EU Ecodesign Regulation for the adhesives and sealants industry: key role for circular economy and electronics recycling

While the old directive only covered energy-related products, the ESPR now allows ecodesign requirements to be set for nearly all products traded within the EU. The regulation defines ecodesign as “the integration of environmental sustainability considerations into the characteristics of a product and the processes across the entire value chain” (Art. 2(1) No. 6 ESPR). This makes it clear that the ESPR and the associated ecodesign requirements cover the entire lifecycle of a product, from production to disposal.

As is typical in recent EU product regulations, the ESPR is designed as a framework regulation, which is brought to life by delegated acts from the Commission for specific product groups. In certain areas, the Commission also has implementing powers (see Art. 11(4) ESPR).

Due to its broad scope and the significant impact of the delegated regulations on the addressed product groups, the ESPR is expected to have substantial effects on businesses within the EU.

Scope and Functionality of the Ecodesign Regulation

The new ESPR expands the scope of potential ecodesign requirements to include virtually all physical goods, including their components and intermediate products, that are placed on the EU market or put into service. Excluded are food and feed, human and veterinary medicines, living plants, animals and microorganisms, products of human origin, products from plants and animals directly related to their future reproduction, and certain vehicles regarding aspects that are regulated by specific sectoral EU legislation (Art. 1(2) ESPR). The previous directive only allowed ecodesign requirements for energy-related products, such as refrigerators, televisions, or light bulbs, which will continue to be regulated accordingly.

The ESPR is a framework regulation that sets out the principles, conditions, and criteria for establishing ecodesign requirements for products. Specific requirements for individual product groups will be defined by delegated acts of the Commission, which will be issued over the next few years. To this end, the Commission will draft a work plan outlining when ecodesign requirements will be adopted for which product groups (Art. 18(3) ESPR). As part of this process, relevant stakeholders will be consulted through a so-called Ecodesign Forum.

The first work plan is scheduled to be adopted by April 19, 2025, focusing on the product groups mentioned in Art. 18(5) ESPR, namely:

• Iron and steel
• Aluminum
• Textiles, especially clothing and footwear
• Furniture, including mattresses
• Tires
• Detergents
• Paints
• Lubricants
• Chemicals
• Energy-related products that either require new ecodesign requirements or whose existing requirements, based on the old directive, need review
• ICT products and other electronic devices

The Ecodesign Forum is expected to be established soon, likely within 2024.

The delegated acts will specify the concrete ecodesign requirements for the targeted product groups (Art. 4, 8 ESPR). These will address aspects like durability and recyclability, distinguishing between performance and information requirements (Art. 5 ESPR). Performance requirements are based on product parameters such as guaranteed lifespan or the use of easily recyclable materials and mandate compliance with these parameters (Art. 6 ESPR). Information requirements, which include the new digital product passport (see Section B), aim to ensure that customers and other stakeholders can easily access product information, facilitating adherence to these product aspects (Art. 7 ESPR). As known from the previous Ecodesign Directive, this often includes labeling requirements (Art. 16 ff. ESPR).

New Digital Product Passport

The ESPR introduces a digital product passport, which primarily provides an easy way to digitally access the information required for specific products under the ESPR (Art. 9 ff. ESPR). This links the goal of sustainability with aspects of digitalization. The digital product passport is a product-specific data set made available electronically (Art. 2(1) No. 28 ESPR). The importance of this passport should not be underestimated: without it, products cannot be placed on the market or put into service (Art. 9(1) ESPR).

The specific data stored in the digital product passport and the date by which it becomes mandatory will be defined on a product-specific basis in the Commission’s delegated acts. These data can include general information such as product identification or details on installation, use, maintenance, and repair, but also information on raw materials used in manufacturing or the product’s supply chain (especially in cases involving hazardous substances). The delegated acts will also determine the medium for storing the data and how it should be displayed, often recommending the use of a QR code directly on the product.

The data will also be stored in a new digital product passport registry, which the Commission will establish by July 2026. Through a web portal managed by the Commission, stakeholders will be able to search for and compare data contained in digital product passports. The digital product passport will also play a role in future customs procedures.

Ban on Destroying Unsold Consumer Goods

For the first time, the ESPR includes provisions that prohibit the destruction of unsold consumer goods (Art. 23 ff. ESPR). The regulation introduces a two-stage system that also differentiates by company size. Initially, there is an obligation for businesses that directly dispose of consumer goods or have them disposed of on their behalf to disclose information about this practice. Medium-sized companies are exempt from this obligation until 2030, and small and micro-enterprises are completely exempt.

From July 2026, a ban on destroying certain unsold consumer goods will apply to large companies. The list of affected products, which currently includes clothing and footwear, can be expanded by the Commission through delegated acts. This ban will extend to medium-sized companies starting in July 2030, while small and micro-enterprises remain exempt.

Affected Economic Operators

As is common in recent EU product law, the ESPR imposes obligations not only on manufacturers, importers, distributors, and retailers but also on fulfillment service providers, online marketplaces, and search engines (Art. 27 ff. ESPR).

Conclusion

The ESPR significantly expands the scope and reach of ecological product requirements and will pose considerable challenges for businesses, especially given the numerous delegated and implementing acts that the Commission will need to adopt in the coming years to bring the ESPR fully to life.

Against this backdrop, businesses are well-advised to closely monitor the development of the Commission’s work plans and the specification of product-related requirements in these acts to influence them early on and ensure compliance – especially given that member state sanctions will enforce the proper implementation of the ESPR (Art. 74 ESPR).

The proposal for a new EU Ecodesign Regulation is significant for the adhesives and sealants industry, as it sets regulatory standards for products where these materials play a crucial role. Adhesives and sealants provide benefits to businesses, consumers, and the environment, supporting circular economy principles in line with the EU Ecodesign Directive, which has been in effect since 2008 and is regularly revised. The unique properties of adhesives and sealants are particularly relevant for mobile phones, tablets, and laptops, contributing to usability, repairability, and recyclability.

In the electronics sector, adhesives and sealants impact process efficiency, design optimization, durability, and recyclability. The EU’s ecodesign and resource-efficiency requirements for devices like smartphones include designing for reliability (e.g., scratch resistance), repairability (e.g., removable fasteners), and recycling compatibility. While adhesives enhance the reliability of electronics, more clarity is needed regarding the repair and recycling of electronic waste. Improved communication across the supply chain and greater consumer awareness are essential.

Highly relevant

Where adhesives and sealants can be adapted, they have the potential to enhance the usability, repairability, and recyclability of electronic devices, raising the question of the need for debonding on demand. The European Commission’s goal of a circular economy for plastics aims to reduce waste and promote recycling. In this context, adhesives are critical, as they enable the debonding of electronic components, making repair and recycling, and therefore a circular economy, possible. Debonding can occur either through mechanical force and temperature or via specific triggers like light or electric fields, depending on whether the adhesive has been modified.

A practical example of circular economy potential is the reversible bonding of smartphone batteries. Different scenarios can be analyzed from functional, environmental, and economic perspectives, ranging from complete recycling of the device (least desirable) to battery debonding and proper maintenance of the phone (most desirable). The best approach involves introducing circular business models that equitably distribute benefits between businesses and consumers, creating a win-win for both the environment and society. Therefore, the new EU Ecodesign Regulation is highly relevant for the adhesives and sealants industry.