Official Journal
of the European Union
20241781
EN
L series
28.6.2024
REGULATION EU 20241781 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 13 June 2024
establishing a framework for the setting of ecodesign requirements for sustainable products,
amending Directive EU 20201828 and Regulation EU 20231542 and repealing Directive
2009125EC
Text with EEA relevance
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee 1,
Acting in accordance with the ordinary legislative procedure 2,
Whereas
1
2
The European Green Deal set out in the communication of the Commission of 11 December 2019 is Europes
sustainable growth strategy and aims to transform the Union into a fair and prosperous society, with a modern,
competitive, climate-neutral and circular economy and toxic-free environment. It sets the ambitious objective of
ensuring that the Union becomes the first climate neutral continent by 2050. It recognises the advantages of
investing in the Unions competitive sustainability by building a fairer, greener and more digital Europe. Products
have a pivotal role to play in this green transition. Underlining that current production processes and consumption
patterns remain too linear and dependent on a throughput of new materials extracted, traded and processed into
goods that are finally disposed of as waste or emissions, the European Green Deal emphasises the urgent need to
transition to a circular economy model and stresses the significant progress that remains to be made. It also identifies
energy efficiency as a priority for the decarbonisation of the energy sector and for reaching the climate objectives in
2030 and 2050. To accelerate the transition to a circular economy model, the Commission designed a future-oriented agenda in its
communication of 11 March 2020 on a new Circular Economy Action Plan for a cleaner and more competitive
Europe CEAP, with the objective of making the regulatory framework fit for a sustainable future. The CEAP
underlines that, for citizens, the circular economy will provide high-quality, functional and safe products, which are
efficient and affordable, last longer and are designed for reuse, repair, and high-quality recycling. As set out in CEAP,
there is currently no comprehensive set of requirements to ensure that all products placed on the Union market
become increasingly sustainable and stand the test of circularity. In particular, product design does not sufficiently
promote sustainability over the whole life cycle. As a result, products are being replaced frequently, involving
significant energy and resource use in order to produce and distribute new products and dispose of old ones. It is still
too difficult for economic operators and citizens to make sustainable choices in relation to products, given that
relevant information and affordable options to do so are lacking.
This leads to missed opportunities for sustainability
and for value-retaining operations, limited demand for secondary materials and obstacles to the adoption of circular
business models. 1
2
OJ C 443, 22.11.2022, p. 123. Position of the European Parliament of 23 April 2024 not yet published in the Official Journal and decision of the Council of
27 May 2024. ELI httpdata.europa.euelireg20241781oj
189
EN
OJ L, 28.6.2024
3
4
5
6
7
8
A fully functioning internal market for sustainable products is a pre-requisite for the establishment of a circular
economy in the Union. Common ecodesign requirements at Union level would enable the development, deployment
and scaling-up of new circular economy business models throughout the internal market. Such measures would also
alleviate the burden on companies and provide industry and consumers with access to reliable and clear data,
thereby allowing for more sustainable choices to be made. The communication of the Commission of 10 March 2020 on a New Industrial Strategy for Europe sets out the
Unions overarching ambition to foster a twin transition to climate neutrality and digital leadership. It echoes the
European Green Deal in pointing to the leading role that Europes industry must play in that, by reducing its carbon
footprint and material footprint and embedding circularity across the economy, and underlines the need to move
away from traditional models, and revolutionise the way we design, make, use and dispose of products, as well as the
need for a secure supply of raw materials. Recycling and the use of secondary raw materials will help reduce the
Unions dependency. The communication of the Commission of 5 May 2021 on Updating the 2020 New Industrial
Strategy Building a stronger Single Market for Europes recovery reinforces the main messages of the 2020 Strategy
and focuses on the lessons from the COVID-19 crisis, including the need to foster resilience. In the absence of Union law, diverging national approaches in improving the environmental sustainability of
products have already emerged, ranging from information requirements concerning the duration of software
compatibility of electronic devices to reporting obligations on handling unsold durable goods. This is an indication
that further national efforts to achieve the aims pursued by this Regulation would likely lead to further
fragmentation of the internal market. Therefore, in order to contribute to the functioning of the internal market
while ensuring a high level of environmental protection, an ambitious regulatory framework to progressively
introduce ecodesign requirements for products is needed. This Regulation will establish such a framework, by
making the ecodesign approach initially set out in Directive 2009125EC of the European Parliament and of the
Council 3 applicable to the broadest possible range of products. This Regulation will support production and consumption patterns that are aligned with the Unions overall
sustainability targets, including climate, environmental, energy, resource-use and biodiversity targets, while staying
within planetary boundaries, by establishing a legislative framework which contributes to enabling products fit for
a climate-neutral, resource-efficient and circular economy, reducing waste and ensuring that the performance of
frontrunners in sustainability progressively becomes the norm. It should provide for the setting of new ecodesign
requirements to improve product durability, reliability, repairability, upgradability, reusability and recyclability,
improve possibilities for the refurbishment and maintenance of products, address the presence of hazardous
chemicals in products, increase the energy and resource efficiency of products, including with regard to the
possibility of recovery of strategic and critical raw materials, reduce their expected generation of waste and increase
the recycled content in products, while ensuring their performance and safety, enabling remanufacturing and
high-quality recycling and reducing carbon and environmental footprints. Ecodesign requirements should also address practices associated with premature obsolescence. Such practices have
an overall negative impact on the environment, in the form of increased waste and use of energy and materials,
which can be reduced through ecodesign requirements while contributing to sustainable consumption. The European Parliament, in its resolution of 25 November 2020 Towards a more sustainable single market for
business and consumers 4, welcomed promoting durable products which are easier to repair, reuse and recycle. In
its resolution of 10 February 2021 on the New Circular Economy Action Plan 5, the European Parliament
underlined that sustainable, circular, safe and non-toxic products and materials should become the norm in the
Union market and not the exception and should be seen as the default choice, which is attractive, affordable and
accessible for all consumers. The European Parliament also called for Union binding targets to significantly reduce
Union material and consumption footprints.
It considered that the transition to a circular economy can provide
solutions to address the current environmental challenges and the economic crisis brought about by the COVID-19
pandemic. The Council, in its conclusions on Making the Recovery Circular and Green adopted on 11 December
3
4
5
Directive 2009125EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting
of ecodesign requirements for energy-related products OJ L 285, 31.10.2009, p. 10. OJ C 425, 20.10.2021, p. 10. OJ C 465, 17.11.2021, p.
11. 289
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
2020, also welcomed the Commissions intention to submit legislative proposals as part of a comprehensive and
integrated sustainable product policy framework that promotes climate neutrality, energy and resource efficiency
and a non-toxic circular economy, protects public health and biodiversity, and empowers and protects consumers
and public buyers. 9
10
This Regulation will contribute to achieving the Unions climate and energy objectives. In line with the goals set out
in the Paris Agreement, adopted on 12 December 2015 under the United Nations Framework Convention on
Climate Change 6 the Paris Agreement, and approved by the Union on 5 October 2016 7, Regulation EU
20211119 of the European Parliament and of the Council 8 establishes a binding Union domestic reduction
commitment of net greenhouse gas emissions of at least 55 by 2030 and enshrines in legislation the target of
economy-wide climate neutrality by 2050. In 2021, the Commission adopted the Fit for 55 Package to make the
Unions climate and energy policies fit for achieving these objectives. To do so, in line with the energy efficiency first
principle enshrined in Directive EU 20182002 of the European Parliament and of the Council 9, energy efficiency
improvements need to be significantly stepped up, to around 36 in terms of final energy consumption by 2030. Product requirements established under this Regulation will play a significant role in the reaching of that target by
substantially decreasing products energy footprint. Those energy efficiency requirements will also reduce consumer
vulnerability to energy price increases. As recognised by the Paris Agreement, improving the sustainability of
consumption and production will also play an important role in addressing climate change. This Regulation will also contribute to achieving the Unions wider environmental objectives. The 8th Environment
Action Programme established by Decision EU 2022591 of the European Parliament and of the Council 10
enshrines in a legal framework the Unions objective of staying within the planetary boundaries and identifies
enabling conditions to achieve priority objectives, which include the transition to a nontoxic circular economy. The
European Green Deal also calls for the Union to better monitor, report, prevent and remedy air, water, soil and
consumer products pollution. This means that chemicals, materials and products have to be safe and sustainable by
design and during their life cycle, leading to non-toxic material cycles as set out in the communication of the
Commission of 12 May 2021 on an EU Action Plan Towards Zero Pollution for Air, Water and Soil and the
communication of the Commission of 14 October 2020 on a Chemicals Strategy for Sustainability Towards
a Toxic-Free Environment, which calls for the zero pollution ambition in production and consumption to be
embraced. In addition, both the European Green Deal and the CEAP recognise that the Union internal market
provides a critical mass that is able to influence global standards on product sustainability and product design. This
Regulation will therefore play a significant role towards achieving several targets established under the Sustainable
Development Goals of the United Nations 2030 Agenda for Sustainable Development, both inside and outside the
Union, in particular targets under Sustainable Development Goal 12 Responsible consumption and production. 11 Directive 2009125EC established a framework for the setting of ecodesign requirements for energy-related
products. Together with Regulation EU 20171369 of the European Parliament and of the Council 11, it has
significantly reduced Union primary energy demand for products and it is estimated that those savings will continue
to increase. Implementing measures adopted under Directive 2009125EC have also included requirements
concerning circularity aspects, such as durability, repairability and recyclability.
At the same time, instruments such
as the EU Ecolabel, introduced by Regulation EC No 662010 of the European Parliament and of the Council 12, or
the EU green public procurement criteria set out in the communication of the Commission of 16 July 2008 on
Public procurement for a better environment are broader in scope but have a reduced impact due to the limitations
of voluntary approaches. 6
7
8
9
10
11
12
OJ L 282, 19.10.2016, p. 4. Council Decision EU 20161841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement
adopted under the United Nations Framework Convention on Climate Change OJ L 282, 19.10.2016, p. 1. Regulation EU 20211119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for
achieving climate neutrality and amending Regulations EC No 4012009 and EU 20181999 European Climate Law OJ L 243,
9.7.2021, p. 1. Directive EU 20182002 of the European Parliament and of the Council of 11 December 2018 amending Directive 201227EU
on energy efficiency OJ L 328, 21.12.2018, p.
210. Decision EU 2022591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action
Programme to 2030 OJ L 114, 12.4.2022, p. 22. Regulation EU 20171369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling
and repealing Directive 201030EU OJ L 198, 28.7.2017, p. 1. Regulation EC No 662010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel OJ L 27,
30.1.2010, p. 1. ELI httpdata.europa.euelireg20241781oj
389
EN
OJ L, 28.6.2024
12 Directive 2009125EC has been generally successful in fostering the energy efficiency and some circularity aspects
of energy-related products, and its ecodesign approach has the potential to progressively address the sustainability of
all products. To deliver on European Green Deal commitments, this approach should be extended to other product
groups and systematically address key aspects for increasing the environmental sustainability of products with
binding requirements. By ensuring that only products that meet those requirements are placed on the Union market,
this Regulation will not only improve the free movement of such products by avoiding national disparities, but also
reduce the negative life cycle environmental impacts of products for which such requirements are set. 13
In order to create an effective and future-proof harmonised regulatory framework, it is necessary to provide for the
setting of ecodesign requirements for all physical goods placed on the market or put into service, including
components, such as tyres, and intermediate products. Digital content that is an integral part of a physical product is
to be included in the scope. This should allow the Commission to take into account the broadest range of products
possible when prioritising the setting of ecodesign requirements and thereby maximise their effectiveness. Where
needed, specific exemptions should be provided for when setting ecodesign requirements, in particular where
ecodesign requirements are not necessary to contribute to the environmental sustainability of specific products, or,
for example, for products with a particular use, products with a particular purpose that could not be fulfilled when
complying with ecodesign requirements or products produced in very small quantities, or taking into account the
specificity and size of the products market. In addition, this Regulation should not apply to products for which it is
already clear that ecodesign requirements would not be suitable or where other frameworks provide for the setting
of such requirements. This should be the case for food and feed as defined in Regulation EC No 1782002 of the
European Parliament and of the Council 13, for medicinal products as defined in Directive 200183EC of the
European Parliament and of the Council 14, for veterinary medicinal products as defined in Regulation EU 20196
of the European Parliament and of the Council 15, for living plants, animals and micro-organisms, for products of
human origin, for products of plants and animals relating directly to their future reproduction, and for vehicles as
referred to in Article 21 of Regulation EU No 1672013 of the European Parliament and of the Council 16, in
Article 21 of Regulation EU No 1682013 of the European Parliament and of the Council 17 and in Article 21
of Regulation EU 2018858 of the European Parliament and of the Council 18, in respect of those product aspects
for which requirements are set under sector-specific Union legislative acts applicable to those vehicles. Those
vehicles are subject to several product-specific requirements and different harmonised type-approval systems under
legal Union acts, such as Directives 200053EC 19 and 200564EC 20 of the European Parliament and of the
Council and Regulation EU 2018858. Additional harmonised requirements for vehicles should be limited to
aspects that are not currently addressed, for example environmental requirements for tyres. E-bikes and e-scooters
should, however, not be excluded from the scope of this Regulation.
14 Directive EU 20241275 of the European Parliament and of the Council 21 requires Member States to set
minimum energy performance requirements for building elements that form part of the building envelope and
system requirements in respect of overall energy performance, the proper installation and the appropriate
dimensioning, adjustment and control of technical building systems in new or existing buildings. It is consistent with
the objectives of this Regulation that those minimum energy performance requirements may in certain
13
14
15
16
17
18
19
20
21
Regulation EC No 1782002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles
and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety
OJ L 31, 1.2.2002, p. 1.
Directive 200183EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to
medicinal products for human use OJ L 311, 28.11.2001, p. 67. Regulation EU 20196 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and
repealing Directive 200182EC OJ L 4, 7.1.2019, p. 43. Regulation EU No 1672013 of the European Parliament and of the Council of 5 February 2013 on the approval and market
surveillance of agricultural and forestry vehicles OJ L 60, 2.3.2013, p. 1. Regulation EU No 1682013 of the European Parliament and of the Council of 15 January 2013 on the approval and market
surveillance of two- or three-wheel vehicles and quadricycles OJ L 60, 2.3.2013, p.
52. Regulation EU 2018858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance
of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending
Regulations EC No 7152007 and EC No 5952009 and repealing Directive 200746EC OJ L 151, 14.6.2018, p. 1. Directive 200053EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles OJ L 269,
21.10.2000, p. 34. Directive 200564EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles
with regard to their reusability, recyclability and recoverability and amending Council Directive 70156EEC OJ L 310, 25.11.2005,
p.
10. Directive EU 20241275 of the European Parliament and of the Council of 24 April 2024 on the energy performance of buildings
OJ L, 20241275, 8.5.2024, ELI httpdata.europa.euelidir20241275oj. 489
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
circumstances limit the installation of energy-related products which comply with this Regulation and its delegated
acts, provided that such requirements do not constitute an unjustifiable market barrier. 15
16
17
In order to improve the environmental sustainability of products and to ensure the free movement of products in the
internal market, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the
European Union TFEU should be delegated to the Commission to supplement this Regulation by setting ecodesign
requirements. Those ecodesign requirements should as a rule apply to specific product groups, such as household
washing machines and household washer-dryers. In order to maximise the effectiveness of ecodesign requirements
and to efficiently improve the environmental sustainability of products, it should also be possible to set one or more
horizontal ecodesign requirements for a wider range of product groups, such as electronic appliances or textiles. Horizontal ecodesign requirements should be established where the technical similarities of product groups allow
their environmental sustainability to be improved based on the same requirements. It is important that horizontal
requirements be developed in particular concerning durability and repairability. Ecodesign requirements should include, as appropriate, performance requirements or information requirements, or
both. Those requirements should be used to improve product aspects relevant for environmental sustainability, such
as durability, reusability, repairability, energy efficiency, recyclability, and carbon and environmental footprints. Ecodesign requirements should be transparent, objective, proportionate and in compliance with international trade
rules. The second-hand sector plays an important role in promoting sustainable production and consumption, including in
the development of new circular business models, and contributes to prolonging the lifetime of a product and
avoiding it becoming waste. Second-hand products, in particular products that undergo refurbishment or repair,
originating from within the Union are not new products and they can circulate within the internal market without
needing to comply with delegated acts setting ecodesign requirements that have entered into force after their placing
on the market. However, remanufactured products are considered new products and they will be subject to
ecodesign requirements if they fall within the scope of a delegated act. 18 Once a delegated act setting ecodesign requirements is adopted by the Commission for a given product group,
Member States should, in order to ensure the functioning of the internal market, no longer be allowed to set national
performance requirements based on product parameters covered by such performance requirements laid down in
that delegated act, and no longer be allowed to set national information requirements based on product parameters
covered by such information requirements laid down in that delegated act. In order to improve the environmental
sustainability of products and to ensure their free movement within the internal market, the Commission should be
empowered to establish that no ecodesign requirements in the form of performance requirements or in the form of
information requirements are necessary in relation to a specific product parameter if a requirement related to that
specific product parameter would have a negative impact on the ecodesign requirements considered for the product
group. 19 When setting ecodesign requirements, the Commission should take into account the nature and purpose of the
products concerned as well as the characteristics of the relevant markets. For example, defence equipment needs to
be able to operate under specific and sometimes harsh conditions, and that needs to be considered when setting
ecodesign requirements. Certain information on defence equipment should not be disclosed and should be
protected. Ecodesign requirements should thus not be set for products with the sole purpose of serving defence or
national security. It is important that for other military or sensitive equipment ecodesign requirements take into
account the security needs and the characteristics of the defence market, as defined in Directive 200981EC of the
European Parliament and of the Council 22. Similarly, the space industry is strategic for Europe and for its
technological non-dependence. As space technologies operate in extreme conditions, any ecodesign requirements for
space products should balance sustainability considerations with resilience and expected performance.
