Regulation (EU) 2024/1781 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) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (Text with EEA relevance)

CHAPTER I GENERAL PROVISIONS

Article 1

Subject matter and scope

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.

• (a) food as defined in Article 2 of Regulation (EC) No 178/2002;

• (b) feed as defined in Article 3(4) of Regulation (EC) No 178/2002;

• (c) medicinal products as defined in Article 1(2) of Directive 2001/83/EC;

• (d) veterinary medicinal products as defined in Article 4(1) of Regulation (EU) 2019/6;

• (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 2(1) of Regulation (EU) No 167/2013, in Article 2(1) of Regulation (EU) No 168/2013 and in Article 2(1) of Regulation (EU) 2018/858, 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) ‘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;

• (6) ‘ecodesign’ means the integration of environmental sustainability considerations into the characteristics of a product and the processes taking place throughout the product’s value chain;

• (7) ‘ecodesign requirement’ means a performance requirement or an information requirement aimed at making a product, including processes taking place throughout the product’s value chain, more environmentally sustainable;

• (8) ‘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;

• (9) ‘information requirement’ means an obligation for a product to be accompanied by information as specified in Article 7(2);

• (10) ‘supply chain’ means all upstream activities and processes of the product’s 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 product’s 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 product’s 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) 2021/2279 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;

• (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 1907/2006 and is identified in accordance with Article 59(1) of that Regulation;
• (b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories:
• (i) carcinogenicity categories 1 and 2;
• (ii) germ cell mutagenicity categories 1 and 2;
• (iii) reproductive toxicity categories 1 and 2;
• (iv) endocrine disruption for human health categories 1 and 2;
• (v) endocrine disruption for the environment categories 1 and 2;
• (vi) persistent, mobile and toxic or very persistent, very mobile properties;
• (vii) persistent, bioaccumulative and toxic or very persistent, very bioaccumulative properties;
• (viii) respiratory sensitisation category 1;
• (ix) skin sensitisation category 1;
• (x) hazardous to the aquatic environment — categories chronic 1 to 4;
• (xi) hazardous to the ozone layer;
• (xii) specific target organ toxicity — repeated exposure categories 1 and 2;
• (xiii) specific target organ toxicity — single exposure categories 1 and 2;
• (c) is regulated under Regulation (EU) 2019/1021; 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 product’s 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;

• (33) ‘unique facility identifier’ means a unique string of characters for the identification of locations or buildings involved in a product’s value chain or used by actors involved in a product’s 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 2011/83/EU 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 manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s 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 manufacturer’s 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;

• (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 71(1), 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 2(1), (2) and (3), respectively, of Annex I to Commission Recommendation 2003/361/EC ([^E0001]) apply.

The definitions of ‘substance’ and ‘mixture’ in Article 3, points (1) and (2), respectively, of Regulation (EC) No 1907/2006 apply.

The definitions of ‘accreditation’ and ‘national accreditation body’ in Article 2, points (10) and (11), respectively, of Regulation (EC) No 765/2008 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 2008/98/EC apply.

The definition of ‘harmonised standard’ in Article 2, point (1) (c), of Regulation (EU) No 1025/2012 applies.

The definitions of ‘contracting authorities’ in Article 2, point (1), of Directive 2014/24/EU and of ‘contracting entities’ in Article 4(1) of Directive 2014/25/EU apply. ‘Public contracts’ means contracts covered by Directives 2014/24/EU and 2014/25/EU.

The definition of ‘processing’ in Article 3, point (2), of Regulation (EU) 2018/1807 of the European Parliament and of the Council ([^E0002]) applies.

The definition of ‘consumer’ in Article 2, point (2), of Directive (EU) 2019/771 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) 2019/1020 apply.

Article 3

Free movement

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.

CHAPTER II ECODESIGN REQUIREMENTS

Article 4

Empowerments to adopt delegated acts

Where different conformity assessment modules in Annex II to Decision 768/2008/EC 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.

• (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 27(3), Article 28(2), point (a), or Article 29(7), 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 36(2), 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 36(3);
• (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 37(1);

• (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 37(2);
• (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 37(4);
• (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 39(2);

• (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.

Article 5

Ecodesign requirements

• (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.

