The EU Ecodesign Regulation (ESPR) is on its way: what will change for textile producers?
Keeping clothes in play is a key mission at MENDED. In a previous blog we have explored ways to extend the lifespan of our favorite denim jeans. While it is important for consumers to play their role in the circularity game, studies have shown that 80% of a product's environmental impact is determined at the design stage, thus shining the spotlight on designers. This is why, in 2022, the European Commission (EC) has proposed the Ecodesign for Sustainable Product Regulation (ESPR). The goal is to enhance circularity by establishing new obligations, prioritizing the most resource intensive and wasteful sectors like the textile industry.
It’s important for businesses to become familiar with these new rules which, when approved, will have major effects across the whole supply chain.
The Regulation in a nutshell
The Regulation aims at increasing the environmental sustainability and circularity of all products placed on the market or put into service, among which the textile ones, both garments and footwear. In order to do so, producers will need to:
- comply with specific eco-design requirements;
- introduce Digital Passport for products; and
- comply with a ban on the destruction of unsold products.
Let’s delve into more specific obligations for the textile sector.
Eco-design requirements
The EC will divide all products into different product groups. For each of them it will set specific eco-design requirements, which will be found in a separate delegated act (a type of secondary legislation). Considering how resource intensive and wasteful the textile industry is, textiles have been categorized as priority products. This means that after the adoption of the Regulation, the EC will have nine months to set specific eco-design requirements for textiles. These requirements relate to different aspects of circularity, among which durability, reliability, reusability, reparability, remanufacturing, recycling, carbon and environmental footprints and many more.
What about the second-hand sector?
Since the text of the Regulation is currently under scrutiny, it is still not certain whether the eco-design requirements would apply to the second-hand sector. However, the European Parliament has been advocating for an exception, considering the second-hand sector’s key role in keeping clothes in the loop. For this reason, it has been proposed that products that are repaired or refurbished will not be considered as new products. In this way they will not have to comply with the relevant ecodesign requirements.
Yes, your jeans will have their own passport!
One of the most discussed novelties of the Regulation is the introduction of digital passports in order to facilitate the traceability of product’s information across the value chain. These passports will be useful for all actors in the textile sector. On one hand, they will help repairs and recyclers to access important information such as what kind of chemical substances have been used or how different materials have been combined together. On the other hand, consumers will have an extra tool to make more informed choices when purchasing products. Producers will need to make sure that the digital passport is easily accessible by scanning a data carrier, most likely in the form of a QR code.
Unsold products? Destroying textiles will be a no-go.
Fast fashion and the steep growth of online sales have led to an overproduction of textile items, which failing to keep up with new trends end up being destroyed. This is why the new Regulation aims at disincentivizing the destruction of unsold consumer products. This will be done by requiring operators to disclose specific information concerning their destruction, among which the number and weights of destroyed products and the reason for such discarding. Notably, the EU will apply a very broad definition of “unsold” encompassing surplus, excessive inventory, overstock, deadstock, as well as products returned by consumers.
Moreover, the Regulation will impose a total ban on destruction of unsold footwear, apparel and clothing accessories. The ban will start applying two years after the Regulation entry into force, with the following deviations:
- For medium-sized enterprises the ban will be mandatory 6 years after the entry into force of the Regulation;
- The ban will not apply to micro and small enterprises.
Timeline?
As explained before, the Regulation has been proposed in 2022 by the EC. In December 2023 the EU co-legislators (European Parliament and Council) reached a provisional agreement on the text of the Regulation. However, we are still waiting for a final agreement necessary for the Regulation to enter into force. This means that amendments to the text could still take place.
After 20 days from its official publication, the Regulation will enter into force and thus be directly applicable in all Member States. Unlike Directives, Regulations do not need to be transposed into national law and thus require immediate actions to be undertaken by the affected actors to comply with new rules. This is why it is advisable for fashion brands to start familiarizing themselves with the upcoming changes.
In short
In summary, the main goal of the ESPR is to transition from a take-make-dispose mentality to a circular one, where textile products are designed to be easily repaired, reused and recycled. In addition to this, the Regulation tackles overproduction by imposing a total ban on the destruction of unsold textile products. The introduction of sustainable products, easily traceable through a Digital Passport, will become “the norm”.
Keeping clothes in play – the core mission at MENDED – perfectly aligns with the objectives of the upcoming Regulation. While a final text is still missing, it appears clear that the new Regulation will shift the responsibility towards designers, who will be encumbered with many new obligations. Our services will support fashion brands in transitioning towards sustainable products in compliance with the new rules.
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