Furthermore,
for medical devices as defined in Article 21 of Regulation EU 2017745 of the European Parliament and of the
Council 23 and in vitro diagnostic medical devices as defined in Article 22 of Regulation EU 2017746 of the
European Parliament and of the Council 24, the Commission should take into account the need to not negatively
affect the health and safety of patients and users. The Commission should furthermore, when assessing the
22
23
24
Directive 200981EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the
award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence
and security, and amending Directives 200417EC and 200418EC OJ L 216, 20.8.2009, p.
76. Regulation EU 2017745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive
200183EC, Regulation EC No 1782002 and Regulation EC No 12232009 and repealing Council Directives 90385EEC and
9342EEC OJ L 117, 5.5.2017, p. 1. Regulation EU 2017746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices
and repealing Directive 9879EC and Commission Decision 2010227EU OJ L 117, 5.5.2017, p. 176. ELI httpdata.europa.euelireg20241781oj
589
EN
OJ L, 28.6.2024
characteristics of the market and preparing ecodesign requirements, strive to consider national characteristics, such
as the different climate conditions in Member States and practices and technologies used in Member States with
proven beneficial environmental effects. 20
To avoid a regulatory burden, consistency should be ensured between this Regulation and requirements set in or
pursuant to other Union law, especially concerning products, chemicals, packaging and waste. However, the
existence of empowerments under other Union law to set requirements with the same or similar effects as
requirements under this Regulation should not limit the empowerments included in this Regulation, unless specified
in this Regulation. 21 When preparing ecodesign requirements, the Commission should take into account a number of elements, namely
Union priorities, relevant Union and national law, relevant international agreements as well as self-regulation
measures and relevant standards. The Commission should also take into account the priorities for the climate, the
environment, energy efficiency, resource efficiency and security, including a non-toxic circular economy, and other
related Union priorities and targets. It is important to pay attention to the objectives of the 8th Environment Action
Programme set out in Decision EU 2022591, including that, by 2050 at the latest, people live well, within the
planetary boundaries in a well-being economy, the do no harm principle and the waste hierarchy as defined in
Directive 200898EC of the European Parliament and of the Council 25, as well as the Unions commitments to
protect and restore biodiversity as expressed also in the communication of the Commission of 20 May 2020 on an
EU Biodiversity Strategy for 2030 Bringing nature back into our lives and the Kunming-Montreal Global
Biodiversity Framework adopted by the Fifteenth meeting of the Conference of the Parties COP-15 to the
Convention on Biological Diversity of the United Nations. 22 Delegated acts setting ecodesign requirements should, as was the case for implementing measures under Directive
2009125EC, undergo a dedicated impact assessment and stakeholder consultation, and should be drawn up in line
with the Commissions Better Regulation guidelines, and include an assessment of the international dimension and
impacts on third countries. The Commission should base its impact assessment on the best available evidence and
take due consideration of all aspects of the life cycle of the product. When preparing ecodesign requirements, the
Commission should use a scientific approach and also take into consideration relevant technical information used as
a basis for or derived from, in particular, Regulation EC No 662010, Directive 201075EU of the European
Parliament and of the Council 26, technical screening criteria adopted pursuant to Regulation EU 2020852 of the
European Parliament and of the Council 27 and EU green public procurement criteria. 23
In order to take into account the diversity of products, the Commission should select methods to assess the setting of
the ecodesign requirements and, as appropriate, develop them further. Such methods should be based on the nature
of the product, its most relevant aspects and its impacts over its life cycle. In doing so, the Commission should take
account of its experience in assessing the setting of requirements under Directive 2009125EC and the continuing
efforts to develop and improve science-based assessment tools, including the update of the methodology for
ecodesign of energy-related products, and the Product Environmental Footprint method set out in Commission
Recommendation EU 20212279 28, including as regards temporary storage of carbon, as well as the development
of standards by international and European standardisation organisations, including on the material efficiency of
energy-related products. Building on those tools and using dedicated studies when needed, the Commission should
further reinforce circularity aspects, such as durability, repairability, including repairability scoring, recyclability,
reusability, identification of chemicals hindering reuse and recycling, in the assessment of products, in accordance
with a life cycle approach with a view to preparing ecodesign requirements, and should develop new methods or
tools where appropriate. Information related to environmental life cycle indicators, such as the carbon footprint,
should be calculated taking into consideration internationally established methods that are already implemented in
Union law.
It is also important to take into consideration scientific methods recommended by international and
European standardisation organisations. In particular, when it comes to the modelling of the energy used in
25
26
27
28
Directive 200898EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain
Directives OJ L 312, 22.11.2008, p. 3. Directive 201075EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions integrated
pollution prevention and control OJ L 334, 17.12.2010, p. 17. Regulation EU 2020852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to
facilitate sustainable investment, and amending Regulation EU 20192088 OJ L 198, 22.6.2020, p. 13. Commission Recommendation EU 20212279 of 15 December 2021 on the use of the Environmental Footprint methods to
measure and communicate the life cycle environmental performance of products and organisations OJ L 471, 30.12.2021, p. 1. 689
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
manufacturing processes, particular consideration should be given to modelling of the energy mix that would also
take into account issues such as power purchase agreements, guarantees of origin and own electricity production. New approaches might also be needed for the preparation of mandatory public procurement criteria and for bans on
the destruction of unsold consumer products. 24
25
26
Performance requirements should relate to a selected product parameter relevant to the targeted product aspect for
which potential for improving environmental sustainability has been identified. Such requirements could include
minimum or maximum levels of performance in relation to the product parameter, non-quantitative requirements
that aim to improve performance in relation to the product parameter, or requirements related to a products
functional performance to ensure that the selected performance requirements do not negatively impact the ability of
the product to perform the function for which it was designed and marketed. Regarding minimum or maximum
levels, they could for example take the form of a limit on energy consumption in the use phase or on the quantities
of a given material incorporated in the product, a requirement for minimum quantities of recycled content, or a limit
on a specific environmental impact category or on an aggregation of all relevant environmental impacts. An example
of a non-quantitative requirement is the prohibition of a specific technical solution that is detrimental to product
repairability. Performance requirements will be used to ensure the removal of the worst performing products from
the market and to gradually move to the best performing products where that is necessary to contribute to the
environmental sustainability objectives of this Regulation. Performance requirements could also concern resource
use, including requirements related to the usage of renewable resources or materials with bio-based content in the
product and address the release of nano- and microplastics. In envisaging a combination of requirements, the
Commission should assess them as a whole and identify the combination of requirements that delivers the highest
environmental sustainability benefits. In order to ensure consistency, performance requirements should complement the implementation of Union law on
waste. While requirements for placing on the market packaging as a final product are laid down under European
Parliament and Council Directive 9462EC 29, this Regulation could complement that Directive by setting
product-based requirements that focus on the packaging of specific products when placed on the market. Where
relevant, such complementary requirements should contribute in particular to minimising the amount of packaging
used, in turn contributing to the prevention of waste generation in the Union. Chemical safety is a recognised element of product sustainability. It is based on the intrinsic hazards of chemicals to
health or the environment in combination with specific or generic exposure, and is addressed by Union law on
chemicals, such as Regulations EC No 19352004 30, EC No 19072006 31, EC No 12722008 32, EC
No 12232009 33, EU 2017745 and EU 20191021 34 and Directive 200948EC 35 of the European
Parliament and of the Council. This Regulation should not provide for the restriction of substances based primarily
on chemical safety, as done under other Union law. Union law on chemicals already provides for the restriction of
substances or mixtures related to safety or risk, where needed. However, the setting of performance requirements
should also, where appropriate, reduce significant risks to human health or the environment. Information
requirements concerning the presence of substances of concern will also contribute to reducing the exposure to
chemicals, adding to the risk management measures provided for by other Union law.
Similarly, this Regulation
should not enable the restriction of substances for reasons related to food safety. Union law on chemicals and food,
however, does not provide for impacts on sustainability that are unrelated to chemical safety or food safety to be
29
30
31
32
33
34
35
European Parliament and Council Directive 9462EC of 20 December 1994 on packaging and packaging waste OJ L 365,
31.12.1994, p. 10. Regulation EC No 19352004 of the European Parliament and of the Council of 27 October 2004 on materials and articles
intended to come into contact with food and repealing Directives 80590EEC and 89109EEC OJ L 338, 13.11.2004, p. 4. Regulation EC No 19072006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration,
Evaluation, Authorisation and Restriction of Chemicals REACH, establishing a European Chemicals Agency, amending Directive
199945EC and repealing Council Regulation EEC No 79393 and Commission Regulation EC No 148894 as well as Council
Directive 76769EEC
OJ
and Commission Directives 91155EEC, 9367EEC, 93105EC
L 396, 30.12.2006, p. 1. Regulation EC No 12722008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and
packaging of substances and mixtures, amending and repealing Directives 67548EEC and 199945EC, and amending Regulation
EC No 19072006 OJ L 353, 31.12.2008, p.
1. Regulation EC No 12232009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products OJ
L 342, 22.12.2009, p. 59. Regulation EU 20191021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants OJ
L 169, 25.6.2019, p. 45. Directive 200948EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys OJ L 170, 30.6.2009,
p. 1. and 200021EC
ELI httpdata.europa.euelireg20241781oj
789
EN
OJ L, 28.6.2024
addressed through restrictions on certain substances. To overcome that limitation, this Regulation should provide,
under certain conditions, for the restriction of substances present in products or used in their manufacturing
processes which negatively affect products sustainability. This Regulation should complement, where necessary, but
not duplicate or replace restrictions on substances covered by Directive 201165EU of the European Parliament and
of the Council 36, which has as its objective the protection of human health and the environment, including the
environmentally sound recovery and disposal of waste from electrical and electronic equipment. 27
28
The Commission, when setting performance requirements, should be able to introduce requirements to prevent
certain substances from being included in a product. The identification of such substances should be part of the
Commissions assessment prior to the setting of ecodesign requirements for a specific product group and the
Commission should in that assessment, for instance, take into account whether a substance makes the reuse or
recycling of a product more complicated or negatively affects the properties of the recycled material, for example
through its colour or smell. Where a substance has already been established as being a substance that hinders
circularity for one product group, this can be an indication that it also hinders circularity for other product groups. The identification and possible restriction of a substance should also trigger an information requirement. To improve the environmental sustainability of products, information requirements should relate to a selected
product parameter relevant to a product aspect, such as the products environmental footprint, carbon footprint and
durability. They should require the manufacturer to make available information on the products performance in
relation to a selected product parameter or other information that may influence the way the product is handled by
parties other than the manufacturer in order to improve performance in relation to such a parameter. Such
information requirements should be set either in addition to, or instead of, performance requirements concerning
the same product parameter, as appropriate. It is important that the Commission duly justify its decision to only lay
down information requirements instead of performance requirements. Where a delegated act includes information
requirements, it should indicate the method for making the required information available and easily accessible, such
as its inclusion on a free-access website, in a digital product passport or on a product label. Essential information
relating to the health, safety and rights of end users should always be provided to consumers by physical means and
be accessible through a data carrier included on the product. Information requirements are necessary to lead to the
behavioural change needed to ensure that the environmental sustainability objectives of this Regulation are achieved. Information relevant for making an informed purchasing decision should be provided to the consumer prior to the
purchase of the product. By providing appropriate means for purchasers and public authorities to compare products
on the basis of their environmental sustainability, information requirements are expected to drive consumers and
public authorities towards more sustainable choices. Information requirements should also contribute to improved
collection rates by Member States for relevant product groups, in particular for those for which a significant reuse
and refurbishment potential exists, such as mobile phones for which the collection rate in Member States does not
exceed 5 , for example by facilitating information on take-back schemes through financial incentives and
deposit-refund systems, data privacy guarantees, databases of drop-off points, and personalised end-of-life
information, via a digital product passport, on the value of the product and on best practices about proper disposal. 29 Where delegated acts include information requirements, they could, in addition, determine classes of performance in
relation to one or more relevant product parameters, in order to facilitate comparison between products. Classes of
performance should enable differentiation of products based on their relative sustainability and could be used by
both consumers and public authorities. As such, they are intended to drive the market towards more sustainable
products. 30
Information requirements concerning repairability and durability play a key role in enabling consumers to engage in
sustainable consumption. This Regulation should enable the establishment of repairability or durability scores for
products where such scores are deemed appropriate for the purpose of providing environmental benefits and clearer
information for consumers.
In order to allow consumers to effectively assess and compare products, it is important
that the format, content and display of such repairability and durability scores include easy-to-understand language
and pictograms and that the repairability score be based on a harmonised methodology specified for the product or
product group and which aggregates parameters, such as the availability and price of spare parts, the ease of
disassembly and the availability of tools, into a single score. 36
Directive 201165EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain
hazardous substances in electrical and electronic equipment OJ L 174, 1.7.2011, p.
88. 889
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
31
32
33
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. The Commissions communication of
14 October 2020 Chemicals Strategy for Sustainability Towards a Toxic-Free Environment calls for the presence of
substances of concern in products to be minimised, and the availability of information on chemical content and safe
use to be ensured, by introducing information requirements and tracking the presence of substances of concern
throughout the life cycle of materials and products. Regulation EC No 12722008 and other existing chemicals law
such as Regulation EC No 12232009 already ensure communication on hazards to health or the environment
posed by certain substances of concern on their own or in a mixture. Users of substances and mixtures should also
be provided with pertinent information. Furthermore, users of products other than substances or mixtures, and
managers of waste from such products, should also receive relevant information, including information primarily
related to the hazards of chemicals to health or the environment. Therefore, this Regulation should provide for the
setting of requirements related to the tracking and communication of sustainability information, including the
presence of substances of concern in products throughout their life cycle, also with a view to the decontamination
and recovery of such products when they become waste. Such a framework should aim to progressively cover the
substances of concern in all products listed in working plans to be adopted by the Commission. Such requirements
concerning the tracking of substances of concern should be included by default where an information requirement is
to be set under this Regulation, except when such an information requirement is part of horizontal ecodesign
requirements. In order to take into account the criteria to be met by ecodesign requirements, and in particular to
avoid a disproportionate administrative burden for economic operators, the Commission should be able, as
appropriate for the product group concerned, to set thresholds on the concentration of substances in the product or
relevant components triggering the tracking requirement, set differentiated application deadlines and, in duly
justified cases, provide derogations from the tracking requirement. When setting the detail of information required
and thresholds, the Commission should take into consideration existing information requirements and thresholds
under Union law, in particular under Regulations EC No 19072006 and EC No 12722008, and other sectoral
product legislation.
A derogation based on technical feasibility could apply in cases where the presence of
a substance in a product cannot be verified with the current available technologies. The information requirements set under this Regulation should include the requirement to make a digital product
passport available. The digital product passport is an important tool for making information available to actors
along the entire value chain and the availability of a digital product passport is expected to significantly enhance
end-to-end traceability of a product throughout its value chain. Among other things, the digital product passport is
expected to help customers make informed choices by improving their access to relevant information, allow
economic operators, namely manufacturers, authorised representatives, importers, distributors, dealers and
fulfilment service providers, and other value chain actors, such as customers, professional repairers, independent
operators, refurbishers, remanufacturers, recyclers, market surveillance and customs authorities, civil society
organisations, researchers, trade unions, and the Commission, or any organisation acting on their behalf, to access,
introduce or update relevant data, and enable competent national authorities to perform their duties, without
endangering the protection of confidential business information. To that end, it is important that the digital product
passport be user-friendly and that the data contained therein be accurate, complete and up to date. The digital
product passport should, where necessary, be complemented by non-digital forms of transmitting information, such
as information in the product manual or on a label. In addition, it should be possible for the digital product passport
to be used for providing information concerning the relevant product group pursuant to other Union law. To take account of the nature of the product and its market, the information to be included in the digital product
passport should be carefully examined on a case-by-case basis when preparing product-specific rules. To optimise
access to the resulting data while also protecting intellectual property rights, the digital product passport needs to be
designed and implemented in a manner that allows differentiated access to the data in the digital product passport
depending on the type of data and the typology of stakeholders. Similarly, to avoid costs for companies and for the
public that are disproportionate to the wider benefits, the digital product passport should be specific to the item,
batch or product model, depending on, for example, the complexity of the value chain, the size, nature or impacts of
the products considered. The impact assessments carried out when preparing the delegated acts setting ecodesign
requirements should analyse the costs and benefits of setting information requirements through digital product
passports at model, batch or item level. The term model usually refers to a version of a product of which all units
share the same technical characteristics relevant for the ecodesign requirements and the same model identifier, the
term batch usually refers to a subset of a specific model composed of all products produced in a specific
manufacturing plant at a specific moment in time and the term item usually refers to a single unit of a model. The
ELI httpdata.europa.euelireg20241781oj
989
EN
OJ L, 28.6.2024
impact assessment should also, to the extent that the digital product passport relies on standards which are not free
of charge, consider whether such reliance is appropriate and how disproportionate costs for micro, small and
medium-sized enterprises SMEs can be avoided. 34
35
36
Given that other Union law sets information requirements for products and sets up systems to make information
available to economic operators and customers, the Commission should consider linking information requirements
under this Regulation to those other requirements, such as the obligation to provide safety data sheets for substances
and mixtures in accordance with Regulation EC No 19072006. Where feasible, the Commission should also link
the digital product passport to existing Union databases and tools such as the European Product Registry for Energy
Labelling EPREL or the database for information on Substances of Concern In articles, as such or in complex
objects Products SCIP. In order to not unnecessarily delay the setting of ecodesign requirements other than those concerning the digital
product passport or to ensure that digital product passports can be effectively implemented, the Commission should
be allowed to exempt product groups from the digital product passport requirements where technical specifications
are not available in relation to the essential requirements for the technical design and operation of the digital product
passport. Similarly, in order to prevent an unnecessary administrative burden for economic operators, the
Commission should be allowed to exempt product groups from the digital product passport requirements in the
event that other Union law already includes a system for the digital provision of product information allowing actors
along the value chain to access relevant product information and facilitating the verification of product compliance
by competent national authorities.
