Ecodesign – definition and legal meaning. Practical comments

Publication date: April 29, 2025

The concept of ecodesign

Ecodesign is a concept of designing products in a way that takes into account environmental aspects at all stages of their life cycle – from raw material extraction, through production, use, to disposal or recycling. In a legal context, ecodesign refers to EU regulations regarding design requirements for products placed on the EU market.

The legal basis for ecodesign in the European Union is Regulation (EU) 2024/1781, which replaced the previous regulations contained in Directive 2009/125/EC. The new regulation specifies requirements for products in terms of their energy efficiency, durability, reparability and the use of recycled materials. Despite the lack of a precise definition of this concept, it can be illustrated by describing the functions it performs in the EU legal order.

The importance of ecodesign in EU law

Ecodesign regulations are an important part of the European Green Deal, which aims to reduce the negative impact of products on the environment and support the circular economy. Ecodesign requirements apply to a wide range of products, not just those related to energy, as was the case before.

In the light of Regulation 2024/1781, ecodesign means:

• designing products in a sustainable way,
• introducing the obligation to have a digital product passport,
• reducing waste of raw materials,
• increasing energy and material efficiency,
• promoting the repairability and reuse of products,
• information obligations of producers and sellers regarding the impact of the product on the environment.

Ecodesign Regulation for Sustainable Products – New Obligations for Businesses

The new regulations, which came into force on 18 July 2024, set out requirements for sustainable products placed on the European Union market. These regulations form the basis for further implementing acts on ecodesign principles , aimed at making products offered on the EU market more durable, repairable and reusable. Additionally, a key element of the new rules is to promote the use of recycled raw materials, which is to directly translate into reducing the negative impact of production on the environment.

Building a circular economy

One of the fundamental pillars of the European Green Deal, which is the European Union’s response to the ongoing climate crisis, is supporting the circular economy (CE). This idea involves maximally extending the life cycle of products and promoting their reuse and repair. In order to effectively implement these assumptions, it is important to take them into account at the product design stage, which is emphasized by the introduced regulation.

Until now, there was no comprehensive regulation covering all products available on the EU market. Although there was Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009, which established a framework for setting ecodesign requirements for energy-related products, it was limited to 31 product groups and focused mainly on energy efficiency.

According to estimates by the European Commission, the directive has been very effective, contributing to savings of around €120 billion and reducing the energy consumption of the products covered by it by 10%. For this reason, it was considered necessary to extend the scope of the regulation to other product groups in order to further reduce the environmental footprint resulting from their production and use.

The European Commission therefore proposed a new legal act, the draft of which was presented on 30 March 2022. This started the legislative process, in which the European Parliament and the Council participated. After months of negotiations, the final form of the regulation was adopted on 27 May 2024, which entered into force on 18 July 2024.

It is worth emphasising that the new provisions take the form of a regulation, not a directive. This means that, in accordance with Article 288 of the Treaty on the Functioning of the European Union, the regulation is directly applicable in all Member States, without the need for implementation into national law. Thus, Poland and other EU countries are obliged to apply its provisions directly, without the need to adopt additional national laws in order to implement it.

Scope of application

According to Article 1 paragraph 2 of Regulation 2024/1781, these provisions apply to all physical goods that are placed on the market or intended for use. This applies to both finished products and their components and semi-finished products.

Components are understood to mean elements that are intended to be incorporated into another product, creating an integral part of it. Semi-finished products, on the other hand, are materials or elements that require further processing – this includes processes such as mechanical, chemical or thermal processing, as well as additional production stages, such as assembly, mixing or coating, so that they ultimately meet the expectations of end users.

Exemptions from regulation

Despite the broad scope of application of the regulation, there are several exceptions to which these provisions do not apply. The regulations do not cover:

• Food, meaning all substances intended for human consumption, as defined in Article 2 of Regulation (EC) No 178/2002, which sets out the general principles of food safety and establishes the European Food Safety Authority.
• Feed, understood as any substance intended for feeding animals, in accordance with Article 3, point 4 of the same Regulation.
• Medicinal products, i.e. substances or mixtures used for the treatment, prevention or diagnosis of disease in human beings, as defined in Article 1(2) of Directive 2001/83/EC.
• Veterinary medicines, i.e. medicinal preparations intended for use in animals, covered by Article 4, point 1 of Regulation (EU) 2019/6.
• Living organisms, including plants, animals and microorganisms, that are not subject to processing.
• Biological materials of human origin, such as tissues, cells or other products that originate from the human body.
• Substances and organisms related to the reproduction of plants and animals, i.e. materials used for the purposes of breeding or propagating species.
• Certain categories of vehicles to which separate regulations on type-approval and market surveillance apply. This includes agricultural and forestry machinery, two-, three- and four-wheeled vehicles, as well as motor vehicles and their trailers.

Additionally, the regulation does not cover products designed and used exclusively for national defence and security purposes, which means that these product categories will not be covered by ecodesign requirements.

