Brussels, 06 February 2023
Interinstitutional files:
2022/0092 (COD)
WK 1760/2023 INIT
LIMITE
CONSOM
MI
COMPET
ENER
ENV
SUSTDEV
DIGIT
CODEC
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NOTE
From:
European Commission
To:
Working Party on Consumer Protection and Information (Attachés)
Working Party on Consumer Protection and Information
Subject:
Empowering consumers for green transition & Ecodesign proposals:
complementary instruments against early obsolescence practices
- Presentation by the Commission services
WK 1760/2023 INIT
LIMITE
EN

Empowering consumers for green
transition & Ecodesign proposals:
complementary instruments against
early obsolescence practices
Consumer Protection and Information
Council Working Party
3 February 2023
DG Justice and Consumers
JUST E1 – Consumer Policy Unit

Proposed Ecodesign for Sustainable
Products Regulation (ESPR)
Building on the
Scope extension:
existing Ecodesign
Moving beyond
Directive
energy-related
General framework for adoption of
products to a wide
product scope
Ecodesign requirements:
Product-specific
measures
measures for specific or several
based on
product groups via
detailed impact
Delegated Acts
assessments
Regularly updated
Performance
Information
multiannual Working
From a Directive to
requirements
requirements
Plans
a Regulation
2

How to set ecodesign
requirements?
• Consider product aspects
Examples of parameters:
listed in Art. 5: durability,
•Resistance to stresses or
reliability, reusability,
ageing mechanisms
upgradability, reparability,
(durability)
energy use or energy efficiency,
environmental impact etc.
•Availability of spare parts
(reparability)
• Select parameters from
•Carbon footprint
(environmental impact)
Annex I that can be applied on
products or its components
•Use of easily recyclable
materials (recyclability)
• Set related performance /
•Ease of disassembly and re-
information requirements
assembly (upgradability)
3

Art. 33: Circumvention
• New provisions address certain planned obsolescence
practices when identified via testing result of market surveillance
authorities:
• Para 3: Prohibition of designing products that alter
behaviour or properties within a short period after putting the
product into service leading to a worsening of performance
for any of product parameters regulated in delegated acts or
functional performance from the perspective of the user
• Para 4: Software of firmware updates shall not worsen
product performance in relation to any of the product
parameters regulated in delegated acts or functional
performance from the perspective of the user
4

Complementary tools against early
obsolescence
Empowering Consumers
Ecodesign
•
Horizontal safety net applicable to
•
Product-specific requirements
all products
on durability/reparability
•
Principle-based provisions
•
Detailed and stringent product
design requirements
•
Once the Directive is transposed,
•
Delegated Acts have to be adopted
rules are directly applicable

Empowering Consumers
Ecodesign
•
Targeting all traders
•
Primarily targeting manufacturers
• Producers when engaged in a
commercial practice
• Sellers when reasonably expected
to be aware
•
Public enforcement in line with
•
Full spectrum of enforcement
horizontal framework in Market
mechanisms and consumer
Surveillance Regulation
redress available
• Representative actions
• CPC Coordinated actions,
including fines linked to trader’s
turn-over
• Consumer redress, e.g.
compensation of damage in case
of consumer harm

Thank you!

Document Outline