On 16.4.2025, the European Commission has adopted the 2025-2030 Working Plan “Ecodesign for Sustainable Products and Energy Labelling” (hereinafter the “Plan”) with the aim of identifying the so-called priority products in the process of introducing ecodesign and energy labelling requirements over the next five years.

The Plan is the first policy document adopted by the Commission for the implementation of regulatory measures already adopted by the EU on product eco-compatibility, green transition, and sustainability labeling, namely:

• Regulation (EU) 2024/1781 “establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC” (Ecodesign for Sustainable Products Regulation – hereinafter “ESPR” or “Ecodesign Regulation”). The Ecodesign Regulation applies to almost all products marketed in the Union, with the exception of those mentioned under Article 1, point 2 and including, for instance, food, medicines and products of human origin; and
• Regulation (EU) 2017/1369 setting a framework for energy labelling and repealing Directive 2010/30/EU” (Energy Labelling Framework Regulation – “ELFR” or “Energy Labelling Regulation”).

By identifying the “key priorities” for gaining the experience and capabilities needed to achieve the objectives imposed by the ESPR, the Plan is a key tool in achieving said objectives. In parallel, the Plan opens the study of some additional categories of products, currently not included in the scope of the ESPR and ELFR, by conducting (i) preliminary studies related to the scope of the regulations and (ii) detailed assessments of potential impacts and improvements.

The Commission’s confirmation of garments, footwear and accessories – products already within the scope of the ESPR and defined as a priority under Article 18 – as the first among the priority products has direct implications for the fashion & luxury sector since the design of these products, their components and/or semi-finished products (i.e., according to the Ecodesign Regulation the so-called “intermediate products”) will most likely be particularly monitored in the timeline of approval of delegated acts.

Preliminarily presented during 2023, the Ecodesign Regulation was finally adopted on 28.6.2024, with the aim of establishing a «framework for the setting of ecodesign requirements (1) that products have to comply with to be placed on the market or put into service, with the aim of improving the environmental sustainability of products in order to make sustainable products the norm and to reduce the overall carbon footprint and environmental footprint of products over their life cycle, and of ensuring the free movement of sustainable products within the internal market» (Article 1, point 1 of the ESPR).

Among the most impactful changes for the fashion & luxury sector, in addition to the definition of ecodesign requirements, the Ecodesign Regulation introduces:

(a) a digital product passport, defined as «a set of data specific to a product that includes the information specified in the applicable delegated act adopted pursuant to Article 4 and that is accessible via electronic means through a data carrier in accordance with Chapter III» (Article 2, point 28 of the ESPR) and expressly regulated by Art. 9 (2);

(b) specific consumer information rules to discourage the destruction of unsold consumer products «including surplus stock, excess inventory and deadstock and products returned by a consumer on the basis of their right of withdrawal in accordance with Article 9 of Directive 2011/83/EU or, where applicable, during any longer withdrawal period provided by the trader» (Article 2, point 37). Traders who wish to dispose of unsold goods will have to disclose the information set forth in Article 24 of the ESPR (3).

([1]) More specifically, point 2 states that «the requirements related to the digital product passport laid down in the delegated acts adopted pursuant to Article 4 shall, as appropriate for the product groups covered, specify the following: (a) the data to be included in the digital product passport pursuant to Annex III; (b) one or more data carriers to be used; (c) the layout in which the data carrier is to be presented and its positioning; (d) whether the digital product passport is to be established at model, batch or item level, and the definition of such levels; (e) the manner in which the digital product passport is to be made accessible to customers before they are bound by a contract for sale, hire or hire purchase, including in the event of distance selling; (f) the actors that are to have access to data in the digital product passport and to what data they are to have access; (g) the actors that are to create a digital product passport or update the data in a digital product passport and what data they may introduce or update; (h) the detailed arrangements for introducing or updating data; (i) the period during which the digital product passport is to remain available, which shall correspond to at least the expected lifetime of a specific product».

