The European Commission has released a detailed Frequently Asked Questions (FAQ) document to provide initial clarification on the newly implemented Eco-design for Sustainable Products Regulation (ESPR), which officially took effect on July 18, 2024. The ESPR seeks to establish a new benchmark for product sustainability, requiring all products introduced to the EU market to be designed with a strong focus on environmental impact. 

Key Insights from the FAQ Document 

The FAQ document addresses frequently asked questions from stakeholders regarding the ESPR (Regulation (EU) 2024/1781), which was adopted by the European Parliament and the Council on June 13, 2024. This Regulation establishes a framework for the setting of ecodesign requirements for sustainable products (ESPR). The document offers preliminary clarifications from the European Commission's services, but should not be considered as an official stance of the Commission. It aims to provide clarity on the Regulation, with the Court of Justice of the European Union being the only body authorized to give an authoritative interpretation of EU law. 

The FAQ document covers a broad spectrum of topics including: 

• The scope of the regulation 

• Specific product categories 

• Digital Product Passport 

• Eco-design Forum 

• Implementation timeline 

Support for Stakeholders 

The European Commission is dedicated to supporting stakeholders during the transition to the new regulations, offering guidance, training and financial support, with a particular focus on small and medium-sized enterprises (SMEs). The Commission’s efforts are aimed at helping stakeholders such as manufacturers, importers, and consumers to manage the impact of the Eco-design for Sustainable Products Regulation (ESPR). 

The European Chemicals Agency (ECHA) has published the updated Guidance on the Application of the CLP Criteria to reflect the latest regulatory developments and scientific advances. The revised guidance is now presented as a series of five separate documents to enhance usability and support compliance with Regulation (EC) No 1272/2008 (CLP Regulation).

Key Features of the Updated Guidance

Comprehensive Scope

The guidance provides detailed technical and scientific advice on the application of the classification, labelling, and packaging (CLP) criteria for physical, health and environmental hazards. It supports manufacturers, importers and downstream users in meeting their obligations under the CLP Regulation.

New Structure for Improved Usability

To improve accessibility, the guidance has been reorganised into five distinct parts:

1. Overview Document: An introduction to the guidance series.

2. Part 1: General Principles for Classification and Labelling: This basic part contains practical examples and must be consulted before using other parts.

3. Part 2: Physical Hazards: Updated to reflect recent advances, including criteria for desensitised explosives.

4. Part 3: Health Hazards: Includes new guidance on endocrine disruptors affecting human health.

5. Part 4/5: Environmental Hazards and Additional Hazards: Includes new sections on environmental endocrine disruptors, Persistent, Bioaccumulative, and Toxic (PBT), very Persistent and very Bioaccumulative (vPvB), Persistent, Mobile, and Toxic (PMT) and very Persistent and very Mobile (vPvM) criteria.

Guidance on the New Hazard Classes

The updated guidance introduces key sections addressing emerging safety concerns, with detailed information available in specific parts of the guidance series:

• Endocrine Disruption (Human Health): This section, found in Part 3: Health Hazards, Section 3.11, provides criteria for identifying substances with endocrine disrupting properties that affect human health.

• Endocrine Disruption (Environmental): Addressed in Part 4/5: Environmental Hazards and Additional Hazards, Section 4.2, this section provides guidance on the identification and classification of environmental endocrine disruptors.

• PBT, vPvB, PMT and vPvM: Covered in Part 4/5, Section 4.3, where criteria for the assessment of substances with PBT, vPvB, PMT or vPvM properties are detailed.

Each part provides comprehensive guidance on these hazard classes to ensure that stakeholders have the necessary tools for accurate classification and labelling under the CLP Regulation.

Background and Legal Notice

The guidance is based on the Globally Harmonised System of Classification and Labelling of Chemicals (GHS) and builds on the EU’s long-standing expertise in chemical safety. ECHA emphasises that the CLP Regulation itself remains the only legally binding reference, and this guidance is intended to support its application.

The updated guidance incorporates input from experts from Member States, industry stakeholders and organisations such as the European Food Safety Authority (EFSA) to ensure a robust and science-based framework.

Recent Adoption of the New CLP Regulation

On 14 October 2024, the Council of the European Union adopted the new Regulation on the Classification, Labelling and Packaging of Chemical Substances (CLP9, marking a significant step forward in chemical safety. This update modernises the 2008 CLP Regulation to better reflect evolving hazards, consumer protection trends, and sustainable practices.

The new regulation introduces voluntary digital labelling, rules for chemical refill stations and a five-year grace period for non-modified substances of botanical origin with multiple constituents (MOCS). Key changes include faster identification and classification of hazards, including endocrine disruptors, updated labelling requirements for both traditional and digital formats, and adaptations to modern trading practices such as online sales and bulk purchasing. These updates aim to enhance consumer and environmental protection while supporting the circular economy.

The Regulation will enter into force three days after its publication in the Official Journal of the European Union.

Access the Updated Guidance

Stakeholders are invited to consult the new guidance documents, which are available on ECHA’s website here. The updated structure and content reflect the EU’s commitment to chemical safety and effective hazard communication.