Those exemptions should be periodically reviewed taking into account further
availability of technical specifications. Unique identification of products is a fundamental element as regards enabling traceability across the supply chain. Therefore, the digital product passport should be linked to a unique product identifier. In addition, where
appropriate, the digital product passport should be linked to a unique operator identifier and a unique facility
identifier which would allow the actors and manufacturing facilities related to that product to be traced. In order to
ensure interoperability, the data carrier, the unique operator identifier and the unique facility identifier enabling
traceability should be issued in accordance with internationally recognised standards. The power to adopt acts in
accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by replacing or
adding standards in accordance with which the data carrier, the unique operator identifier and the unique facility
identifier can be issued, in light of technical or scientific progress. This should ensure that the data contained in the
digital product passport can be recorded and transmitted by all the economic operators, as well as guarantee the
compatibility of unique identifiers with external components such as scanning devices. Moreover, the data should be
transferable through an open interoperable data exchange network without vendor lock-in. 37 Digitalised information about the product and its life cycle or, where applicable, its passport should be easily
accessible by scanning a data carrier, such as a watermark or a quick response QR code. Where possible, the data
carrier should be on the product itself to ensure the data remain accessible throughout its life cycle.
However,
derogations should be possible depending on the nature, size or use of the products concerned. 38
39
To ensure access to the digital product passport for the period specified in delegated acts, including after an
insolvency, a liquidation or a cessation of activity in the Union, the economic operator placing the product on the
market should make available a back-up copy of the digital product passport through a digital product passport
service provider that is an independent third party. To ensure the effective roll-out of the digital product passport, its technical design, data requirements and operation
should adhere to a set of essential technical requirements that provide a basis for the consistent deployment of the
digital product passport across sectors. Technical specifications should be established to ensure the effective
implementation of those essential requirements, either in the form of harmonised standards for which the references
have been published in the Official Journal of the European Union or, as a fall-back option, common specifications
adopted by the Commission via implementing acts. The technical design should ensure that the digital product
passport carries data in a secure way, respecting privacy rules. It is necessary that the digital product passport be
developed in an open dialogue with international partners, in order to take account of their views when developing
technical specifications and to ensure that they help remove trade barriers for greener products with extended life
cycles and circularity, lowering costs for sustainable investments, marketing, compliance, and supporting
innovation. In order to allow for their effective implementation, it is important that technical specifications and
1089
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
requirements related to traceability across the value chain be developed, to the extent possible, on the basis of
a consensual approach and of the involvement, buy-in, and effective collaboration of a diverse set of actors,
including standardisation bodies, industry associations, start-ups, consumer organisations, experts, non-govern-
mental organisations NGOs and international partners, including developing economies. 40
41
42
43
44
The power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to
supplement this Regulation by clearly defining the role and responsibilities of the different actors, such as issuing
agencies and service providers, that will be involved in the creation, authentication, processing and storing of data,
and possibly the withdrawal of important elements of the digital product passport, such as unique identifiers and
data carriers. The Commission could, to that extent, carry out an impact assessment to investigate the
appropriateness of developing a certification scheme for digital product passport service providers. To ensure that the digital product passport is flexible, agile and market-driven and evolves in line with business
models, markets and innovation, it should be based on a decentralised data system and be set up and managed by
economic operators. However, for enforcement and monitoring purposes, it is necessary that competent national
authorities and the Commission have direct access to a record of all unique identifiers linked to products placed on
the market or put into service. To that end, the Commission should set up and manage a digital product passport
registry to store such data the registry. Where needed to further facilitate enforcement, the Commission should,
where appropriate, specify other data included in the digital product passport that need to be stored in the registry. The Commission should set up and maintain a user-friendly and publicly available web portal where stakeholders,
such as customers, economic operators and other relevant actors, have access to data included in the digital product
passports and the possibility of searching for and comparing data included in those passports in line with their
respective access rights specified in the delegated acts setting ecodesign requirements. The web portal should provide
links to data already stored by the economic operator in its decentralised digital product passport. Any processing of personal data pursuant to this Regulation is to comply with the applicable rules on the protection
of personal data. Processing of personal data by the competent national authorities within Member States is to be
carried out in accordance with Regulation EU 2016679 of the European Parliament and of the Council 37 with
particular attention being paid to the principles of data protection by design and by default.
Effective enforcement in relation to products placed on the Union market, whether domestically produced or
imported, is essential for achieving the aims of this Regulation. Therefore, once the Commission has set up the
registry, customs authorities should have direct access to it via the EU Single Window Environment for Customs
established by Regulation EU 20222399 of the European Parliament and of the Council 39. The role of customs
authorities should be to verify as a minimum that the unique registration identifier of a product which is required to
be provided or made available to them and the relevant commodity code correspond to the data that are stored in
the registry. This would allow customs authorities to verify that a digital product passport for imported products
exists. Where appropriate, the Commission should lay down in its implementing act on the registry the necessary
obligations for economic operators to keep the data stored in the registry up to date.
45
The data included in the digital product passport are intended to allow customs authorities to enhance and facilitate
risk management and enable the controls at the border to be better targeted. Therefore, customs authorities should
be able to retrieve and use the data included in the digital product passport and the related registry for carrying out
37
38
39
Regulation EU 2016679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons
with regard to the processing of personal data and on the free movement of such data, and repealing Directive 9546EC General
Data Protection Regulation OJ L 119, 4.5.2016, p.
1. Regulation EU 20181725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural
persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free
movement of such data, and repealing Regulation EC No 452001 and Decision No 12472002EC OJ L 295, 21.11.2018, p. 39. Regulation EU 20222399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union
Single Window Environment for Customs and amending Regulation EU No 9522013 OJ L 317, 9.12.2022, p. 1.
ELI httpdata.europa.euelireg20241781oj
1189
EN
OJ L, 28.6.2024
their tasks in accordance with Union law, including for risk management in accordance with Regulation EU
No 9522013 of the European Parliament and of the Council 40. 46
47
48
49
To drive consumers towards sustainable choices, labels should, when required by the delegated acts adopted
pursuant to this Regulation, provide clear and easily understandable information allowing for the effective
comparison of products, for instance by indicating classes of performance. Specifically for consumers, physical labels
can be an additional source of information at the place of sale. They should provide a quick visual basis for
consumers to distinguish between products based on their performance in relation to a specific product parameter
or a set of product parameters. They should, where appropriate, also make it possible to access additional
information by bearing specific references such as website addresses, dynamic QR codes, links to online labels or any
appropriate consumer-oriented means. The Commission should set out in the relevant delegated act the most
effective way of displaying such labels, including in the case of online distance selling, taking into account the
implications for customers and economic operators and the characteristics of the products concerned. The
Commission should be able to also require the label to be printed on the packaging of the product. Regulation EU 20171369, which sets a framework on energy labelling, applies, in parallel to this Regulation, to
energy-related products. Energy labels are a successful instrument as regards providing the appropriate information
to consumers for energy-related products. Classes of performance determined under this Regulation should, where
appropriate, be incorporated in the energy label as supplementary information as provided for in Article 16 of
Regulation EU 20171369. In cases where relevant information on a products performance in relation to
a product parameter cannot be included as supplementary information in the energy label, the Commission should,
where appropriate, be able to require the establishment of a label in accordance with this Regulation instead of the
energy label, in which the relevant information of the energy label can be so incorporated. Consumers need to be protected from misleading information that could hamper their choices for more sustainable
products. For that reason, it should be prohibited to place on the market or put into service products that bear or are
accompanied by labels which are likely to mislead or confuse customers by mimicking the labels provided for in this
Regulation, or that are accompanied by any other information which is likely to mislead or confuse customers with
regard to the labels provided for in this Regulation. The EU Ecolabel and other nationally or regionally officially
recognised EN ISO 14024 type I ecolabels are not to be considered misleading or confusing labels, provided that the
criteria developed under those labelling schemes are at least as strict as the ecodesign requirements. To deliver in the most efficient way on the European Green Deals objectives and to address the most impactful
products first, the Commission should carry out a prioritisation of products to be regulated under this Regulation
and requirements that will apply to them. Based on the process followed for prioritisation under Directive
2009125EC, the Commission should adopt a working plan covering at least three years and laying down a list of
product groups for which it intends to adopt delegated acts, as well as the product aspects for which it intends to
adopt delegated acts of horizontal application. The Commission should base its prioritisation on a set of criteria
pertaining in particular to the delegated acts potential contribution to achieving the Unions climate, environmental
and energy objectives, and their potential for the improvement of the product aspects selected, without leading to
disproportionate costs for the public and economic operators. Member States and stakeholders should also be
consulted through an Ecodesign Forum to be established by the Commission. Due to the complementarities between
this Regulation and Regulation EU 20171369 for energy-related products, the timelines for the working plan
under this Regulation and the working plan provided for under Article 15 of Regulation EU 20171369 should be
aligned. When prioritising intermediate products, the Commission should also take into account the consequences
for final products that are made from such intermediate products. Considering their importance for meeting the
Unions energy objectives, the working plan should include an adequate share of actions related to energy-related
products.
Vehicles as referred to in Article 21 of Regulation EU No 1672013, in Article 21 of Regulation EU
No 1682013 and in Article 21 of Regulation EU 2018858 are already subject to comprehensive provisions,
including specific environmental requirements, and should therefore not be prioritised for the setting of ecodesign
requirements. For the first working plan, the Commission should prioritise iron, steel, aluminium, textiles, in
particular garments and footwear, furniture, including mattresses, tyres, detergents, paints, lubricants, chemicals,
information and communication technology products and other electronics, and energy-related products for which
ecodesign requirements are to be set for the first time or for which existing measures adopted pursuant to Directive
40
Regulation EU No 9522013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs
Code OJ L 269, 10.10.2013, p. 1. 1289
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
2009125EC are to be reviewed under this Regulation.
The Commission should provide an appropriate justification
in the event that it decides to modify that list. 50
51
52
53
The cement industry, as one of the most energy-, material- and carbon- intensive sectors, is currently responsible for
around 7 of global and 4 of Union CO2 emissions, which makes it a key sector for alignment with the Paris
agreement and the Unions climate objectives as quickly as possible. While construction products, including cement,
are to be covered under a Regulation of the European Parliament and of the Council laying down harmonised
conditions for the marketing of construction products the construction products Regulation, they remain under
the scope of this Regulation. To avoid a lack of product requirements urgently needed to reach our climate and
environmental objectives, in the absence of adequate performance requirements and information requirements for
such products under the construction products Regulation, the Commission should adopt delegated acts setting
ecodesign requirements for cement not earlier than 31 December 2028 and not later than 1 January 2030. In addressing construction products, this Regulation should set requirements for final products only where the
obligations created by the construction products Regulation and its implementation are unlikely to sufficiently
achieve the environmental sustainability objectives pursued by this Regulation. In addition, when formulating
working plans, the Commission should take into account that, in continuation of current practice, the construction
products Regulation, gives prevalence to sustainability requirements set under this Regulation for energy-related
products that are also construction products. This should be the case for instance for heaters, boilers, heat pumps,
water and space heating appliances, fans, cooling and ventilating systems and photovoltaic products, excluding
building-integrated photovoltaic panels. The construction products Regulation can apply to those products in
a complementary manner where needed, mainly in relation to safety aspects, also taking account of other Union law
on products such as on gas appliances, low voltage equipment and machinery. In order to ensure that proper consultation of all interested parties takes place, the Commission should establish an
Ecodesign Forum, composed of experts designated by Member States and other interested parties, such as
representatives of industry, including SMEs and craft industry, social enterprises, trade unions, traders, retailers,
importers, consumer and environmental organisations, actors involved in circular economy activities, European
standardisation organisations, as well as researchers. Within the Ecodesign Forum, the Commission should establish
a Member States Expert Group, which should contribute to preparing new ecodesign requirements, to assessing
self-regulation measures, to the exchange of information and best practices between Member States on measures to
enhance compliance with this Regulation, such as education and information campaigns or provision of support to
SMEs, as well as to setting priorities. In order to encourage self-regulation as a valid alternative to regulatory approaches, this Regulation should, building
on Directive 2009125EC, include the possibility for industry to submit self-regulation measures for products
which are not included in the working plan. Self-regulation measures should be aligned with the objectives of this
Regulation. The Commission should assess the self-regulation measures proposed by industry, along with the
information and evidence submitted by the signatories, in light of, inter alia, the international trade commitments of
the Union and the need to ensure consistency with Union law. It is also appropriate, for instance in view of relevant
market or technological developments within the product group concerned, that the Commission be able to request
a revised version of the self-regulation measure whenever considered necessary. Once a self-regulation measure is
listed in an implementing act containing a list of self-regulation measures which fulfil the criteria set in this
Regulation, there is a legitimate expectation for economic operators that the Commission will first consider the
content of such a measure before proposing a delegated act setting ecodesign requirements for the specific product
group concerned. However, the Commission should be able to adopt ecodesign requirements also applying to some
or all of the products covered by a recognised self-regulation measure for the product aspects not addressed by that
self-regulation measure. Where the Commission considers that a self-regulation measure no longer fulfils the criteria
set in this Regulation, it should remove it from that implementing act. Consequently, it should be possible to set
ecodesign requirements for the product groups previously addressed by that self-regulation measure. 54
SMEs could greatly benefit from an increase in the demand for sustainable products but could also face costs and
difficulties due to some of the requirements. The Commission should, when preparing ecodesign requirements, take
into account their impact on SMEs, in particular on microenterprises, active in the relevant product sector. The
Member States and the Commission should, in their respective areas of responsibility, provide adequate information
ELI httpdata.europa.euelireg20241781oj
1389
EN
OJ L, 28.6.2024
including guidance, provide targeted and specialised training, and provide specific assistance and support, including
financial support, to SMEs active in the manufacturing of products for which ecodesign requirements are set. Those
actions are particularly important for product groups where the presence of SMEs is relevant. The Commission
should, where appropriate, support the calculation of the product environmental footprint by providing digital
tools, such as tools for life cycle assessment calculation, and support the implementation of the digital product
passport. It is important that the Commission provide financial support to SMEs representatives, in particular those
of microenterprises, to enable their effective participation in the Ecodesign Forum and that it provide easily
accessible information to SMEs on available financial support and programmes. Member States actions should be
taken in accordance with applicable State aid rules.
It is therefore justified to prohibit the destruction of unsold consumer apparel and clothing accessories
as well as footwear. In order to take account of the environmental impact of the destruction of other types of unsold consumer products,
the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this
Regulation by adding new products to the list of consumer products of which the destruction by economic
Directive 201183EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council
Directive 9313EEC and Directive 199944EC of the European Parliament and of the Council and repealing Council Directive
85577EEC and Directive 977EC of the European Parliament and of the Council OJ L 304, 22.11.2011, p.