• (a) performance requirements as set out in Article 6;

• (b) information requirements as set out in Article 7.

• (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 Union’s priorities as listed in point (a)(i);

• (c) take into consideration relevant technical information used as a basis for or derived from Union law or instruments, including Regulation (EC) No 66/2010, Directive 2010/75/EU, technical screening criteria adopted pursuant to Regulation (EU) 2020/852 and EU green public procurement criteria;

• (d) take into consideration the protection of confidential business information;

• (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.

• (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.

• (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

• (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.

However, the setting of performance requirements shall also, where appropriate, reduce significant risks to human health or the environment.

Article 7

Information requirements

• (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.

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.

• (a) the name or numerical code of the substances of concern present in the product, as follows:
• (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.

• (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 2(27), 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.

• (a) on the product itself;

• (b) on the product’s 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.

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 2658/87 ([^E0003]) 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 39(1);

• (e) where relevant, requirements for the use of digital tools pursuant to Article 39(2);

• (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 4(5); 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.

CHAPTER III DIGITAL PRODUCT PASSPORT

Article 9

Digital product passport

• (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.

• (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.

• (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

• (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 vendor 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) 2016/679;

• (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.

• (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.

Article 11

Technical design and operation of the digital product passport

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;

• (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 73(3).

Article 12

Unique identifiers

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.

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.

• (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.

• (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.

• (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

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 77(3) of Regulation (EU) 2023/1542 of the European Parliament and of the Council ([^E0004]).

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.

• (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.

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 73(3).

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

The first subparagraph of this paragraph shall apply from the moment the registry is operational.

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.

That interconnection shall be operational within four years of the date of entry into force of the implementing act referred to in Article 13(5).

CHAPTER IV LABELS

Article 16

Labels

• (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.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 73(3).

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.

CHAPTER V PRIORITISATION, PLANNING AND CONSULTATION

Article 18

Prioritisation and planning

• (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 Union's economic resilience.

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.

• (a) iron and steel;

• (b) aluminium;

• (c) textiles, in particular garments and footwear;

• (d) furniture, including mattresses;

• (e) tyres;

• (f) detergents;

• (g) paints;

• (h) lubricants;

• (i) chemicals;

• (j) energy related products for which ecodesign requirements are to be set for the first time or for which existing measures adopted pursuant to Directive 2009/125/EC are to be reviewed under this Regulation; and

• (k) information and communication technology products and other electronics.

If any of the product groups referred to in the first subparagraph is not included in the first working plan or if any other product group is included, the Commission shall provide a justification for its decision in that working plan.

Article 19

Ecodesign Forum

The Commission shall establish an Ecodesign Forum as an expert group with a balanced and effective participation of experts designated by Member States and of all parties having an interest in the product or product group in question.

The Ecodesign Forum shall contribute in particular to:

• (a) preparing ecodesign requirements;

• (b) preparing working plans;

• (c) examining the effectiveness of the established market surveillance mechanisms;

• (d) assessing self-regulation measures; and

• (e) assessing the prohibition of the destruction of unsold consumer products additional to those listed in Annex VII.

Article 20

Member States Expert Group

The Commission shall establish a Member States Expert Group as a subgroup of the Ecodesign Forum, composed of experts designated by the Member States.

Those experts shall contribute in particular to:

• (a) preparing ecodesign requirements;

• (b) assessing self-regulation measures;

• (c) exchanging information and best practices on measures to enhance compliance with this Regulation;

• (d) setting priorities with regard to unsold consumer products in relation to which the introduction of a prohibition of destruction by economic operators is to be considered under Article 18(3), in particular electrical and electronic equipment when first identifying those unsold consumer products.

Article 21

Self-regulation measures

• (a) a list of the economic operators that are signatories to the self-regulation measure;

• (b) the ecodesign requirements applicable to products covered by the self-regulation measure;

• (c) a detailed, transparent and objective monitoring plan, with clearly identified responsibilities for industry and independent inspectors, including the criteria set out in Annex VI, point 6;

• (d) rules on information to be reported by signatories and on testing and inspections;

• (e) rules on the consequences of the non-compliance of a signatory that include provisions whereby, if the signatory has not undertaken sufficient corrective action within three months, it is removed from the signatories of that self-regulation measure; and