Ecodesign standards

Products covered by the Regulation may only be sold or put into service if they meet specific ecodesign standards. Detailed requirements for these standards will be specified by the European Commission in delegated acts, in accordance with Article 4(1) of Regulation 2024/1781.

Importantly, entrepreneurs will not be surprised by new regulations without prior preparation. Under Article 4(4) of the Regulation, the Commission ensures that economic operators, especially small and medium-sized enterprises, will be given sufficient time to adapt to the new requirements. In most cases, the regulations will enter into force no earlier than 18 months after their introduction, except where there are special reasons to shorten this period.

European Commission Action Plan

In accordance with Article 18(3) of Regulation 2024/1781, the Commission is required to develop and make public an action plan containing a timetable for the introduction of ecodesign requirements for individual product groups. The first plan should be adopted by 19 April 2025 and cover priority product groups such as:

• Industrial metals – particularly iron and steel, which are basic raw materials in many sectors of the economy.
• Aluminum – a metal widely used in the construction, automotive and electronics industries.
• Textiles – especially clothing and footwear, which require new solutions for sustainable production.
• Furniture and mattresses – everyday products for which ecodesign can significantly reduce the carbon footprint.
• Tires – key to the automotive industry, requiring new standards in terms of durability and materials.
• Cleaning products – including detergents, which have a significant impact on the environment.
• Painting materials – including paints and protective coatings whose composition and production process have an impact on ecology.
• Lubricants – used in industry and automotive, where it is crucial to reduce their negative impact on the environment.
• Chemical substances – the regulation of which can limit the negative effects of their use on health and nature.
• Energy-related products – i.e. devices for which ecodesign requirements will be defined for the first time or which require adaptation to new standards.
• Electronics and information and communication technologies – such as computers and electronic devices whose life cycle should be optimized for environmental reasons.

This does not mean, however, that all the groups mentioned will be covered by the regulations at once. The Commission may decide to implement them gradually, justifying any derogations.

Support for SMEs

The European Commission is committed to implementing measures to help small and medium-sized enterprises adapt to the new regulations. These will include digital tools and guidelines tailored to the specific needs of SMEs, as well as financial support such as tax relief, modernisation funds and training programmes. Member States will be required to implement additional support measures to ensure that entrepreneurs can effectively comply with ecodesign requirements.

Ecodesign requirements

Ecodesign, in accordance with Article 5(1) of Regulation 2024/1781, covers key aspects related to the product life cycle. These include:

• durability,
• reliability,
• possibility of reuse,
• possibility of improvement,
• possibility of repair,
• possibility of maintenance and renovation,
• presence of substances of concern,
• energy consumption and energy efficiency,
• water consumption and water efficiency,
• resource efficiency ,
• recycled content,
• possibility of regeneration,
• ability to recycle,
• possibility of recovering materials,
• environmental impact, including carbon and environmental footprint,
• expected amount of waste.

Not all of these aspects need to be considered in every product category. The European Commission will define their application for specific groups in delegated acts.

In addition, the provisions of the Regulation impose restrictions on ecodesign requirements in order to:

• did not cause a significant increase in product prices, affecting their availability to consumers,
• do not have a disproportionate impact on the competitiveness of companies, especially SMEs and microenterprises,
• do not impose excessive administrative burdens on producers and other actors in the value chain.

Ecodesign requirements are divided into:

• Performance requirements – specified in Article 6 of Regulation 2024/1781, including minimum or maximum values of technical parameters of products;
• Information requirements – specified in Article 7 of Regulation 2024/1781, including instructions for use, maintenance, repair and recycling.

The exact requirements for individual product groups will be established in delegated acts of the European Commission.

Digital Product Passport

The condition for placing a product on the market is the availability of a digital product passport, which must contain correct, complete and up-to-date data (Article 9 paragraph 1 of Regulation 2024/1781). The scope of required information for individual product groups will be specified in delegated acts.

Elements of a digital passport may include:

• data required under Annex III to the Regulation,
• at least one data carrier,
• format and location of the data medium,
• passport level specification (model, batch, article),
• the method of providing the passport before purchase (e.g. in the case of online sales),
• scope of access to data for various entities,
• entities responsible for creating and updating the passport,
• details about the update process,
• the period of availability of the passport, which should correspond to the expected period of use of the product.

Additionally, the digital product passport must meet the following requirements:

• be linked to a unique product identifier via a data carrier,
• the data carrier must be placed on the product, its packaging or in the documentation,
• the carrier and identifier must meet European or international standards,
• data must be available in a searchable and portable format,
• the passport cannot contain personal data of customers without their express consent,
• the level of detail of the passport (model, batch, article) must be consistent with the delegated acts,
• access to data must be regulated in accordance with the regulation.

