Czech Council Presidency publishes progress report on ESPR (GEN – 1443.00)

28 November 2022

GEN – 1443.00. On 14 November 2022, the Council published a note from the Czech Presidency reporting on the progress of the discussions on the Ecodesign for Sustainable Products Regulation (ESPR) proposal. It summarises the positions and concerns on the key issues at play.

Background

The Ecodesign for Sustainable Products Regulation (ESPR) proposal was submitted on 30 March 2022 to the Council and Parliament for co-decision. In the Council, the file was discussed in the Environment and Competitiveness formations at various levels. Below is a summary of the discussions based on the Czech Presidency progress report.

Summary of Council position

The ESPR proposal is generally and broadly supported among Member States. A majority of delegations welcome the extension of the scope of the Ecodesign instrument. It is considered to hold potential to contribute to the green transition, sustainability, and resource efficiency aims.

Digital Product Passport

There is support especially for the new Digital Product Passport (DPP). Many ministers stressed the need to provide understandable and reliable information to end-users, recyclers, and other stakeholders in the value chain. However, Member States had questions on the actual functioning of the DPP and raised concerns about the confidentiality of information stored in the DPP. Some Member States insisted on the need for coherence with existing labelling obligations (e.g. Energy Labelling and EPREL) in order to avoid duplication.

Coherence with other EU legislation

As a broader point, Member States emphasised the need to ensure coherence with other EU legislation. For example, provisions on substances of concern should be in coherence with REACH and other chemical legislation, provisions on labels in line with the Energy Labelling Regulation, etc.

Competitiveness and transition periods

Many Member States voiced concerns about the potential impact of the proposal on competitiveness of EU businesses, especially SMEs. In this context, several Member States argued for sufficient transitional periods after the adoption of new requirements.

Delegated acts

Member States also raised concerns about the delegation of power to the European Commission. Ministers broadly demanded sufficient involvement of Member States in the preparation of secondary legislation, including through adequate participation in the Ecodesign forum. Many Member States would prefer using implementing acts instead of delegated acts. Some Member States suggested to specify in more detail the empowerment to adopt secondary legislation.

Next steps

The Competitiveness Council will continue discussing the ESPR proposal on 1 December 2022. Discussions on the ESPR will continue under the Swedish Presidency of the Council (first half of 2023).