64. Directive 201334EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements,
consolidated financial statements and related reports of certain types of undertakings, amending Directive 200643EC of the
European Parliament and of the Council and repealing Council Directives 78660EEC and 83349EEC OJ L 182, 29.6.2013,
p. 19. 1489
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
operators is prohibited. Given the wide range of products that may potentially be destroyed without ever being sold
or used, it is necessary that the Commission assess the extent to which the destruction of such products takes place
in practice, taking into account the information made available by economic operators where appropriate. To ensure
that this obligation is proportionate, the power to adopt acts in accordance with Article 290 TFEU should be
delegated to the Commission to supplement this Regulation by setting out specific derogations under which
destroying unsold consumer products can still be permitted, for instance in view of health and safety concerns. To
monitor the effectiveness of such prohibition and to disincentivise circumvention, economic operators should be
required to disclose the number and weight of unsold consumer products discarded, the reasons for discarding those
products and applicable derogations. Finally, to avoid any undue administrative burden for micro and small
enterprises, they should be exempted from the prohibition of destruction of specific products set in this Regulation. That prohibition should start applying to medium-sized enterprises six years after the entry into force of this
Regulation. However, where there is reasonable evidence that micro and small enterprises could be used to
circumvent that prohibition, the Commission should be able to require in delegated acts that the prohibition of
destruction of unsold consumer products or the disclosure obligation apply to those enterprises for specific
products. 59 Member States should not be precluded from introducing or maintaining national measures as regards the
destruction of unsold consumer products for products which are not subject to the prohibition under this
Regulation, provided that such measures are in line with Union law. 60
61
Based on the information disclosed by economic operators and other available evidence, the Commission should
publish on its website consolidated information on the destruction of unsold consumer products and should identify
in the working plan the products for which the prohibition of destruction should be considered. Electrical and
electronic equipment should be considered for inclusion in the first working plan. Economic operators should be responsible for the compliance of products with the ecodesign requirements, in
relation to their respective roles in the supply chain, so as to ensure the free movement of those products on the
internal market and to improve their sustainability. Economic operators intervening in the supply and distribution
chain should take appropriate measures to ensure that they only make available on the market products that are in
conformity with this Regulation and the delegated acts adopted pursuant to it. 62
Since manufacturers have detailed knowledge of the design and production process, they should be responsible for
carrying out the conformity assessment procedure applicable or for having it carried out on their behalf. 63
In order to safeguard the functioning of the internal market, it is necessary to ensure that products from third
countries entering the Union market comply with this Regulation and with the delegated acts adopted pursuant to it,
whether imported as products, components or intermediate products. In particular, it is necessary to ensure that
appropriate conformity assessment procedures have been carried out by manufacturers with regard to those
products. Importers should therefore be required to ensure that the products they place on the market comply with
those requirements and that the CE marking and documentation drawn up by manufacturers are available for
inspection by the competent national authorities. Importers should also be required to ensure, where applicable, that
a digital product passport is available for those products. 64 When placing a product on the market, importers should indicate on the product their name, registered trade name
or registered trade mark as well as the postal address at which and electronic means of communication through
which they can be contacted.
Derogations should be provided for in cases where the size of the product does not
allow for such indications or where importers would have to open the packaging to put the name and address on the
product or where the product is too small in size to affix such information. 65
66
As distributors make products available on the market after those products have been placed thereon by the
manufacturer or importer, they should act with due care in relation to the applicable ecodesign requirements. Distributors should also ensure that their handling of products does not adversely affect the compliance of those
products with this Regulation or the delegated acts adopted pursuant to it. As distributors and importers are close to the marketplace and have an important role in ensuring product
compliance, they should be involved in market surveillance tasks carried out by the competent national authorities,
and they should be prepared to participate actively, providing those authorities with all necessary information
relating to the product concerned. ELI httpdata.europa.euelireg20241781oj
1589
EN
OJ L, 28.6.2024
67
68
69
70
71
72
43
44
45
As dealers offer products for sale, hire or hire purchase, or display products to customers or installers, it is necessary
that dealers ensure that their customers, including potential customers, can effectively access the information
required under this Regulation, including in the case of distance selling. In particular, this Regulation should require
dealers to ensure that the digital product passport is accessible to their customers, including potential customers, and
that labels are clearly displayed, in line with the applicable requirements. Dealers should comply with that obligation
every time a product is offered for sale, hire or hire purchase. To facilitate the choice of more sustainable products, labels, where required, should be displayed in a clearly visible
and identifiable way. They should be identifiable as the labels belonging to the product in question, without
customers, including potential customers, having to read the brand name and model number on the labels. Labels
should attract the attention of the customers browsing through the products displayed. To ensure that the labels are
accessible to customers when considering a purchase, both the dealer and the responsible economic operator should
display them whenever advertising the product, also in cases of distance selling, including online. Importers or distributors that either place on the market a product covered by a delegated act adopted pursuant to
this Regulation under their own name or trademark, or modify such a product before it has been put into service in
such a way that compliance with this Regulation or with the relevant delegated act might be affected, should be
considered to be the manufacturer and should assume the manufacturers obligations. Providers of online marketplaces play a crucial role in the supply chain, allowing economic operators to reach a large
number of customers. Given their important role as intermediaries between economic operators and customers in
the sale of products, providers of online marketplaces should take responsibility for addressing the sale of products
that do not comply with ecodesign requirements and should cooperate with market surveillance authorities. Directive 200031EC of the European Parliament and of the Council 43 provides the general framework for
e-commerce and lays down certain obligations for online platforms. Regulation EU 20222065 of the European
Parliament and of the Council 44 regulates the responsibility and accountability of providers of intermediary
services online with regard to illegal content, including products that do not comply with ecodesign requirements. Building on that general framework, specific requirements to effectively address the sale of non-compliant products
online should be brought in. It is essential that providers of online marketplaces cooperate closely with the market surveillance authorities. An
obligation of cooperation with market surveillance authorities is imposed on information society service providers
under Article 72 of Regulation EU 20191020 of the European Parliament and of the Council 45 in relation to
products covered by that Regulation, including products for which ecodesign requirements are set under this
Regulation. For that purpose, the general obligations as laid down under Chapter IV of Regulation EU 20222065
should apply, in particular the obligation related to compliance by design for providers of online marketplaces in
Article 31 of Regulation EU 20222065. For the purposes of Article 313 of Regulation EU 20222065,
providers of online marketplaces should make use, inter alia, of the information available in the public user interface
of the information and communication system referred to in Regulation EU 20191020. Providers of online
marketplaces should also cooperate with market surveillance authorities to tackle illegal content related to
non-compliant products. Actions within the framework of that cooperation should include the establishment of
a regular and structured exchange of information on action taken by providers of online marketplaces, including the
removal of product offers. Providers of online marketplaces should also grant access to their interfaces to help
market surveillance authorities to identify non-compliant products sold online. Moreover, it is possible that market
surveillance authorities would also need to scrape data from online marketplaces. Article 14 of Regulation EU 20191020 provides market surveillance authorities with the power, where no other
effective means are available to eliminate a serious risk, to require the removal of content referring to non-compliant
products from an online interface.
The powers entrusted to market surveillance authorities by that Regulation
should also apply in the context of this Regulation. However, for effective market surveillance under this Regulation
Directive 200031EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society
services, in particular electronic commerce, in the Internal Market Directive on electronic commerce OJ L 178, 17.7.2000, p. 1. Regulation EU 20222065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital
Services and amending Directive 200031EC Digital Services Act OJ L 277, 27.10.2022, p. 1. Regulation EU 20191020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance
of products and amending Directive 200442EC and Regulations EC No 7652008 and EU No 3052011 OJ L 169, 25.6.2019,
p. 1. 1689
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
and to avoid non-compliant products being present on the Union market, those powers should apply in all necessary
and proportionate cases, including for products presenting a less than serious risk. Those powers should be exercised
in accordance with Article 9 of Regulation EU 20222065. 73
74
75
76
Ensuring a products traceability throughout the whole supply chain facilitates the market surveillance authorities
task of tracing economic operators that placed on the market or made available on the market non-compliant
products. Economic operators should therefore be required to keep the information on their transactions for
a certain period of time. To speed up and facilitate the verification of compliance of products placed on the market, the power to adopt acts
in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by
requiring economic operators, where necessary, to make specific parts of the technical documentation digitally
available both to competent national authorities and to the Commission. This would allow competent national
authorities to access such information without request, while continuing to guarantee the protection of trade secrets
and intellectual property rights. Possible means of making such information digitally available should as a rule
include a digital product passport, or via inclusion in the compliance part of the product database referred to in
Regulation EU 20171369, or on a website of the economic operator. Such an obligation should not take away
from the competent national authorities right to access other parts of the technical documentation on request. In order to allow for a better estimation of relevant products market penetration, to better inform studies feeding
into the drafting or updating of ecodesign requirements and working plans, and to help identify the market share of
specific product groups in order to speed up the formulation or review of ecodesign requirements, the power to
adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this
Regulation by requiring the collection of adequate and reliable data on the sale of products, by allowing the
collection of such data by or on behalf of the Commission directly from manufacturers or retailers. When adopting
rules on monitoring and reporting, the Commission should take into account the need to maximise the available
data on market penetration and the need to minimise the administrative burden for economic operators, especially
for SMEs. In order to improve future ecodesign requirements and improve end users confidence with regard to identifying and
correcting deviations between energy in-use and other performance parameters when measured under test
conditions and actual functioning, the Commission should have access to non-personal data about products actual
energy consumption while in use and where relevant to other performance parameters. To that end, the power to
adopt delegated acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement
this Regulation by requiring that individual products, similarly to road vehicles, record their consumption and other
relevant performance parameters and display the related data to the end user. For products connected to the internet,
the power to adopt delegated acts should be delegated to the Commission to supplement this Regulation by
requiring economic operators to remotely collect non-personal in-use data and report those data to the Commission,
as it is essential to identify how the products perform and to inform the public. For products whose in-use
performance depends significantly also on climatic or geographical conditions, general climatic or geographical
information should also be collected and reported, in a way that does not allow the specific location of individual
appliances to be determined. End users should expressly agree to the collection of information that they consider is
appropriate to share.
Collection of information about the behaviour of appliances that occurs in a context in which
an individual can reasonably expect that no observation or recording is taking place, or collection of information
which could provide or which could allow the identification of individuals or the inference of their behaviour should
not be allowed. 77
In order to help to facilitate the verification of compliance with ecodesign requirements, including to facilitate
conformity assessment and market surveillance, the Commission should be empowered to require, where duly
justified, that supply chain actors provide, free of charge, information on what they supply, such as the quantity and
type or chemical composition of materials used or the production process employed, or information on the
conditions of the provision of their services. It should also be possible to allow manufacturers to have access to the
documents containing such information or to the actual facilities of the supply chain actors so that they can access
directly the necessary information if the supply chain actors do not provide the information requested within
a reasonable time. The Commission should also be empowered to enable notified bodies and national authorities to
verify the accuracy of the information related to the activities of the supply chain actors. ELI httpdata.europa.euelireg20241781oj
1789
EN
78
In order to ensure the effective and harmonised application of ecodesign requirements set under this Regulation,
including on aspects such as energy use or efficiency, durability and reliability, and recycled content, compliance with
those requirements should be measured using reliable, accurate and reproducible methods that take into account the
generally recognised state-of-the-art methods. Delegated acts setting ecodesign requirements for products should as
a rule include the specifications for tests, measurements or calculations needed to establish or verify compliance. In
addition, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to
supplement this Regulation by requiring the use of digital tools reflecting applicable calculation requirements, in
order to ensure their harmonised application. OJ L, 28.6.2024
79
In order to ensure that ecodesign requirements achieve their intended effects, this Regulation should set out
comprehensive and overarching provisions which are applicable to all products covered by ecodesign requirements
and prohibit the circumvention of such requirements. Therefore, any practice leading to an unjustified alteration of
the products performance during compliance testing, or within a short period after putting the product into service,
leading to a declared performance that misrepresents the products actual performance while in use should be
prohibited. 80 Where appropriate, it should be possible for delegated acts setting ecodesign requirements to refer to the use of
standards to establish or verify compliance. In order to ensure that there are no barriers to trade on the internal
market, such standards should be harmonised at Union level. Once a reference to such standards has been adopted in
accordance with Regulation EU No 10252012 of the European Parliament and of the Council 46 and published in
the Official Journal of the European Union, products in conformity with such standards should be considered in
conformity with ecodesign requirements adopted pursuant to this Regulation to the extent that they are covered by
the relevant harmonised standards. Similarly, methods for tests, measurement or calculation that are in conformity
with harmonised standards should be considered in conformity with the requirements for test, measurement and
calculation methods set out in the relevant delegated acts laying down ecodesign requirements, to the extent that
they are covered by the relevant harmonised standards. 81
82
The current Union standardisation framework, which is based on the New Approach principles set out in Council
Resolution of 7 May 1985 on a new approach to technical harmonization and standards 47 and on Regulation EU
No 10252012, represents the framework by default to elaborate standards that provide for a presumption of
conformity with the relevant requirements set out in this Regulation. In the absence of relevant references to
harmonised standards, the Commission should be able to adopt implementing acts establishing common
specifications as an exceptional fall-back solution to facilitate compliance with ecodesign requirements by the
manufacturer, for instance when the standardisation process is blocked due to a lack of consensus between
stakeholders or where there are delays in establishing a harmonised standard and the prescribed deadline cannot be
respected. Such delays could for example occur when the required quality is not reached. In addition, recourse to this
solution should be possible where the Commission has restricted or withdrawn the references to relevant
harmonised standards in line with Regulation EU No 10252012. Compliance with common specifications should
also give rise to the presumption of conformity. In order to ensure efficiency, the Commission should involve
relevant stakeholders in the process of establishing the common specifications that cover the ecodesign requirements
adopted pursuant to this Regulation. In order to enable economic operators to demonstrate, and competent authorities to verify, that products made
available on the market comply with the ecodesign requirements adopted pursuant to this Regulation, the power to
adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this
Regulation by laying down conformity assessment procedures that are appropriate and proportionate to the nature
of the product concerned and of the product parameters regulated. To ensure consistency with other Union law, the
conformity assessment procedures should be chosen from among those of the internal production control module
included in this Regulation and of the modules included in Decision No 7682008EC of the European Parliament
and of the Council 48, ranging from the least stringent to the most stringent.
To further ensure that the applicable
module is appropriate and proportionate to the nature of the product concerned and of the product parameters
regulated, the Commission should, where necessary, adapt the module chosen accordingly. 46
Regulation EU No 10252012 of the European Parliament and of the Council of 25 October 2012 on European standardisation,
amending Council Directives 89686EEC and 9315EEC and Directives 949EC, 9425EC, 9516EC, 9723EC, 9834EC,
200422EC, 200723EC, 200923EC and 2009105EC of the European Parliament and of the Council and repealing Council
Decision 8795EEC and Decision No 16732006EC of the European Parliament and of the Council OJ L 316, 14.11.2012, p. 12. 47 OJ C 136, 4.6.1985, p.
1. 48
Decision No 7682008EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the
marketing of products, and repealing Council Decision 93465EEC OJ L 218, 13.8.2008, p. 82. 1889
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
83 Manufacturers should draw up an EU declaration of conformity to provide information on the conformity of
products with this Regulation. Manufacturers could also be required by other Union law to draw up an EU
declaration of conformity. To ensure effective access to information for market surveillance purposes, a single EU
declaration of conformity should be drawn up in respect of all Union law. To reduce the administrative burden on
economic operators, it should be possible for that single EU declaration of conformity to be a dossier made up of
relevant individual EU declarations of conformity. 84
Regulation EC No 7652008 of the European Parliament and of the Council 49 lays down rules on the
accreditation of conformity assessment bodies and sets out general principles governing the CE marking and its
relationship to other markings. That Regulation should be applicable to products covered by this Regulation in order
to ensure that products benefiting from the free movement of goods within the Union fulfil requirements providing
a high level of protection of public interests such as human health, safety and the environment. Where ecodesign
requirements have been adopted for a product, the CE marking should indicate that products conformity with this
Regulation and the ecodesign requirements adopted pursuant to it, insofar as they relate to the product. Considering
that this Regulation provides for the setting of ecodesign requirements for a large range of products, the delegated
acts setting those requirements should set out rules on conformity marking in relation to ecodesign requirements in
order to ensure consistency with requirements under Union law applicable to the products covered, prevent
confusion with other markings and minimise the administrative burden on economic operators. 85
Some of the conformity assessment modules laid down in Decision No 7682008EC require the intervention of
conformity assessment bodies. In order to ensure uniform conditions for the implementation of this Regulation,
those bodies should be notified to the Commission by Member State authorities. 86
To ensure a consistent level of quality in the performance of conformity assessment, it is necessary to set
requirements for notifying authorities involved in the assessment, notification and monitoring of notified bodies. In
particular, Member States should ensure that the notifying authority is objective and impartial with regard to its
activity. Furthermore, notifying authorities should be required to safeguard the confidentiality of the information
they obtain, but should nonetheless be able to exchange information on notified bodies with national authorities, the
notifying authorities of other Member States and the Commission to ensure consistency in the conformity
assessment. To effectively establish and monitor the competence and independence of applicant bodies, notifying
authorities should assess only the specific legal body applying for notification, not taking into account the
credentials of parent or sister companies. For the same reason, notifying authorities should assess applicant bodies in
relation to all relevant requirements and conformity assessment tasks, relying on harmonised standards for the
requirements and tasks covered by those standards. 87
Given their central role in ensuring the reliability of conformity assessments in relation to ecodesign requirements, it
is essential that notifying authorities have a sufficient number of competent personnel and sufficient funding at their
disposal for the proper performance of their tasks. 88
It is essential that all notified bodies perform their functions to the same level and under conditions of equal
competition and autonomy. Therefore, requirements should be set for conformity assessment bodies wishing to
obtain the status of notified body in order to provide conformity assessment activities. Those requirements should
continue to apply in order to ensure that the competence of the notified body is maintained. To ensure its autonomy,
the notified body and the staff it employs should be required to maintain independence from economic operators in
the value chain of the products in relation to which it has been notified and from other companies, including
business associations and parent and sister companies, subsidiaries and subcontractors. 89
If a conformity assessment body demonstrates conformity with the criteria laid down in harmonised standards, it
should be presumed to comply with the corresponding requirements set out in this Regulation. 90
Conformity assessment bodies frequently subcontract parts of their activities linked to the assessment of conformity
or have recourse to a subsidiary.