The technical requirements for the interoperability and functioning of the passport are set out in Articles 11-12 of Regulation 2024/1781. The European Commission may further regulate these issues in delegated acts pursuant to Article 72 of the Regulation.

The obligations related to the digital product passport are the responsibility of the economic entity introducing the product to the market. In particular, they include:

• providing sellers and marketplaces with a digital copy of the data medium or a unique identifier so that they can make this information available to customers,
• free and immediate delivery of a digital copy of the data carrier or a link to a website (within a maximum of five working days of receipt of the request),
• providing a backup copy of the product’s digital passport through a digital passport service provider.

Detailed regulations in this regard will be established in delegated acts of the European Commission.

Destruction of unsold consumer products

The new regulations introduce a general principle requiring economic entities to take all possible actions that can realistically contribute to preventing the need to destroy unsold consumer products. This problem is particularly visible in the European Union, where huge quantities of textiles and footwear are destroyed, even though they could find another use. Such practices lead to the waste of valuable raw materials, which – although already produced – are never used for their original purpose. In order to counteract this phenomenon, the obligation to disclose information about unsold products was introduced.

In addition, under the new regulations, a ban has been introduced on the destruction of unsold clothing, clothing accessories and footwear, as specified in Annex VII of Regulation 2024/1781. It is worth noting that companies that are not directly subject to this ban cannot accept products for destruction if this is to circumvent the regulations. The ban will enter into force on 19 July 2026 for large companies, while medium-sized companies will be required to comply with it from 19 July 2030. Micro and small enterprises are not covered by this ban.

It should also be remembered that the scope of the regulations may change – new product groups may be subject to a ban if their destruction has a negative impact on the environment. The European Commission, through delegated acts, may also introduce exceptions to the existing regulations.

Producers’ obligations

Article 27 of Regulation 2024/1781 sets out the obligations of manufacturers when placing products on the market. According to these provisions, each product covered by delegated acts must meet three key conditions:

1. Compliance with efficiency requirements – products must be designed and manufactured in accordance with specific efficiency standards, which will be included in delegated acts.
2. Providing required information – manufacturers are required to provide detailed information on products, in accordance with Article 7 of the Regulation and the relevant delegated acts.
3. Digital product passport – each product should have a digital passport, and its latest version must be stored in the digital service provider’s system.

Before placing a product on the market, manufacturers must conduct a conformity assessment procedure or have it carried out by appropriate entities. It is also necessary to prepare appropriate technical documentation. Additional obligations of manufacturers include:

• Assigning an identification number to the product (e.g. serial number, batch number, type). If it is not possible to place such a marking on the product, this information should be on the packaging or in the accompanying documentation.
• Provide contact details such as company name, registered trade name, trademark, address and electronic means of communication. This information should be included on the product, packaging or in the documentation accompanying the product. Where applicable, it must also be included in the digital product passport.
• Providing a digital user manual in the language required by the Member State concerned and providing it in a way that is easily accessible to the consumer.
• Including a paper version of the instructions with the product containing key safety and operating information where this is important for the health and safety of users.

Sellers’ Responsibilities

Article 31 of Regulation 2024/1781 obliges sellers to provide customers with access to all relevant information regarding the products offered. This applies to both traditional and distance selling. Therefore:

• Customers should have easy access to a digital product passport, which must be available to both buyers and potential customers.
• Product labels must be displayed visibly and in accordance with the requirements of the Regulation.
• Advertising and technical promotional materials relating to a specific product model must include the information contained on the label.
• The use of other markings, signs or symbols that could mislead consumers regarding ecodesign requirements is prohibited.

Sanctions

Chapter XIV of Regulation 2024/1781 concerns the provisions on sanctions. Their implementation is left to the discretion of the Member States, which are obliged to establish appropriate national regulations. According to Article 74(1) of the Regulation, sanctions must be effective, proportionate and dissuasive. Each Member State is obliged to introduce provisions that ensure their enforcement.

Sanctions must take into account the following factors:

• Nature, gravity and duration of the violation – it will be analyzed how serious the violation was and how long it lasted.
• Intentional or unintentional nature of the violation – the assessment will be based on whether the violation was a result of intentional action or negligence.
• Financial situation of the perpetrator – the amount of penalties may be adjusted to the financial capabilities of the responsible entity.
• Economic benefits derived from the infringement – if the company has made financial gains, the fine may take into account the value of those gains.
• Impact of the violation on the environment – the greater the ecological damage, the more severe the sanctions may be.
• Corrective actions taken by the perpetrator – steps taken to mitigate the effects of the violation will be taken into account.
• Repeated violations – in the case of recidivism, the penalty may be more severe.
• Other mitigating or aggravating circumstances – analysis of additional factors that may influence the assessment of the offence.

Member States may impose various penalties, including fines and bans on participation in public tenders. More severe sanctions, such as restrictions on freedom, are also possible. However, the effectiveness of enforcement of these provisions depends on their implementation in the national legal system.