([2]) And in particular: «(a) the number and weight of unsold consumer products discarded per year, differentiated per type or category of products; (b) the reasons for discarding products, and where applicable, the relevant derogation under Article 25(5); (c) the proportion of discarded products delivered, whether directly or through a third party, to undergo each of the following activities: preparing for reuse, including refurbishment and remanufacturing, recycling, other recovery including energy recovery, and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC; (d) measures taken and measures planned for the purpose of preventing the destruction of unsold consumer products»

2.1  The obligation to adopt the working plan

As mentioned, it was the ESPR itself that expressly provided, under Article 18 point 3, for the obligation to adopt a working plan establishing «a list of product groups which are to be prioritized for the setting of ecodesign requirements and the estimated timelines for their setting. That list shall include product aspects and product groups which are to be considered priorities for the setting of horizontal ecodesign requirements, as well as the unsold consumer products, if any, in relation to which the introduction of a prohibition of destruction by economic operators is to be considered».

In defining said order of priority, the Commission is required to analyze the contribution of each individual product category to the achievement of the EU’s climate, environmental and energy efficiency goals, taking into account certain criteria including:

«(a) the potential for improving the product aspects without entailing disproportionate costs, taking into account in particular (i) the absence or insufficiency of Union law, or failure of market forces or of self-regulation measures to address the objective properly; and (ii) the disparity in the performance of products available on the market that have equivalent functionality in relation to the product aspects;

(b) the volume of sales and trade of those products within the Union;

(c) the distribution across the value chain of the climate and environmental impacts, energy use, resource use and waste generation concerning those products;

(d) the need to regularly review and adapt delegated acts adopted pursuant to Article 4 in light of technological and market developments». (Article 18, point 1).

The working plan, according to the ESPR, must be valid for at least three years and shall be updated periodically following all the criteria set forth in Article 18.

(1) Listed by Art. 5 of the ESPR which specifies that «in order to address environmental impacts and based on the product parameters referred to in Annex I, the ecodesign requirements in the delegated acts adopted pursuant to Article 4 shall be such as to improve the following product aspects (“product aspects”) where those product aspects are relevant to the product group concerned: (a) durability; (b) reliability; (c) reusability; (d) upgradability; (e) repairability; (f) the possibility of maintenance and refurbishment; (g) the presence of substances of concern; (h) energy use and energy efficiency; (i) water use and water efficiency; (j)  resource use and resource efficiency; (k) recycled content; (l) the possibility of remanufacturing; (m) recyclability; (n) the possibility of the recovery of materials; (o) environmental impacts, including carbon footprint and environmental footprint; (p) expected generation of waste».

(2) More specifically, point 2 states that «the requirements related to the digital product passport laid down in the delegated acts adopted pursuant to Article 4 shall, as appropriate for the product groups covered, specify the following: (a) the data to be included in the digital product passport pursuant to Annex III; (b) one or more data carriers to be used; (c) the layout in which the data carrier is to be presented and its positioning; (d) whether the digital product passport is to be established at model, batch or item level, and the definition of such levels; (e) the manner in which the digital product passport is to be made accessible to customers before they are bound by a contract for sale, hire or hire purchase, including in the event of distance selling; (f) the actors that are to have access to data in the digital product passport and to what data they are to have access; (g) the actors that are to create a digital product passport or update the data in a digital product passport and what data they may introduce or update; (h) the detailed arrangements for introducing or updating data; (i) the period during which the digital product passport is to remain available, which shall correspond to at least the expected lifetime of a specific product».

(3) And in particular: «(a) the number and weight of unsold consumer products discarded per year, differentiated per type or category of products; (b) the reasons for discarding products, and where applicable, the relevant derogation under Article 25(5); (c) the proportion of discarded products delivered, whether directly or through a third party, to undergo each of the following activities: preparing for reuse, including refurbishment and remanufacturing, recycling, other recovery including energy recovery, and disposal operations in accordance with the waste hierarchy as defined by Article 4 of Directive 2008/98/EC; (d) measures taken and measures planned for the purpose of preventing the destruction of unsold consumer products»

In fulfilling the provisions of Article 18 (4) of the Ecodesign Regulation, the Working Plan “Ecodesign for Sustainable Products and Energy Labelling” was adopted on 16.4.2025 with a Communication of the European Commission. Therefore, the main goal of the Plan is to strike a balance between the potential positive effects of the Ecodesign Regulation on the environment, its ability to produce tangible results, and the need to simplify regulatory obligations

Indeed, several provisions of the ESPR expressly require the Commission, when setting ecodesign standards through delegated acts, to avoid imposing disproportionate administrative burdens on companies, especially small and medium-sized enterprises (SMEs).

