Joint Statement on Article 16(5) of the ESPR

Our associations, representing a diverse range of sectors, are concerned with the current approach the European Commission is pursuing in relation to the implementation of a label under the Ecodesign for Sustainable Products Regulation (ESPR). 

We support the objectives of the ESPR in improving the sustainability of products placed on the EU market, and in providing consumers with accurate, transparent sustainability information. However, we believe that Article 16(5), should be subject to a thorough review and subsequent amendment to ensure it does not introduce horizontal labelling measures not underpinned by clear metrics and methodologies. Pending such an amendment, we urge the Commission to defer the adoption of any implementing acts under this article. Failure to do so would result in an increase in regulatory complexity, consumer confusion, and contradiction of the objectives of the EU Commission’s 2025 Single Market Strategy.

We urge policymakers to leave decisions on the layout and content of any potential future ESPR label to product-specific delegated acts that thoroughly assess the most appropriate requirements relevant to the overall sustainability of the product, and the information considered relevant to be provided to consumers. Furthermore, the Commission should also fully account for existing product-specific labeling regulations and the outcomes of ongoing sectoral studies to avoid unnecessary overlap and regulatory complexity.

Should the proper removal not be possible, we would recommend delaying the adoption of this implementing act under Article 16(5) until a sufficient number of delegated acts have been published, thereby ensuring that the common design and layout are consistent with the information requirements and methodologies identified by product delegated acts. Such an approach would also avoid opening the ESPR. Furthermore, industry remains committed to engaging on any future label through product-specific delegate acts, once the underlying methodologies are well defined.

Adopting this approach would ensure that the following important considerations are addressed:

1 - Avoiding a One-Size-Fits-All Approach 

2. Demonstrating the Relevance of a Label for each Product Group

3. Prioritising Digitalisation 

4. Ensuring Value of Information for the Consumer

In conclusion, introducing an ESPR label in accordance with the requirements set out in Article 16(5), before defining the scope, metrics, parameters considered, assessment methodologies, and compliance controls, would create premature, prescriptive labelling requirements. We therefore urge EU policymakers to prioritise an approach at the product group level that takes advantage of digital tools and existing EU instruments. Establishing a robust methodological framework first will ensure that any future labelling, where justified, is tailored to the product’s specific sustainability parameters, safeguards consumer trust, and is aligned with the EU’s simplification and digitalisation objectives. Article 16(5) reverses the logical sequence of steps, we therefore urge the Commission to defer the adoption of implementing acts for common layouts and to propose an amendment to the ESPR Article 16(5) in light of the EU’s ongoing simplification and streamlining exercises.