There is a lack of tools and methods to measure (longterm) benefits of circularity for businesses, including thefinancial benefits
f. There is insufficient proof of adequate consumer demand
for these business models
g. Consumer awareness of and responsiveness to thesebusiness models are insufficienth. There is a lack of training for entrepreneurs/potential
entrepreneurs in how circular business models operate
i. There is a lack of the technical skills necessary to performthe functions required by these business models (repair;maintenance etc.)
j. These business models are more difficult for SMEs toadopt, e.g. given the initial investment costs

17

k. A clear regulatory framework to support such businessmodels is missing

2.D.3 Enabling circular business models
Taking as examples the models mentioned above, how in your view can the EU
best enable or regulate circular business models?
Please select the business model(s) for which you wish to provide a response, thenindicate your preferences from the list(s) of options that appear:
1. Product-service systems
2. Collaborative and sharing economy
3. Reverse logistics
4. On-demand production

2.E Incentives for circularity
Regulatory, market and reputational incentives are necessary to encourage moresustainable production and consumption patterns. The Commission is examining
what the most effective measures in this respect are, and how products can be
rewarded based on their sustainability performance.
In your view, how important are the following measures? Please rate the choices
below from 1 to 5, with 1 denoting low preference and 5 high preference.
I do
not
1

2

3

4

5

know /
noopiniona. Modulation of fees on the sustainability of products under
Extended Producer Responsibility schemes (e.g. producers
who place products that are more easily recyclable on the
EU market pay reduced fees)
b. Recognizing voluntary commitments by producers toincrease the sustainability of their productsc. Making better use of standardisation to promotesustainability
d. Increasing transparency on the performance of products
as regards sustainability, for instance by identifying different
levels of sustainability performance at EU level18

e. Better use and promotion of voluntary sustainability
labels, such as the EU Ecolabelf. Improving access to finance for the production andconsumption of more sustainable products
g. Developing and implementing mandatory Green Public
Procurement criteria and targets

2.F Measures to make sustainable products the norm: other comments
Other comments you may have relating to any of the sections covered in ‘Question
2 – Measures to make sustainable products the norm’:
500 character(s) maximum
In case of 2E.a, the concept that promotes the circular economy by providing incentives for producers
through a modulation of fee regarding their voluntary environmental performance, on which we agree. It
should be in place so far as not to create the burden on the producers.

3. Compliance with and enforcement of sustainability requirements for
products

3.A Compliance with requirements and enforcement of sustainable product policy
are crucial for achieving results. Enforcement can be carried out via market
surveillance within the EU Single Market and via customs checks at its borders.
Market surveillance is the responsibility of the Member States and was the object of
the recently revised Regulation (EU) 2019/1020 of 20 June 2019 on market
surveillance and compliance of products. How do you think the European
Commission could contribute further to this dimension? Please rate from 1 to 5
each action presented in the table, with 1 denoting low importance and 5 highimportance.
I do
not
1

2

3

4

5

know /
noopiniona. Set verification targets for the products deemed most
likely to be non-compliant (e.g. electronic gadgets)

19

b. Support Member States in the distribution of surveillancetasks per product category (e.g. Member State A
responsible for construction materials; Member State B for
heating & cooling equipment etc.)
c. Require third-party certification or inspection to simplify
the work of Member State enforcement authorities
d. Accompanying measures from the European Commission
to Member States (e.g. guidance, support etc.)
e. Create a central reporting point/website to enableconsumers to provide feedback on products that do notmeet their sustainability requirements

3.B According to your experience with the Ecodesign Directive (if any), are there
any market surveillance issues related to the current Directive that you think need
to be considered in a future Ecodesign legislation?
500 character(s) maximum
In case of 3A.c, we believe that this third-party certifications should not be mandatory for all products and therequirement of those products. We agree it if this third –party certification or inspection is applied to simplify
the operation of market surveillance at Member State.

Optional additional comments
If you wish to add further information, comments or suggestions (relevant to thescope of this Public Consultation), please do so here:
2000 character(s) maximum

If you wish to upload a supporting file, please do so here
Only files of the type pdf,txt,doc,docx,odt,rtf are allowed

Contact
ENV-PRODUCT-POLICY@ec.europa.eu

2021