To ensure that products placed on the Union market comply with ecodesign
requirements, conformity assessment subcontractors and subsidiaries should fulfil the same requirements as notified
bodies in relation to the performance of conformity assessment tasks under this Regulation. To ensure that that is
49
Regulation EC No 7652008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for
accreditation and repealing Regulation EEC No 33993 OJ L 218, 13.8.2008, p. 30. ELI httpdata.europa.euelireg20241781oj
1989
EN
OJ L, 28.6.2024
the case, relevant notified bodies should establish procedures for the on-going monitoring of the competence,
activities and performance of their subcontractors or subsidiaries, such as through a qualification matrix. 91
92
93
94
95
96
97
98
99
In order for notifying authorities to establish and monitor the competence and independence of applicant bodies
effectively, the notified bodies should be and remain autonomous. Therefore, certain activities and decision-making
processes, both regarding the conformity assessment of products and other activities internal to the notified body,
should exclusively be carried out by the individual notified body itself. To facilitate the process of establishing and monitoring the competence and independence of applicant bodies,
applicant bodies should provide a description of how their relevant personnel and the status and tasks of those
personnel correspond to the conformity assessment tasks in relation to which those bodies intend to be notified,
such as in the form of a qualification matrix, thereby enabling the notifying authority to more effectively assess the
adequacy of staffing and the continued autonomy of the notified bodies. Notified bodies should ensure that the
personnel carrying out different conformity assessment tasks are rotated. Since the services offered by notified bodies in a Member State might relate to products made available on the
market throughout the Union, it is appropriate to give the other Member States and the Commission the
opportunity to raise objections concerning a notified body. In the interests of facilitating and accelerating the conformity assessment procedure, and to ensure equal treatment of
economic operators, it is crucial that the notified bodies apply the conformity assessment procedures consistently
and without creating an unnecessary burden for economic operators. Prior to taking a final decision on whether a product can be granted a conformity certificate, the economic operator
that wishes to place that product on the market should be allowed to supplement the relevant documentation only
once. This limitation is necessary to ensure that notified bodies are not able to assist manufacturers in making
changes until conformity is achieved, as that would mean that the service provided resembles a consulting service
and could in practice dilute the public interest nature of notified bodies tasks. Where appropriate, notified bodies
should also be able to restrict, suspend or withdraw any certificates or approval decisions. To facilitate the identification and resolution of cases of non-conformity of notified bodies, manufacturers or
products, notified bodies should proactively forward relevant information at their disposal to notifying authorities or
market surveillance authorities. It is essential to ensure efficient exchange of information between notified bodies and market surveillance
authorities, including from other Member States. To that end, notifying authorities and notified bodies should ensure
follow-up to requests for information from market surveillance authorities. The Commission should enable appropriate coordination and cooperation between notified bodies. To ensure
harmonised application of ecodesign requirements, notified bodies should discuss and coordinate on topics of
possible divergence. In that process, they should take into account any relevant guidance and recommendations
issued by the competent technical committees of the European standardisation bodies. In order to incentivise consumers to make sustainable choices, in particular when the most sustainable products are
not affordable enough, mechanisms such as eco-vouchers and green taxation could be provided for.
When Member
States decide to make use of incentives to reward the best-performing products, they should do so by targeting those
incentives at the highest two populated classes of performance that were set by the delegated acts adopted pursuant
to this Regulation, not necessarily taken cumulatively, in the event that classes of performance are set in relation to
more than one parameter. For energy-related products covered by Regulation EU 20171369 or for tyres covered
by labelling requirements with regard to fuel efficiency and other parameters under Regulation EU 2020740 of the
European Parliament and of the Council 50, the criteria set under those two instruments should apply instead of
50
Regulation EU 2020740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to
fuel efficiency and other parameters, amending Regulation EU 20171369 and repealing Regulation EC No 12222009 OJ
L 177, 5.6.2020, p. 1. 2089
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
those under this Regulation. However, Member States should not be able to prohibit the placing on the market of
a product based on its class of performance. The introduction of Member State incentives should be without
prejudice to the application of the Unions State aid rules. 100 Public procurement amounts to 14 of the Unions GDP. To contribute to the objective of reaching climate
neutrality, improving energy and resource efficiency and transitioning to a circular economy that protects public
health and biodiversity, by ensuring that there is sufficient demand for more environmentally sustainable products,
contracting authorities and contracting entities should, where appropriate, align their procurement with specific
green public procurement requirements. Compared to a voluntary approach, mandatory green public procurement
requirements will ensure that the leverage of public spending to boost demand for better performing products is
maximised. It is important that Member States provide assistance to national contracting authorities to upskill and
reskill staff in charge of green public procurement. Those green public procurement requirements should be
minimum requirements, meaning that contracting authorities and contracting entities should be able to set
additional and more demanding requirements. Those requirements should be transparent, objective and
non-discriminatory. The public procurement procedure should be conducted by contracting authorities and
contracting entities in compliance with Directives 201424EU 51 and 201425EU 52 of the European Parliament
and of the Council, and applicable sectoral legislation, as well as with the Unions international commitments,
including the Government Procurement Agreement and other international agreements by which the Union is
bound. Those requirements are without prejudice to the possibility for contracting authorities and contracting
entities to rely on derogations or exemptions regarding public contracts set out in Union law, in particular Directives
201424EU and 201425EU. The requirements set for specific product groups should be complied with not only
when directly procuring those products in public supply contracts but also in public works or public services
contracts, where those products will be used for activities constituting the subject matter of those contracts. Those
requirements should be set in relation to the product aspects addressed in the delegated act regulating the products
in question. As part of those requirements, the Commission might set out minimum mandatory technical
specifications requiring products to comply with the best possible performance levels as set out in the relevant
delegated acts, including where available with the two highest classes of performance or scores. As a result, for
example, it would be mandatory for contracting authorities and contracting entities to require that the tenderers
products meet specific carbon footprint requirements. In compliance with the public procurement framework, those
minimum mandatory technical specifications should avoid artificially restricting competition and avoid favouring
a specific economic operator. The Commission might also set up minimum mandatory award criteria including
assigning a specific weighting, between 15 and 30 , to those criteria for the purpose of ensuring that they can
significantly influence the choice of products in favour of those that are the most environmentally sustainable. As
a result, for example, it would be mandatory for contracting authorities and contracting entities to give the recycled
content of the products in question a minimum weighting between 20 and 30 . As a consequence, contracting
authorities and contracting entities, in the specific award procedure, would have the possibility of assigning
a weighting higher than 30 , but not lower than 20 to recycled content. Award criteria should be preferred to
technical specifications when there are uncertainties about the availability or cost of the best performing products in
the Union market. The Commission might also set contract performance conditions and targets according to which,
for instance, contracting authorities and contracting entities should award at least 50 of their annual procurement
of certain products to those with more than 70 of recyclable material. As a result, Member States could still set
higher targets for the procurement of those products. When developing implementing acts and in particular when
considering the economic feasibility for contracting authorities and contracting entities, the Commission should take
into account the best possible environmental products and solutions available on the market, the effects of the
requirements on competition and the fact that different contracting authorities and contracting entities in different
Member States might have different budgetary capacities or other constraints such as with regard to climate
conditions or network infrastructure.
101 Member States should not be precluded from introducing or maintaining national measures on green public
procurement regarding product groups for which public procurement requirements under this Regulation have not
yet been set, or from introducing stricter national requirements regarding products which fall within the scope of
implementing acts setting out green public procurement requirements, provided such measures and requirements
are in line with Union law. 51
52
Directive 201424EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing
Directive 200418EC OJ L 94, 28.3.2014, p. 65. Directive 201425EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in
the water, energy, transport and postal services sectors and repealing Directive 200417EC OJ L 94, 28.3.2014, p. 243. ELI httpdata.europa.euelireg20241781oj
2189
EN
OJ L, 28.6.2024
102 Effective enforcement of ecodesign requirements is essential to ensure equal competition in the Union market and to
ensure that this Regulations expected benefits and contribution to achieving the Unions climate, energy and
circularity objectives are achieved. Therefore, Regulation EU 20191020, which sets out a horizontal framework
for market surveillance and control of products entering the Union market, should apply to products for which
ecodesign requirements are set pursuant to this Regulation, insofar as there are no specific provisions with the same
objective, nature or effect in this Regulation. In addition, to lower the problematic levels of non-compliance of
products covered by implementing measures adopted under Directive 2009125EC, to more effectively prevent
non-compliance with future ecodesign requirements, and taking account of the broader scope and increased
ambition of this Regulation compared to Directive 2009125EC, this Regulation should contain specific additional
rules complementing the framework created by Regulation EU 20191020. Those rules should be aimed at further
strengthening the planning, coordination and support of Member State efforts and should provide additional tools
for the Commission to help ensure sufficient action is taken by market surveillance authorities to prevent
non-compliance with ecodesign requirements. 103 Besides market surveillance authorities, customs authorities also have an important role to play in enforcing this
Regulation with regard to imported goods and can rely on Council Regulation EC No 51597 53 for that purpose. 104 To ensure that appropriate checks are performed on an adequate scale in relation to ecodesign requirements, in their
national market surveillance strategy provided for in Article 13 of Regulation EU 20191020, Member States
should draw up a dedicated section listing the products or requirements they have identified as priorities for market
surveillance under this Regulation and the activities planned to reduce or bring to an end non-compliance of
relevant products with relevant ecodesign requirements. 105 Priorities for market surveillance under this Regulation should be identified based on objective criteria such as the
levels of non-compliance observed or the environmental impacts resulting from non-compliance. The activities
planned to address those priorities should, in turn, be proportionate to the facts leading to their prioritisation. 106 Based on data entered into the information and communication system referred to in Regulation EU 20191020,
the Commission should draw up a report containing information on the nature and number of checks performed,
on the levels of non-compliance identified and on the nature and severity of penalties imposed in relation to
non-compliance with ecodesign requirements over the four preceding calendar years. The report should contain
a comparison of Member States activities with the activities planned, indicative benchmarks and a list of priorities
for market surveillance authorities. When considering the adoption of implementing acts in accordance with Article
114 of Regulation EU 20191020, the Commission should take into account the results of the reports that it has
drawn up pursuant to this Regulation on the basis of the information entered by market surveillance authorities into
the information and communication system referred to in Regulation EU 20191020, and should address, as
appropriate, the products or product groups covered by delegated acts adopted pursuant to this Regulation, in
relation to which specific risks or serious breaches have been continuously identified, in order to ensure a high level
of compliance with this Regulation. 107 To further strengthen coordination of market surveillance authorities, the administrative cooperation group
ADCO set up pursuant to Regulation EU 20191020 should, for the purposes of identifying the products or
requirements identified as priorities for market surveillance under this Regulation and the activities planned to
reduce or bring to an end non-compliance with this Regulation, meet at regular intervals and identify common
priorities for market surveillance to be taken into account in Member States national market surveillance strategies,
priorities for the provision of Union support, and requirements adopted pursuant to this Regulation that are applied
or interpreted differently, thus leading to market distortion.
108 To support Member States in their efforts to ensure sufficient action is taken to prevent non-compliance with
ecodesign requirements, the Commission should, where relevant, make use of the support measures provided for in
Regulation EU 20191020. The Commission should organise and, where appropriate, finance joint market
53
Council Regulation EC No 51597 of 13 March 1997 on mutual assistance between the administrative authorities of the Member
States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and
agricultural matters OJ L 82, 22.3.1997, p. 1. 2289
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
surveillance and testing projects in areas of common interest, joint investments in market surveillance capacities and
common training programmes for the staff of market surveillance authorities, customs authorities, notifying
authorities and notified bodies. In addition, the Commission should draw up guidelines on how to apply and enforce
requirements adopted pursuant to this Regulation where necessary to ensure their harmonised application. 109 Products should be placed on the market only if they do not present a risk. In order to better align with the specific
nature of ecodesign requirements and to ensure that the focus of market surveillance efforts is on non-compliance
with such requirements, a product presenting a risk should, for the purposes of this Regulation, be defined as
a product that, by not complying with an ecodesign requirement or because a responsible economic operator does
not comply with an ecodesign requirement, could adversely affect the environment or other public interests
protected by that requirement. That more specific definition should be used when applying Articles 19 and 20 of
Regulation EU 20191020. 110 A procedure should exist under which interested parties are informed of measures intended to be taken with regard
to products presenting a risk. It should also allow market surveillance authorities in the Member States, in
cooperation with the relevant economic operators, to act at an early stage with regard to such products. To that end,
the safeguard clause currently included in Directive 2009125EC should be updated and aligned with the safeguard
procedures included in other Union harmonisation legislation and in Decision No 7682008EC. 111 The market surveillance authorities should have the right to require economic operators to take corrective action on
the basis of findings that either a product is not compliant with ecodesign requirements or that the economic
operator has infringed the rules on the placing or making available on the market of products or other rules
addressed to it. 112 When adopting delegated acts pursuant to Article 290 TFEU, it is of particular importance that the Commission
carry out appropriate consultations during its preparatory work, including at expert level, and that those
consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of
13 April 2016 on Better Law-Making 54. In particular, to ensure equal participation in the preparation of delegated
acts, the European Parliament and the Council receive all documents at the same time as Member States experts, and
their experts systematically have access to meetings of Commission expert groups dealing with the preparation of
delegated acts. 113
In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be
conferred on the Commission as regards a establishing procedures to issue and verify the digital credentials for
access to the data stored in the digital product passport by economic operators and other relevant actors based on
their respective rights b specifying implementation arrangements for the interconnection of the registry and the
EU Customs Single Window Certificates Exchange System, including the communication of the unique registration
identifier c establishing common requirements for the layout of labels d adopting and updating a list of
self-regulation measures established as valid alternatives to a delegated act adopted pursuant this Regulation e
setting out the details and format for the disclosure of the information on unsold consumer products that have been
discarded f establishing, amending or repealing common specifications covering ecodesign requirements, the
essential requirements for digital product passports or the requirements for test, measurement or calculation
methods g setting minimum requirements for the award of public contracts for the purchase of products covered
by ecodesign requirements, or for works or services where those products are used for activities constituting the
subject matter of those contracts and h deciding, pursuant to the Union safeguard procedure, whether a national
measure is justified or not. Those powers should be exercised in accordance with Regulation EU No 1822011 of
the European Parliament and of the Council 55. 114 To enhance trust in products placed on the market, in particular as regards the compliance of products with
ecodesign requirements, the public needs to be sure that economic operators placing non-compliant products on the
market will be subject to penalties.
It is therefore necessary that Member States lay down rules on penalties
applicable to infringements of this Regulation and ensure that those rules are implemented. The penalties provided
54 OJ L 123, 12.5.2016, p. 1. 55
Regulation EU No 1822011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and
general principles concerning mechanisms for control by Member States of the Commissions exercise of implementing powers OJ
L 55, 28.2.2011, p. 13. ELI httpdata.europa.euelireg20241781oj
2389
EN
OJ L, 28.6.2024
for should be effective, proportionate and dissuasive and should at least include fines and time-limited exclusion
from public procurement procedures. Without prejudice to Member States procedural autonomy and to the
discretion of competent authorities and judges to impose appropriate penalties in the individual cases, common
non-exhaustive criteria should be established for determining the types and levels of penalties to be imposed in the
event of infringements of this Regulation, to facilitate more consistent application of penalties. Those criteria should
include, inter alia, the nature, gravity and duration of the infringement, the financial situation of the natural or legal
person held responsible, as indicated for example by the total turnover or the annual income, and the economic
benefits derived from and generated by the infringement, insofar as those benefits can be determined. 115 The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the
Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the five criteria of
efficiency, effectiveness, relevance, coherence and value added and should provide the basis for impact assessments
of possible further measures. The Commission should submit to the European Parliament, to the Council, to the
European Economic and Social Committee, and to the Committee of the Regions a report on the implementation of
this Regulation and its impact on the environmental sustainability of products and the functioning of the internal
market. Where appropriate, the report should be accompanied by a proposal to amend this Regulation. 116
It is appropriate that the Commission assess the potential benefits of setting requirements also in relation to social
aspects of products. As part of that assessment, the Commission should consider to what extent those requirements
could complement Union law, thereby addressing adverse impacts on human and social rights arising from
companies operations and from products. The Commission should therefore carry out an evaluation within four
years of the date of entry into force of this Regulation on the potential benefits of inclusion of social sustainability
requirements within the scope of this Regulation. The Commission should submit to the European Parliament, to the
Council, the European Economic and Social Committee, and to the Committee of the Regions a report on the
evaluation.