With specific reference to the scope of the Ecodesign Regulation, the Commission’s selection of priority products operated through the Plan was based not only on technical analysis, including an extensive consultation phase involving all stakeholders – including Member states – but also on public consultation activities with authorities, scientific researchers, academic organizations, scientific societies and associations, and standardization bodies, both within and outside the EU.

As a result of the preparatory processes and consultations regarding the Plan, (i) four final products, (ii) two intermediate products, and (iii) two legal acts establishing horizontal requirements were identified.

As first among the priority products, the Commission has listed those in the “textiles/apparel” category. Said products, which have also been monitored and analyzed the most by stakeholders and the Joint Research Centre’s (JRC) “Ecodesign for Sustainable Products Regulation: Study on new product priorities”, are listed as first in the Table in Section 2.2.1. of the Plan, where the Commission specifies a very «high potential to improve product lifetime extension, material efficiency and to reduce impacts on water, waste generation, climate change and energy consumption. Information requirements under the ESPR will work in synergy with the Textile Labelling Regulation, currently under review» (5).

It is worth noting, however, that the Plan, which will have to be updated over the next few years, focuses on establishing the timeline for the approval of measures for the definition of ecodesign requirements, to which it recognizes primary importance, moving to the background, for now, the scheduling of measures for the adoption of the regulatory framework for digital product passports and mandatory disclosure of unsold goods.

(4) Which in Section 5 states that «in the first working plan, which shall be adopted by 19 April 2025, the Commission shall prioritise the following product groups: (a) iron and steel; (b) aluminium; (c) textiles, in particular garments and footwear; (d) furniture, including mattresses; (e) tyres; (f) detergents; (g) paints; (h) lubricants; (i) chemicals; (j) energy related products for which ecodesign requirements are to be set for the first time or for which existing measures adopted pursuant to Directive 2009/125/EC are to be reviewed under this Regulation; and (k) information and communication technology products and other electronics».

(5) Thus, expressly paragraph 2.2.1. of the Plan.

The adoption of the Plan certainly represents a turning point for the entire fashion & luxury sector, particularly for companies involved in the production, distribution and marketing of garments, footwear and accessories. More specifically, it confirms the absolute priority given to the “textiles/apparel” category, as specified in the Plan, and is a key sign of the definition of the possible timeline for the adoption of implementing measures. Operational impacts that the new provisions could have on the sector include:

1. compliance with new ecodesign requirements. Fashion companies, as one of the first sectors involved, will in fact be called upon to review their production processes in light of future delegated acts that will establish mandatory criteria on durability, reparability, recycled content, and efficient use of resources and raw materials. Particular attention will also be paid to extending the life cycle of products, with consequent implications for design, materials and finishes;
2. involvement in preventing the destruction of unsold goods. Although the Plan does not immediately call for an explicit ban on the destruction of unsold products, traders are already required to collect and report data on this issue. Businesses in the sector will therefore be required to have appropriate information and logistics systems in place to ensure sustainable management of stocks, also for future reporting obligations;
3. strengthening the traceability and transparency of the supply chain. with the introduction of the digital product passport. Although not yet prioritized in the Plan, this will be a crucial tool for strengthening consumer confidence and ensuring regulatory compliance in the European market, which will entail the obligation to collect and make accessible timely and verifiable information in relation to each stage of the product life cycle, fro.m the origin of materials to the manner of disposal;
4. the impact on SMEs. Their active involvement – determined by the inclusion of intermediate products in the scope of the ESPR – could have the effect of requiring quick adjustment and support in the development of regulatory compliance issues and technological investments. However, the Commission has specified its intention to take proportionate measures and technical support to avoid excessive administrative burdens on them.

The inclusion of textile products among the Plan’s priorities confirms the centrality of fashion & luxury issues in Europe’s green transition path. The companies that are most responsive in seizing the opportunities offered by the new regulatory framework – in terms of assessment of prior compliance status, adoption of improvement plans, sustainable innovation, ecodesign, traceability and reduction of environmental impact – could ideally gain a substantial competitive advantage, not only in the domestic market, but also towards non-EU trading partners.