Where appropriate, the report should be accompanied by a legislative proposal to amend this
Regulation. 117 To facilitate private enforcement of this Regulation, consumers who have suffered damage due to the
non-compliance of a product with ecodesign requirements should have the right to claim compensation for that
damage from the products manufacturer or, if the manufacturer is not established in the Union, the importer or the
authorised representative of the manufacturer, or, if none of those economic operators is established in the Union,
the fulfilment service provider. Such right to compensation should be without prejudice to other remedies available
to consumers under Union law, such as the remedies against the seller in the event of a lack of conformity of the
goods sold, in accordance with Directive EU 2019771 of the European Parliament and of the Council 56. Furthermore, Member States should not be prevented from maintaining or introducing rights for consumers to
other remedies in accordance with national law, such as the repair or replacement of products infringing ecodesign
requirements. 118 Consumers should be entitled to enforce their rights in relation to the obligations imposed on manufacturers and,
where applicable, importers, authorised representatives and fulfilment service providers under this Regulation
through representative actions in accordance with Directive EU 20201828 of the European Parliament and of the
Council 57. For that purpose, this Regulation should provide that Directive EU 20201828 is applicable to
representative actions concerning infringements of this Regulation by manufacturers and, where applicable, by
importers, authorised representatives and fulfilment service providers that qualify as traders under Article 3, point
2, of that Directive which harm or could harm the collective interests of consumers. Annex I to that Directive
should therefore be amended accordingly. It is for the Member States to ensure that that amendment is reflected in
their transposition measures adopted in accordance with that Directive, although the adoption of national
transposition measures in that regard is not a condition for the applicability of that Directive to those representative
actions.
The applicability of that Directive to the representative actions brought against infringements by
manufacturers and, where applicable, by importers, authorised representatives and fulfilment service providers of
provisions of this Regulation which harm or could harm the collective interests of consumers should start from the
date of entry into force of this Regulation. 56
57
Directive EU 2019771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for
the sale of goods, amending Regulation EU 20172394 and Directive 200922EC, and repealing Directive 199944EC OJ L 136,
22.5.2019, p.
28. Directive EU 20201828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the
protection of the collective interests of consumers and repealing Directive 200922EC OJ L 409, 4.12.2020, p. 1. 2489
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
119
It is necessary that ecodesign requirements apply to the widest possible range of products, and not only to
energy-related products, and that the definition of ecodesign requirements is widened to encompass all aspects of
circularity. It is also necessary to align this Regulation to the New Legislative Framework set out in Regulation EC
No 7652008 and Decision No 7682008EC, and to improve the provisions related to market surveillance. Directive 2009125EC should therefore be replaced. In order to ensure legal certainty for all economic operators
from the date of entry into force of this Regulation and to guarantee a level playing-field for businesses operating on
the internal market, the provisions setting out transparency obligations related to the discarding of unsold consumer
products, circumvention, and market surveillance should be of uniform application for all operators across the
Union.
Directive 2009125EC should therefore be replaced by a Regulation. 120 The Ecodesign and Energy Labelling Working Plan 2022-2024, set out in the Communication of the Commission of
4 May 2022, identified the political priorities for work on energy-related products. When the provisions of this
Regulation take effect, preparatory work assessing the feasibility of ecodesign requirements pursuant to Directive
2009125EC will be at a substantially advanced stage for photovoltaic panels, space and combination heaters, water
heaters, solid fuel local space heaters, air conditioners including air-to-air heat pumps and comfort fans, solid fuel
boilers, air heating and cooling products, ventilation units, vacuum cleaners, cooking appliances, water pumps,
industrial fans, circulators, external power supplies, computers, servers and data storage products, power
transformers, professional refrigeration equipment and imaging equipment. Thanks to that preparatory work,
numerous areas where energy and material can be saved have been identified, and extensive consultations of citizens
and stakeholders have taken place. Restarting that preparatory work under this Regulation would considerably delay
the adoption of requirements concerning energy and material savings for those products. In order to ensure that the
preparatory work is not lost, it is therefore necessary to provide for transitional rules allowing implementing
measures on those products to be adopted pursuant to Directive 2009125EC by 31 December 2026. In addition,
and in order to ensure the proper functioning of implementing measures adopted under Article 15 of Directive
2009125EC, necessary amendments addressing technical issues should be adopted if relevant in accordance with
the relevant provisions of that Directive by 31 December 2030. 121
In order to ensure legal certainty and continuity for products placed on the market or put into service in conformity
with implementing measures adopted pursuant to Directive 2009125EC, in its version applicable on the date of
entry into force of this Regulation, those measures should remain in force beyond that date, and until repealed by
a delegated act adopted pursuant to this Regulation. For the same reasons, a number of provisions of Directive
2009125EC should continue to have full effect in the context of applying those implementing measures. This
concerns in particular provisions of Directive 2009125EC excluding means of transport for goods or persons from
its scope, establishing definitions relevant for implementing measures, setting economic operators responsibilities in
relation to products placed on the market, specifying the details of the relevant conformity assessment procedures
and the EC declaration of conformity, establishing a presumption of conformity for products which have been
awarded the EU Ecolabel and enabling necessary action in relation to harmonised standards. Given the importance
of ensuring the free movement of goods, banning practices illegally altering products performance in order to reach
a more favourable result and ensuring proper enforcement of ecodesign requirements, relevant provisions of this
Regulation should be applicable to energy-related products placed on the market pursuant to implementing
measures under Directive 2009125EC. 122 Since the objectives of this Regulation, namely to improve the environmental sustainability of products and to
ensure the free movement in the internal market of products for which ecodesign requirements are set, cannot be
sufficiently achieved by the Member States, but can rather, by reason of their scale and effects, only be achieved at
Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of
the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this
Regulation does not go beyond what is necessary in order to achieve those objectives,
ELI httpdata.europa.euelireg20241781oj
2589
EN
HAVE ADOPTED THIS REGULATION
OJ L, 28.6.2024
CHAPTER I
GENERAL PROVISIONS
Article 1
Subject matter and scope
1. This Regulation establishes a framework for the setting of ecodesign requirements that products have to comply with
to be placed on the market or put into service, with the aim of improving the environmental sustainability of products in
order to make sustainable products the norm and to reduce the overall carbon footprint and environmental footprint of
products over their life cycle, and of ensuring the free movement of sustainable products within the internal market. This Regulation also establishes a digital product passport, provides for the setting of mandatory green public procurement
requirements and creates a framework to prevent unsold consumer products from being destroyed. This Regulation applies to any physical goods that are placed on the market or put into service, including components
2. and intermediate products.
However, it does not apply to
a food as defined in Article 2 of Regulation EC No 1782002
b feed as defined in Article 34 of Regulation EC No 1782002
c medicinal products as defined in Article 12 of Directive 200183EC
d veterinary medicinal products as defined in Article 41 of Regulation EU 20196
e
living plants, animals and micro-organisms
f products of human origin
g products of plants and animals relating directly to their future reproduction
h vehicles as referred to in Article 21 of Regulation EU No 1672013, in Article 21 of Regulation EU No 1682013
and in Article 21 of Regulation EU 2018858, in respect of those product aspects for which requirements are set
under sector-specific Union legislative acts applicable to those vehicles.
Article 2
Definitions
For the purposes of this Regulation, the following definitions apply
1
product means any physical goods that are placed on the market or put into service
2
component means a product intended to be incorporated into another product
3
intermediate product means a product that requires further manufacturing or transformation such as mixing, coating
or assembling to make it suitable for end-users
4
energy-related product means any product that has an impact on energy consumption during use
5
6
2689
product group means a set of products that serve similar purposes and are similar in terms of use, or have similar
functional properties, and are similar in terms of consumer perception
ecodesign means the integration of environmental sustainability considerations into the characteristics of a product
and the processes taking place throughout the products value chain
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
7
8
9
ecodesign requirement means a performance requirement or an information requirement aimed at making a product,
including processes taking place throughout the products value chain, more environmentally sustainable
performance requirement means a quantitative or non-quantitative requirement for or in relation to a product to
achieve a certain performance level in relation to a product parameter referred to in Annex I
information requirement means an obligation for a product to be accompanied by information as specified in Article
72
10 supply chain means all upstream activities and processes of the products value chain, up to the point where the
product reaches the customer
11 value chain means all activities and processes that are part of the life cycle of a product, as well as its possible
remanufacturing
12 life cycle means the consecutive and interlinked stages of a products life, consisting of raw material acquisition or
generation from natural resources, pre-processing, manufacturing, storage, distribution, installation, use, maintenance,
repair, upgrading, refurbishment and reuse, and end-of-life
13 end-of-life means the life cycle stage that begins when a product is discarded and ends when the waste material of the
product is returned to nature or enters another products life cycle
14 environmental impact means any change to the environment, whether adverse or beneficial, wholly or partially
resulting from a product during its life cycle
15 class of performance means a range of performance levels in relation to one or more product parameters referred to
in Annex I, which is established based on a common methodology for the product or product group, ordered in such
a way as to allow for product differentiation
16 remanufacturing means actions through which a new product is produced from objects that are waste, products or
components and through which at least one change is made that substantially affects the safety, performance, purpose
or type of the product
17 upgrading means actions carried out to enhance the functionality, performance, capacity, safety or aesthetics of
a product
18 refurbishment means actions carried out to prepare, clean, test, service and, where necessary, repair a product or
a discarded product in order to restore its performance or functionality within the intended use and range of
performance originally conceived at the design stage at the time of the placing of the product on the market
19 maintenance means one or more actions carried out to keep a product in a condition where it is able to fulfil its
intended purpose
20 repair means one or more actions carried out to return a defective product or waste to a condition where it fulfils its
intended purpose
21 premature obsolescence means a product design feature or subsequent action or omission resulting in the product
becoming non-functional or performing less well without such changes of functionality or performance being the
result of normal wear and tear
22 durability means the ability of a product to maintain over time its function and performance under specified
conditions of use, maintenance and repair
23 reliability means the probability that a product functions as required under given conditions for a given duration
without an occurrence which results in a primary or secondary function of the product no longer being performed
24 environmental footprint means a quantification of the environmental impacts resulting from a product throughout
its life cycle, whether in relation to a single environmental impact category or an aggregated set of impact categories
based on the Product Environmental Footprint method established by Recommendation EU 20212279 or other
scientific methods developed by international organisations, widely tested in collaboration with different industry
sectors and adopted or implemented by the Commission in other Union law
ELI httpdata.europa.euelireg20241781oj
2789
EN
OJ L, 28.6.2024
25 carbon footprint means the sum of greenhouse gas emissions and greenhouse gas removals in a product system,
expressed as CO2 equivalents and based on a life cycle assessment using the single impact category of climate change
26 material footprint refers to the total amount of raw materials extracted to meet final consumption demands
27 substance of concern means a substance that
a meets the criteria laid down in Article 57 of Regulation EC No 19072006 and is identified in accordance with
Article 591 of that Regulation
b is classified in Part 3 of Annex VI to Regulation EC No 12722008 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 20191021 or
d negatively affects the reuse and recycling of materials in the product in which it is present
28 digital product passport means a set of data specific to a product that includes the information specified in the
applicable delegated act adopted pursuant to Article 4 and that is accessible via electronic means through a data carrier
in accordance with Chapter III
29 data carrier means a linear barcode symbol, a two-dimensional symbol or other automatic identification data capture
medium that can be read by a device
30 unique product identifier means a unique string of characters for the identification of a product that also enables
a web link to the digital product passport
31 unique operator identifier means a unique string of characters for the identification of an actor involved in a products
value chain
32 digital product passport service provider means a natural or legal person that is an independent third-party
authorised by the economic operator which places the product on the market or puts it into service and that processes
the digital product passport data for that product for the purpose of making such data available to economic operators
and other relevant actors with a right to access those data under this Regulation or other Union law
2889
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
33 unique facility identifier means a unique string of characters for the identification of locations or buildings involved
in a products value chain or used by actors involved in a products value chain
34 destruction means the intentional damaging or discarding of a product as waste with the exception of discarding for
the sole purpose of delivering the discarded product for preparing for reuse, including refurbishment or
remanufacturing operations
35 customer means a natural or legal person that purchases, hires or receives a product for their own use whether or not
acting for purposes which are outside their trade, business, craft or profession
36 consumer product means any product, excluding components and intermediate products, primarily intended for
consumers
37 unsold consumer product means any consumer product that has not been sold including surplus stock, excess
inventory and deadstock and products returned by a consumer on the basis of their right of withdrawal in accordance
with Article 9 of Directive 201183EU or, where applicable, during any longer withdrawal period provided by the
trader
38 self-regulation measure means a voluntary agreement or a code of conduct, concluded by economic operators on
their own initiative, which they are responsible for enforcing
39 making available on the market means any supply of a product for distribution, consumption or use on the Union
market in the course of a commercial activity, whether in return for payment or free of charge
40 placing on the market means the first making available of a product on the Union market
41 putting into service means the first use, for its intended purpose, in the Union, of a product
42 manufacturer means any natural or legal person that manufactures a product or that has a product designed or
manufactured, and markets that product under their name or trademark
43 authorised representative means any natural or legal person established in the Union that has received a written
mandate from the manufacturer to act on the manufacturers behalf in relation to specified tasks with regard to the
manufacturers obligations under this Regulation
44 importer means any natural or legal person established in the Union that places a product from a third country on
the Union market
45 distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, that
makes a product available on the market
46 economic operator means the manufacturer, the authorised representative, the importer, the distributor, the dealer
and the fulfilment service provider
47 independent operator means a natural or legal person that is independent of the manufacturer and is directly or
indirectly involved in the refurbishment, repair, maintenance or repurposing of a product, and includes waste
management operators, refurbishers, repairers, manufacturers or distributors of repair equipment, tools or spare parts,
as well as publishers of technical information, operators offering inspection and testing services and operators offering
training for installers, manufacturers and repairers of equipment
48 professional repairer means a natural or legal person that provides professional repair or maintenance services for
a product, irrespective of whether that person acts within the manufacturers distribution system or independently
49 technical specification means a document that prescribes technical requirements to be fulfilled by a product, process
or service
50 CE marking means a marking by which the manufacturer indicates that the relevant product is in conformity with the
applicable requirements set out in Union harmonisation legislation providing for its affixing
ELI httpdata.europa.euelireg20241781oj
2989
EN
OJ L, 28.6.2024
51 conformity assessment means the process demonstrating whether the ecodesign requirements set out in the relevant
delegated acts adopted pursuant to Article 4 have been fulfilled
52 conformity assessment body means a body that performs conformity assessment activities including calibration,
testing, certification and inspection
53 notified body means a conformity assessment body notified in accordance with Chapter IX
54 provider of an online marketplace means a provider of an intermediary service using an online interface which allows
customers to conclude distance contracts with economic operators for the sale of products covered by delegated acts
adopted pursuant to Article 4
55 dealer means a distributor or any other natural or legal person that offers products for sale, hire or hire purchase, or
that displays products, to end users in the course of a commercial activity, including through distance selling and
includes any natural or legal person that puts a product into service in the course of a commercial activity
56 distance selling means the offer for sale, hire or hire purchase of products, online or through other means of distance
sales, whereby the potential customer cannot physically access the product
57 product presenting a risk means a product that, by not complying with an ecodesign requirement set in or pursuant
to this Regulation other than those listed in Article 711, could adversely affect the environment or other public
interests protected by that requirement
58 product presenting a serious risk means a product presenting a risk for which, based on an assessment, the degree of
the relevant non-compliance or the associated harm is considered to require rapid intervention by the market
surveillance authorities, including cases where the effects of the non-compliance are not immediate. The definitions of SMEs, small enterprises and microenterprises in Article 21, 2 and 3, respectively, of Annex I to
Commission Recommendation 2003361EC 58 apply.
The definitions of substance and mixture in Article 3, points 1 and 2, respectively, of Regulation EC No 19072006
apply. The definitions of accreditation and national accreditation body in Article 2, points 10 and 11, respectively, of
Regulation EC No 7652008 apply. The definitions of waste, hazardous waste, reuse, recovery, preparing for reuse and recycling in Article 3, points 1,
2, 13, 15, 16 and 17, respectively, of Directive 200898EC apply. The definition of harmonised standard in Article 2, point 1 c, of Regulation EU No 10252012 applies.
The definitions of contracting authorities in Article 2, point 1, of Directive 201424EU and of contracting entities in
Article 41 of Directive 201425EU apply. Public contracts means contracts covered by Directives 201424EU and
201425EU. The definition of processing in Article 3, point 2, of Regulation EU 20181807 of the European Parliament and of the
Council 59 applies. The definition of consumer in Article 2, point 2, of Directive EU 2019771 applies.
The definitions of market surveillance, market surveillance authority, fulfilment service provider, online interface,
corrective action, end user, recall, withdrawal, customs authorities and release for free circulation in Article 3, points
3, 4, 11, 15, 16, 21, 22, 23, 24 and 25, respectively, of Regulation EU 20191020 apply. 58
59
Commission Recommendation 2003361EC of 6 May 2003 concerning the definition of micro, small and medium-sized
enterprises OJ L 124, 20.5.2003, p. 36. Regulation EU 20181807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow
of non-personal data in the European Union OJ L 303, 28.11.2018, p.
59. 3089
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
Article 3
Free movement
Products shall only be placed on the market or put into service if they comply with the ecodesign requirements
1. applicable to those products, set out in the delegated acts adopted pursuant to Article 4. 2. Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that
comply with the performance requirements set out in delegated acts adopted pursuant to Article 4 for reasons of
non-compliance with national performance requirements relating to product parameters referred to in Annex I covered by
performance requirements included in such delegated acts. Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that
comply with the information requirements set out in delegated acts adopted pursuant to Article 4 for reasons of
non-compliance with national information requirements relating to product parameters referred to in Annex I covered by
information requirements included in such delegated acts. Notwithstanding paragraph 2 of this Article, Member States shall not be precluded from setting minimum energy
3. performance requirements in accordance with Article 5 of Directive EU 20241275 and system requirements in
accordance with Article 13 of that Directive.
4. Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products for
which a delegated act adopted pursuant to Article 42 establishes that no performance requirements, no information
requirements or neither performance nor information requirements are to be set for one or more specific product
parameters referred to in Annex I, on the grounds of non-compliance with national requirements relating to such
parameters. 5. At trade fairs, exhibitions and similar events, Member States shall not prevent the showing of products that do not
comply with requirements set in delegated acts adopted pursuant to Article 4, provided that a visible sign clearly indicates
that such products do not comply with the requirements set in those delegated acts and that they are not for sale until they
have been brought into conformity. CHAPTER II
ECODESIGN REQUIREMENTS
Article 4
Empowerments to adopt delegated acts
1. The Commission is empowered to adopt delegated acts in accordance with Article 72 to supplement this Regulation
by setting ecodesign requirements. Those delegated acts shall include at least the elements listed in Article 8. Such ecodesign
requirements shall be set in accordance with Articles 5, 6 and 7 and Chapter III. 2. The empowerment referred to in paragraph 1 shall include the possibility of establishing that no performance
requirements, no information requirements or neither performance nor information requirements are to be set for certain
product parameters referred to in Annex I where a requirement related to those specific product parameters would have
a negative impact on the ecodesign requirements considered for the product group concerned. The empowerment referred to in paragraph 1 shall not include the possibility of adopting a delegated act that
3. establishes that no ecodesign requirements are necessary for a product group. 4. In the delegated acts adopted pursuant to paragraph 1, the Commission shall provide economic operators with
sufficient time to comply with the ecodesign requirements laid down in those delegated acts, particularly taking into
consideration the needs of SMEs, in particular microenterprises. The date of application of a delegated act shall not be
earlier than 18 months from its entry into force, except in duly justified cases for the whole act or for some specific
requirements, or except in cases of partial repeal or amendment of delegated acts, where an earlier date of application may
be set.
ELI httpdata.europa.euelireg20241781oj
3189
EN
OJ L, 28.6.2024
In the delegated acts referred to in paragraph 1 of this Article, the Commission shall supplement this Regulation by
5. specifying the applicable conformity assessment procedures from either module A set out in Annex IV to this Regulation or
one of the modules B to H1 set out in Annex II to Decision No 7682008EC, with the adaptations necessary in view of the
product or ecodesign requirements concerned, in accordance with Article 43 of this Regulation. Where different conformity assessment modules in Annex II to Decision 7682008EC are to be used pursuant to other
Union law for the same product, the module provided for in the delegated acts referred to in paragraph 1 shall be used for
the ecodesign requirement concerned. When this Regulation, where appropriate, applies to a product group in a manner complementary to a Regulation of the
European Parliament and of the Council laying down harmonised conditions for the marketing of construction products
the construction products Regulation, the delegated act adopted pursuant to paragraph 1 shall specify the conformity
assessment procedure, including, where appropriate, any systems provided for pursuant to a measure under the
construction products Regulation, taking into account the characteristics of the product group, the relevant ecodesign
requirements and the cost for economic operators. The delegated acts adopted pursuant to paragraph 1 may, as appropriate in view of the specificities of the product
6. group, include any of the following additional requirements
a where necessary for effective market surveillance
i that manufacturers, their authorised representatives or importers keep the technical documentation and the EU
declaration of conformity for a period other than the 10 years referred to in Article 273, Article 282, point a,
or Article 297, as applicable, after the relevant product has been placed on the market or put into service taking
into account the nature of the product or ecodesign requirements concerned
ii that economic operators provide, upon request, market surveillance authorities with the information set out in
Article 362, second subparagraph, for a period other than 10 years referred to therein after the relevant product
has been supplied
iii that manufacturers, their authorised representatives or importers make parts of the technical documentation
related to the relevant product digitally available to the Commission or market surveillance authorities without
a request being necessary, in accordance with Article 363
iv that supply chain actors comply with the obligations listed in Article 38. b that manufacturers, their authorised representatives or importers make available to the Commission information on the
quantities of a product covered by the delegated acts referred to in paragraph 1 of this Article placed on the market or
put into service, in accordance with Article 371
c where necessary in order to ensure energy-efficient usage of products or to develop future ecodesign requirements
i that products be able to measure the energy they consume or their performance in relation to other relevant
product parameters referred to in Annex I while in use, in accordance with Article 372
ii that manufacturers, their authorised representatives or importers collect non-personal in-use data referred to in
point i and report to the Commission in accordance with Article 374
iii that digital tools be used to calculate the performance of a product in relation to a product parameter referred to in
Annex I, in accordance with Article 392
d in order to ensure transparency about conformity with ecodesign requirements, rules on markings indicating
conformity with ecodesign requirements, for products not subject to the requirement to affix the CE marking before
being placed on the market or put into service, in accordance with Article 47. 7.
The first delegated act to be adopted under this Article shall not enter into force before 19 July 2025. 3289
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
Article 5
Ecodesign requirements
1. In order to address environmental impacts and based on the product parameters referred to in Annex I, the ecodesign
requirements in the delegated acts adopted pursuant to Article 4 shall be such as to improve the following product aspects
product aspects where those product aspects are relevant to the product group concerned
a durability
b
reliability
c
reusability
d upgradability
e
repairability
f
the possibility of maintenance and refurbishment
g
the presence of substances of concern
h energy use and energy efficiency
i water use and water efficiency
j
resource use and resource efficiency
k
recycled content
l
the possibility of remanufacturing
m recyclability
n
the possibility of the recovery of materials
o environmental impacts, including carbon footprint and environmental footprint
p expected generation of waste. 2. Ecodesign requirements shall, where relevant, ensure based on the product parameters referred to in Annex I that
products do not become prematurely obsolete, for reasons that include design choices by manufacturers, the use of
components which are significantly less robust than other components, the impeded disassembly of key components,
unavailable repair information or spare parts, software that no longer works once an operating system is updated or
software updates that are not provided. The Commission shall select or develop tools or methodologies, as necessary, for the setting of ecodesign
3. requirements. Ecodesign requirements shall be set for a specific product group. They may be differentiated for any specific product
4. that belongs to that specific product group.
5. Products whose sole purpose is to serve defence or national security shall be excluded from product groups. The Commission may set ecodesign requirements also for those product groups or product aspects that have not been
6. included in the working plan referred to in Article 18. 7. Where two or more product groups display one or more similarities allowing a product aspect to be effectively
improved based on common information requirements or performance requirements, horizontal ecodesign requirements
may be set for those product groups horizontal ecodesign requirements. When considering whether to set horizontal
ecodesign requirements, the Commission shall also take into account the positive effects of those requirements towards
reaching the objectives of this Regulation, in particular the ability to cover a wide range of product groups in the same
ELI httpdata.europa.euelireg20241781oj
3389
EN
OJ L, 28.6.2024
delegated act. The Commission may supplement the horizontal ecodesign requirements through the setting of ecodesign
requirements for a specific product group. 8. An ecodesign requirement may cover products falling within the scope of a self-regulation measure included in the list
contained in the implementing act adopted pursuant to Article 213, in the event that the self-regulation measure does not
address the product aspects covered by that ecodesign requirement. Ecodesign requirements shall include, as appropriate to improve the specific product aspects, either or both of the
9. following
a performance requirements as set out in Article 6
b information requirements as set out in Article 7. 10. When preparing ecodesign requirements, the Commission shall ensure consistency with other Union law and shall
a take into account
i Union priorities for the climate, the environment, energy efficiency, resource efficiency and security, including
a non-toxic circular economy, and other related Union priorities and targets
ii relevant Union law, including the extent to which it addresses the relevant product aspects
iii relevant international agreements
iv self-regulation measures
v relevant national environmental law
vi relevant European and international standards
b carry out an impact assessment based on best available evidence and analyses, and where appropriate on additional
studies and research results produced under Union funding programmes. The setting of ecodesign requirements
concerning certain of the product aspects shall not be unduly delayed by uncertainties regarding the possibility of
setting ecodesign requirements to improve other product aspects of that product. In the impact assessment, the
Commission shall
i indicate the methodology used
ii ensure that all product aspects are analysed and that the depth of analysis of the product aspects is proportionate
to their significance for the product concerned
iii ensure that interdependencies between the different product aspects are analysed
iv set out the changes expected in terms of environmental impacts, including quantified as a carbon footprint and an
environmental footprint whenever possible
v analyse the availability of feedstock for the refurbishment sector, where appropriate
vi analyse any relevant impacts on human health
vii consider the minimum level of performance of a product or a product group needed to achieve in the future the
Unions priorities as listed in point ai
c take into consideration relevant technical information used as a basis for or derived from Union law or instruments,
including Regulation EC No 662010, Directive 201075EU, technical screening criteria adopted pursuant to
Regulation EU 2020852 and EU green public procurement criteria
d take into consideration the protection of confidential business information
3489
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
e take into account the views expressed by the Ecodesign Forum referred to in Article 19 and the Member States Expert
Group referred to in Article 20. 11. Ecodesign requirements shall meet the following criteria
a there shall be no significant negative impact on the functionality of the product, from the perspective of the user
b there shall be no adverse effect on the health and safety of persons
c there shall be no significant negative impact on consumers in terms of the affordability of relevant products, also taking
into account access to second-hand products, durability and the life cycle cost of products
d there shall be no disproportionate negative impact on the competitiveness of economic operators and other actors in
the value chain, including SMEs, in particular microenterprises
e there shall be no proprietary technology imposed on manufacturers or other actors in the value chain
f
there shall be no disproportionate administrative burden on manufacturers or other actors in the value chain, including
SMEs, in particular microenterprises. Ecodesign requirements shall be verifiable. The Commission shall identify appropriate means of verification for
12. specific ecodesign requirements, including direct checks of the product or on the basis of the technical documentation. The Commission shall publish relevant studies and analyses, including the impact assessments referred to in
13. paragraph 10, point b, used in the setting of ecodesign requirements.
For each product group concerned by ecodesign requirements, the Commission shall determine, where relevant,
14. which substances fall under the definition in Article 227, point d, taking into account, at least, whether
a based on standard technologies, the substances make the reuse, or recycling process more complicated, costly,
environmentally impactful, or energy- or resource-demanding
b the substances impair the technical properties or functionalities, the usefulness or the value of the recycled material
coming from the product or products manufactured from that recycled material
c the substances negatively impact aesthetic or olfactory properties of the recycled material. Article 6
Performance requirements
Products shall comply with performance requirements related to the product aspects, as laid down in the delegated
1. acts adopted pursuant to Article 4. The performance requirements shall be based on the relevant product parameters referred to in Annex I and shall, as
2. appropriate, include either or both of the following
a minimum or maximum levels in relation to a specific product parameter or a combination thereof
b non-quantitative requirements that aim to improve performance in relation to one or more of such product parameters. Performance requirements based on the product parameter referred to in Annex I, point f, shall not restrict, for
3. reasons relating primarily to chemical safety, the presence of substances in products. However, the setting of performance requirements shall also, where appropriate, reduce significant risks to human health or
the environment. ELI httpdata.europa.euelireg20241781oj
3589
EN
OJ L, 28.6.2024
4. When setting performance requirements, the Commission shall follow the procedure set out in Annex II. Article 7
Information requirements
Products shall comply with information requirements related to the product aspects, as laid down in the delegated acts
1. adopted pursuant to Article 4.
2. The information requirements shall
a
include, as a minimum, requirements related to the digital product passport set out in Chapter III and requirements
related to substances of concern set out in paragraph 5
b as appropriate, also require products to be accompanied by
i information on the performance of the product in relation to one or more of the product parameters referred to in
Annex I, including a repairability score, a durability score, a carbon footprint or an environmental footprint
ii information for customers and other actors on how to install, use, maintain and repair the product, in order to
minimise its impact on the environment and to ensure optimum durability, on how to install third-party operating
systems where relevant, as well as on collection for refurbishment or remanufacture, and on how to return or
handle the product at end-of-life
iii information for treatment facilities on disassembly, reuse, refurbishment, recycling, or disposal at end-of-life
iv other information that could influence sustainable product choices for customers and the way the product is
handled by parties other than the manufacturer in order to facilitate appropriate use, value-retaining operations and
correct treatment at end-of-life
c be clear, easily understandable and tailored to the particular characteristics of the product groups concerned and the
intended recipients of the information. An information requirement may be set for a specific product parameter irrespective of whether a performance
requirement is set for that specific product parameter. Where a delegated act contains horizontal ecodesign requirements, point a of this paragraph shall not apply. Information requirements based on the product parameter set out in Annex I, point f, shall not concern the labelling
3. of substances or mixtures for reasons relating primarily to their hazards to health or the environment. 4. When setting the information requirements referred to in paragraph 2, point bi, the Commission shall, where
appropriate in view of the specificity of the product group, determine classes of performance. The Commission may base the classes of performance on single parameters or on aggregated scores. Such classes of
performance may be expressed in absolute terms or in any other form that enables potential customers to choose the best
performing products. Those classes of performance shall correspond to significant improvements in performance levels. Where classes of performance are based on parameters in relation to which performance requirements are set, the lowest
class shall correspond to the minimum performance required at the time when the classes of performance start to apply.
Unless otherwise provided for under paragraph 6, point b, the information requirements shall make it possible to
5. track the substances of concern, throughout the life cycle of the products concerned, unless such tracking is already
possible pursuant to information requirements laid down in another delegated act adopted pursuant to Article 4 covering
the products concerned, and shall include at least the following
a the name or numerical code of the substances of concern present in the product, as follows
3689
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
i name in the International Union of Pure and Applied Chemistry IUPAC nomenclature, or another international
name when IUPAC name is not available
ii other names, including usual name, trade name, abbreviation
iii European Community EC number, as indicated in the European Inventory of Existing Commercial Chemical
Substances EINECS, the European List of Notified Chemical Substances ELINCS or the No Longer Polymer NLP
list or the number assigned by the European Chemicals Agency ECHA, if available and appropriate
iv the Chemical Abstract Service CAS name and number, if available
b the location of the substances of concern within the product
c the concentration, maximum concentration or concentration range of the substances of concern, at the level of the
product, its relevant components, or spare parts
d relevant instructions for the safe use of the product
e
information relevant for disassembly, preparation for reuse, reuse, recycling and the environmentally sound
management of the product at end-of-life. The Commission may, where appropriate for the product group concerned, set thresholds for when the information
requirement regarding substances of concern is to apply. 6. Where the Commission sets out information requirements in a delegated act adopted pursuant to Article 4, it shall,
where relevant
a
lay down dates of application of such information requirements referred to in the first subparagraph of paragraph 5,
differentiating between substances of concern where necessary
b provide duly justified exemptions for substances of concern or information elements from such information
requirements referred to in the first subparagraph of paragraph 5, based on the technical feasibility or relevance of
tracking substances of concern, the existence of analytical methods to detect and quantify them, the need to protect
confidential business information or in other duly justified cases substances of concern within the meaning of Article
227, point a, shall not be exempted if they are present in products, their relevant components or spare parts in
a concentration above 0,1 weight by weight and
c ensure consistency with existing information requirements under Union law and minimise the administrative burden,
including through appropriate technical solutions. 7. Information requirements shall indicate the manner in which the required information is to be made available. Where
a digital product passport is available, the required information shall be provided therein and shall, where necessary, also be
provided in one or more of the following forms
a on the product itself
b on the products packaging
c on a label referred to in Article 16
d in a user manual or other documentation accompanying the product
e on a free access website or application. Information that makes it possible to track substances of concern pursuant to paragraph 5 shall be given either on the
product or be accessible through a data carrier included on the product. 8. The information to be supplied pursuant to information requirements shall be provided in a language which can be
easily understood by customers, as determined by the Member State on whose market the product is to be made available or
in which it is to be put into service.
ELI httpdata.europa.euelireg20241781oj
3789
EN
OJ L, 28.6.2024
Article 8
Content of the delegated acts
The delegated acts adopted pursuant to Article 4 shall specify at least the following elements
a the definition of the product group or groups covered, including the list of commodity codes as set out in Annex I to
Council Regulation EEC No 265887 60 and product descriptions
b the ecodesign requirements for the product groups covered
c where relevant, the product parameters referred to in Annex I for which the Commission states that no ecodesign
requirements are necessary, pursuant to Article 4
d the test, measurement or calculation standards or methods to be used pursuant to Article 391
e where relevant, requirements for the use of digital tools pursuant to Article 392
f where relevant, the transitional methods, the harmonised standards or parts thereof the references of which have been
published in the Official Journal of the European Union, or the common specifications to be used
g the format, manner and order in which the information necessary for the verification of compliance is to be made
available
h the conformity assessment module to be used pursuant to Article 45 where the module to be applied is different from
the module set out in Annex IV, the factors leading to the choice of that module
i
the requirements concerning information to be provided by manufacturers, including on the elements of the technical
documentation that are necessary to enable the verification of compliance of the product with the ecodesign
requirements
j where relevant, any additional information requirements under Articles 36 and 37
k the duration of the transitional period during which Member States are to permit the placing on the market or putting
into service of products which comply with the national measures in force in their territory on the date of entry into
force of the delegated act adopted pursuant to Article 4
l
the date for the review of the delegated act adopted pursuant to Article 4, taking into consideration, among other
aspects
i the characteristics of the product group and its market
ii the need to adapt the requirements to make products more sustainable
iii Union policy objectives
iv technical progress and
v availability of methods. 60
Council Regulation EEC No 265887 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs
Tariff OJ L 256, 7.9.1987, p.
1. 3889
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
CHAPTER III
DIGITAL PRODUCT PASSPORT
Article 9
Digital product passport
The information requirements shall provide that products can only be placed on the market or put into service if
1. a digital product passport is available in accordance with the applicable delegated acts adopted pursuant to Article 4 and
with Articles 10 and 11. The data in the digital product passport shall be accurate, complete and up to date. The requirements related to the digital product passport laid down in the delegated acts adopted pursuant to Article 4
2. shall, as appropriate for the product groups covered, specify the following
a the data to be included in the digital product passport pursuant to Annex III
b one or more data carriers to be used
c the layout in which the data carrier is to be presented and its positioning
d whether the digital product passport is to be established at model, batch or item level, and the definition of such levels
e the manner in which the digital product passport is to be made accessible to customers before they are bound by
a contract for sale, hire or hire purchase, including in the event of distance selling
f
the actors that are to have access to data in the digital product passport and to what data they are to have access
g the actors that are to create a digital product passport or update the data in a digital product passport and what data
they may introduce or update
h the detailed arrangements for introducing or updating data
i
the period during which the digital product passport is to remain available, which shall correspond to at least the
expected lifetime of a specific product. 3. The requirements referred to in paragraph 2 shall
a ensure that actors along the value chain can easily access and understand product information relevant to them
b facilitate the verification of product compliance by competent national authorities and
c
improve the traceability of products along the value chain.
4. When setting the requirements related to the digital product passport, the Commission may exempt product groups
from the requirement to have a digital product passport where
a technical specifications of the digital product passport are not available in relation to the essential requirements
included in Articles 10 and 11 or
b other Union law includes a system for the digital provision of information related to a product group which the
Commission considers achieves the objectives referred to in paragraph 3, points a and b. Article 10
Requirements for the digital product passport
1. A digital product passport shall comply with the following essential requirements
ELI httpdata.europa.euelireg20241781oj
3989
EN
OJ L, 28.6.2024
a
it shall be connected through a data carrier to a persistent unique product identifier
b the data carrier shall be physically present on the product, its packaging or on documentation accompanying the
product, as specified in the applicable delegated act adopted pursuant to Article 4
c the data carrier and the unique product identifier shall comply with one or more of the standards referred to in
Annex III, second paragraph, or equivalent European or international standards until the references of harmonised
standards are published in the Official Journal of the European Union
d all data included in the digital product passport shall be based on open standards, developed with an interoperable
format, and shall be, as appropriate, machine-readable, structured, searchable, and transferable through an open
interoperable data exchange network without vender lock-in, in accordance with the essential requirements set out in
this Article and Article 11
e personal data relating to customers shall not be stored in the digital product passport without their explicit consent in
compliance with Article 6 of Regulation EU 2016679
f
the data included in the digital product passport shall refer to the product model, batch or item as specified in the
delegated act adopted pursuant to Article 4
g the access to data included in the digital product passport shall be regulated in accordance with the essential
requirements set out in this Article and Article 11 and with the specific access rights at product group level as specified
in the applicable delegated act adopted pursuant to Article 4. The Commission is empowered to adopt delegated acts in accordance with Article 72 to amend Annex III, first paragraph,
point c, and second paragraph in light of technical and scientific progress by replacing the standards or adding other
European or international standards with which the data carriers, the unique operator identifiers and the unique facility
identifiers are to comply for the purposes of meeting the conditions set out in this Article. 2. Where other Union law requires or allows the inclusion of specific data in the digital product passport, those data
may be included in the digital product passport pursuant to the applicable delegated act adopted pursuant to Article 4.
3. The economic operator placing the product on the market shall
a provide dealers and providers of online marketplaces with a digital copy of the data carrier or the unique product
identifier, as relevant, to allow them to make the data carrier or the unique product identifier accessible to potential
customers where they cannot physically access the product
b provide the digital copy referred to in point a or a webpage link free of charge promptly and in any event within five
working days of receiving a request to do so. The economic operator, when placing the product on the market, shall make available a back-up copy of the digital
4. product passport through a digital product passport service provider. Technical design and operation of the digital product passport
Article 11
The technical design and operation of the digital product passport shall comply with the following essential requirements
a the digital product passport shall be fully interoperable with other digital product passports required by delegated acts
adopted pursuant to Article 4 in relation to the technical, semantic and organisational aspects of end-to-end
communication and data transfer
b customers, manufacturers, importers, distributors, dealers, professional repairers, independent operators, refurbishers,
remanufacturers, recyclers, market surveillance authorities and customs authorities, civil society organisations, trade
unions and other relevant actors shall have free of charge and easy access to the digital product passport based on their
respective access rights set out in the applicable delegated act adopted pursuant to Article 4
4089
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
c the digital product passport shall be stored by the economic operator responsible for its creation or by digital product
passport service providers
d where a new digital product passport is created for a product that already has a digital product passport, the new digital
product passport shall be linked to the original digital product passport or passports
e the digital product passport shall remain available for the period specified in delegated acts adopted pursuant to
Article 4, including after an insolvency, a liquidation or a cessation of activity in the Union of the economic operator
responsible for the creation of the digital product passport
f
the rights to introduce, modify or update data in the digital product passport shall be restricted based on the access
rights specified in delegated acts adopted pursuant to Article 4
g data authentication, reliability and integrity shall be ensured
h digital product passports shall be designed and operated so that a high level of security and privacy is ensured and fraud
is avoided. If the digital product passport is stored pursuant to point c of the first subparagraph or otherwise processed by digital
product passport service providers, those digital product passport service providers shall not sell, reuse or process such
data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services, unless
specifically agreed with the economic operator placing the product on the market or putting it into service. The Commission is empowered to adopt delegated acts in accordance with Article 72 to supplement this Article by setting
out the requirements that digital product passport service providers are to comply with in order to become such providers,
and, where appropriate, a certification scheme to verify compliance with such requirements, and by setting out the
requirements that those service providers are to comply with when providing digital product passport services. The Commission may adopt implementing acts setting out procedures to issue and verify the digital credentials of
economic operators and other relevant actors that have access rights to data included in the digital product passport. Those
implementing acts shall be adopted in accordance with the examination procedure referred to in Article 733.
Article 12
Unique identifiers
1. The unique operator identifiers referred to in Annex III, first paragraph, points g and h, and the unique facility
identifiers referred to in Annex III, first paragraph, point i, shall comply with the standards referred to in Annex III, first
paragraph, point c, and second paragraph, or equivalent European or international standards, until the references of
harmonised standards are published in the Official Journal of the European Union. 2. Where a unique operator identifier referred to in Annex III, first paragraph, point h, is not yet available, the
economic operator that creates or updates the digital product passport shall request a unique operator identifier on behalf
of the relevant actor and shall provide that actor with full details of the unique operator identifier once issued. Before issuing a request as referred to in the first subparagraph, the economic operator that creates or updates the digital
product passport shall seek confirmation from that relevant actor that no unique operator identifier exists. 3. Where a unique facility identifier referred to in Annex III, first paragraph, point i, is not yet available, the economic
operator that creates or updates the digital product passport shall request a unique facility identifier on behalf of the actor
responsible for the relevant location or building and shall provide that actor with full details of the unique facility identifier
once issued. Before issuing a request as referred to in the first subparagraph, the economic operator that creates or updates the digital
product passport shall seek confirmation from the relevant actor that no unique facility identifier exists. ELI httpdata.europa.euelireg20241781oj
4189
EN
OJ L, 28.6.2024
The Commission is empowered to adopt delegated acts in accordance with Article 72 to supplement this Regulation
4. by establishing rules and procedures related to the life cycle management of unique identifiers and of data carriers. In
particular, those delegated acts shall
a establish rules for organisations wishing to become an issuing agency for unique identifiers and data carriers and
b establish rules for economic operators wishing to create their own unique identifiers and data carriers without relying
on an issuing agency for unique identifiers and data carriers. 5. The delegated acts adopted pursuant to paragraph 4 shall set out
a the criteria to become an issuing agency for unique identifiers and data carriers
b the role of an issuing agency for unique identifiers and data carriers
c the rules to ensure that unique identifiers and data carriers are reliable, verifiable and unique globally
d the rules on creating, maintaining, updating, and withdrawing unique identifiers and data carriers
e the rules related to data management.
6. When establishing the rules and procedures as referred to in paragraph 4, the Commission shall
a seek to ensure interoperability between different approaches
b take into account relevant existing technical solutions and standards
c ensure that the rules and procedures established remain, to the largest extent possible, technologically neutral. Article 13
Digital product passport registry
By 19 July 2026, the Commission shall set up a digital registry the registry which stores in a secure manner at least
1. the unique identifiers. In the case of products intended to be placed under the customs procedure release for free circulation, the registry shall
store the commodity code. The registry shall store the unique identifiers for batteries as referred to in Article 773 of Regulation EU 20231542 of
the European Parliament and of the Council 61. The Commission shall manage the registry and shall ensure that the data stored in the registry are processed securely and in
compliance with Union law, including applicable rules on the protection of personal data. 2.
The Commission shall, in the delegated acts adopted pursuant to Article 4, specify any other data which, in addition
to being included in the digital product passport, are to be stored in the registry, taking into account at least the following
criteria
a the need to allow for the verification of the authenticity of the digital product passport
b the relevance of information for improving the efficiency and effectiveness of market surveillance checks and customs
controls
c the need to avoid a disproportionate administrative burden for economic operators and customs authorities. 61
Regulation EU 20231542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste
batteries, amending Directive 200898EC and Regulation EU 20191020 and repealing Directive 200666EC OJ L 191,
28.7.2023, p. 1. 4289
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
In relation to its responsibility to set up and manage the registry and the processing of any personal data that might
3. result from that activity, the Commission shall be regarded as controller as defined in Article 3, point 8, of Regulation EU
20181725. The economic operator placing the product on the market or putting it into service shall upload, in the registry, the
4. data referred to in paragraphs 1 and 2. 5. Upon the uploading by the economic operator of the data referred to in paragraphs 1 and 2 in the registry, the
registry shall automatically communicate to that economic operator a unique registration identifier associated with the
unique identifiers uploaded in the registry for a specific product in accordance with paragraph 4. That communication by
the registry shall not be deemed to be proof of compliance with this Regulation or other Union law. The Commission shall adopt an implementing act specifying the implementation arrangements for the registry, including
for the communication of the unique registration identifier referred to in the first subparagraph. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 733. The Commission, competent national authorities and customs authorities shall have access to the registry for the
6. purposes of carrying out their duties pursuant to Union law. Article 14
Web portal for data in the digital product passport
The Commission shall set up and manage a publicly accessible web portal allowing stakeholders to search for and compare
data included in digital product passports. The web portal shall be designed to guarantee that stakeholders can search for
and compare the data in a manner that is consistent with their respective access rights specified in the delegated acts
adopted pursuant to Article 4. Article 15
Customs controls relating to the digital product passport
1. Any person intending to place a product covered by a delegated act adopted pursuant to Article 4 under the customs
procedure release for free circulation shall provide or make available to customs authorities the unique registration
identifier of that product referred to in Article 135. The first subparagraph of this paragraph shall apply from the moment the registry is operational. Customs authorities may release a product for free circulation only after having verified as a minimum that the unique
2. registration identifier referred to in Article 135 and the commodity code provided or made available to them correspond
to the data stored in the registry. The verification referred to in the first subparagraph of this paragraph shall take place electronically and automatically via
the interconnection referred to in paragraph 3. It shall apply from the moment that interconnection is operational. The release for free circulation shall not be deemed to be proof of compliance with this Regulation or other Union law. 3. The Commission shall interconnect the registry with the EU Customs Single Window Certificates Exchange System
EU CSW-CERTEX, thus enabling the automated exchange of information with the national customs systems through the
EU Single Window Environment for Customs established by Regulation EU 20222399. That interconnection shall be operational within four years of the date of entry into force of the implementing act referred
to in Article 135. 4. The Commission and the customs authorities may retrieve and use the data included in the digital product passport
and the registry for carrying out their duties pursuant to Union law, including risk management, customs controls and
release for free circulation in accordance with Regulation EU No 9522013. ELI httpdata.europa.euelireg20241781oj
4389
EN
OJ L, 28.6.2024
This Article is without prejudice to Regulation EU No 9522013 and Chapter VII of Regulation EU 20191020 and
5.
any other Union law. CHAPTER IV
LABELS
Article 16
Labels
1. Where the information requirements indicate that information is to be included in a label pursuant to Article 77,
point c, the delegated acts adopted pursuant to Article 4 shall specify
a the content of the label
b the layout of the label, ensuring visibility and legibility
c the manner in which the label is to be displayed to customers including in the event of distance selling, taking into
account the requirements set out in Article 32 and the implications for the relevant economic operators
d where appropriate, electronic means for generating labels. 2. Where an information requirement entails the inclusion in a label of the class of performance, the layout of the label
referred to in paragraph 1, point b, shall be clear and easily understandable, and shall enable customers to easily compare
product performance in relation to the relevant product parameter and to choose better performing products. For energy-related products that are subject to energy labels established pursuant to Regulation EU 20171369,
3. where information on a relevant product parameter, including on classes of performance referred to in Article 74 of this
Regulation, cannot be incorporated in the energy label, and provided such information is considered to be more relevant
and comprehensive than the information covered by the energy label, the Commission, after assessing the risk of confusion
for customers, the administrative burden for economic operators and the best way to communicate that particular
information, may, if appropriate, require the establishment of a label in accordance with this Regulation instead of the
energy label established pursuant to Regulation EU 20171369. 4. When setting the information requirements referred to in paragraph 1, the Commission shall, where appropriate,
require that the label include data carriers or other means to allow customers to access additional information on the
product, including means allowing access to the digital product passport. The Commission shall adopt implementing acts establishing common requirements for the layout of the labels
5. required pursuant to Article 77, point c. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 733. Article 17
Mimicking labels
Products that bear or are accompanied by labels that are likely to mislead or confuse customers or potential customers by
mimicking the labels provided for in Article 16 or products that are accompanied by any other information which is likely
to mislead or confuse customers or potential customers with regard to the labels provided for in that Article shall not be
placed on the market or put into service.
4489
ELI httpdata.europa.euelireg20241781oj
OJ L, 28.6.2024
EN
CHAPTER V
PRIORITISATION, PLANNING AND CONSULTATION
Article 18
Prioritisation and planning
1. When prioritising products to be covered by ecodesign requirements, the Commission shall analyse the potential
contribution of those products to achieving Union climate, environmental and energy efficiency objectives, taking into
account the following criteria
a the potential for improving the product aspects without entailing disproportionate costs, taking into account in
particular
i the absence or insufficiency of Union law, or failure of market forces or of self-regulation measures to address the
objective properly and
ii the disparity in the performance of products available on the market that have equivalent functionality in relation to
the product aspects
b the volume of sales and trade of those products within the Union
c the distribution across the value chain of the climate and environmental impacts, energy use, resource use and waste
generation concerning those products
d the need to regularly review and adapt delegated acts adopted pursuant to Article 4 in light of technological and market
developments. The Commission shall also strive to assess the potential contribution of those products to the functioning of the internal
market and to the Unions economic resilience. 2. When prioritising aspects to be covered by horizontal ecodesign requirements, the Commission shall take into
consideration the benefits of covering a wide range of products and product groups in the same delegated act in relation to
reaching the objectives of this Regulation. 3. The Commission shall adopt a working plan and make it publicly available, together with the relevant preparatory
documents working plan. The working plan shall set out a list of product groups which are to be prioritised for the
setting of ecodesign requirements and the estimated timelines for their setting. That list shall include product aspects and
product groups which are to be considered priorities for the setting of horizontal ecodesign requirements, as well as the
unsold consumer products, if any, in relation to which the introduction of a prohibition of destruction by economic
operators is to be considered, based on the consolidated information provided pursuant to Article 26 and any other
available evidence. The Commission shall in particular consider the inclusion of electrical and electronic equipment when it first identifies the
products, if any, in relation to which it will consider introducing a prohibition of destruction by economic operators. The working plan shall cover a period of at least three years and shall be regularly updated. When adopting or updating the working plan, the Commission shall take into account the criteria set out in paragraphs 1
and 2. The Commission shall present to the European Parliament a draft of the working plan before the adoption of the
4. working plan.