171の質問項目

2024年09月27日、欧州委員会よりエコデザイン規則（ESPR）に関するよくある質問と回答（FAQ）資料についての報道が公表されました。

概要

■　FAQ文書では、本規則の適用範囲から特定の製品カテゴリー、デジタル製品パスポート、エコデザインフォーラム、実施スケジュールに至るまで、幅広いトピックを取り上げています。

質問項目紹介（原文）

1. Scope of the ESPR

1.1. General Scope
1. What does ‘placed on the market’ or ‘put into service’ mean? Does it refer to products sold on the EU market or to customs clearance of products within the EU? Does the ESPR apply to products that are already on the EU market?
2. Does the term ‘consumer products’ include products intended for private users, professional users, or both?
3. Will the ESPR set specific requirements for products, such as recycled content percentages and recycling rate requirements?

1.2. Spare Parts and Components
4. Are spare parts included in the ESPR? How does the ESPR apply to components that have multiple applications, some within scope and some out of scope, such as a part that could be used in both an e-bike and a vehicle?
5. Are reused and remanufactured parts included in the ESPR?

1.3. Vehicles and Mobile Machinery (and components/(spare)parts thereof)
6. Are batteries in electric vehicles and tractors included in the ESPR, or are they regulated separately?
7. Is the ESPR relevant to heavy industries B2B? How does the ESPR affect the automotive sector and vehicle-related regulations, especially concerning the scope of vehicles, vehicle parts, mobile machinery, and batteries?

1.4. Miscellaneous Product Categories
8. Does the ESPR cover packaging?
9. Are industrial monitoring and control instruments included in ‘ICT products and other electronics’?
10. Do medical devices also need to comply with the ESPR and the DPP?
11. Are energy-related products in scope?

1.5. Product Parameters in scope

2. ESPR Interplay with Other Regulations

12. Which parameters are addressed/included in ESPR? Is there scope to include social aspects (human rights, working conditions)?
13. On what points concerning packaging will the ESPR complement the PPWR?
14. How does the ESPR strengthen the repair of products? How does it relate to the Right to Repair?
15. How will you ensure coherence of parallel product regulations (for vehicles, construction materials, toys, etc.) with the ESPR in terms of requirements?
16. What will be the relation between ESPR and CBAM, if any?
17. Is there a link between ESPR and CSRD?
18. What will be the relation between the ESPR and the EU Ecolabel? What criteria are applicable to MS incentives?

3. ESPR Timeline and Application

19. What is the timeline for ESPR approval, publication, entry into force and application in member states?
20. What other legal obligations arise from the ESPR text, for example related to the publication of the working plan or the adoption of delegated or implementing acts?
21. When will ESPR product-specific or horizontal measures be developed and become applicable?
22. Could certain product-specific or horizontal measures apply sooner (or later) than 18 months after the adoption of delegated acts laying out the respective ecodesign requirements?

4. Ecodesign Forum incl. Member State Expert Group

4.1. Establishment & Membership
23. What is the Ecodesign Forum?
24. Who can join the Ecodesign Forum, and how can they apply for membership? .
25. What will the membership criteria be and how will members be selected?
26. When and where will the call for applications for membership of the Ecodesign Forum be published?
27. Will individual companies/industry representatives be eligible to be members, or must they join via professional associations?
28. Will stakeholders be able to join the Ecodesign Forum at a later stage, depending on the product categories for which requirements are being considered/developed?
29. Can SMEs be part of the Ecodesign Forum and if so who should they contact?
30. Do members of the Ecodesign Forum need to be EU-based?
31. Will service providers (e.g. for the DPP) be allowed to join the Ecodesign Forum?
32. Will there be only one Ecodesign Forum or will there be product-specific sub-groups?
33. How will the Commission ensure that the perspectives of all those affected across the supply chain (including outside the EU) are heard in the Ecodesign forum?
34. Will the Ecodesign Forum be consulted during the development of preliminary studies & impact assessments, or only at a later stage?

4.2. Member States Expert Group
35. What is the status of the Member States Expert Group and what will its role be?
36. How will the Commission handle a situation when the Ecodesign Forum and the Member States Expert Group have different opinions?

4.3. Transition between the Consultation Forum and the Ecodesign Forum
37. What will happen to the Consultation Forum established under the current Ecodesign Directive 2009/125/EC, once the Ecodesign Forum is in place?
38. How will work on energy labelling be divided between the Consultation Forum and the Ecodesign Forum during the transitional period?

5. Digital Product Passport (DPP)

5.1. General questions on DPP – timeline, scope and content
39. What is the timeline for the introduction of the DPP?
40. Will all products need a DPP?
41. Will there be an obligation for third party certification or a conformity assessment on the information disclosed in the DPP?
42. Who will define the DPP-content, the data that should be included in the DPP?
43. Will the DPP-content be consulted with relevant stakeholders?
44. Is the DPP part of the ESPR or is there other legislation also mentioning it?
45. Does a DPP have to be updated when a new regulation comes into force, affecting that product type?
46. Will information on substances of concern present in a product need to be included in the DPP of this product? Would substances of concern and their mixtures require to have a DPP themselves, in addition to labels required under the CLP Regulation?
47. For product-specific Ecodesign regulations now under revision, will the ESPR product passport requirement only be applicable after the following next revision (5 years later)?

5.2. DPP technical aspects
48. Who will define the DPP-system, i.e. the technical infrastructure allowing the DPP to work?
49. Will the Commission develop a template for the DPP or will companies need to develop their own system (possibly in cooperation with service providers)?
50. What will be the environmental impacts of the DPP? Can we guarantee that the presence of a DPP itself will not have undesirable environmental impacts linked for instance to data duplication and storage in data centers?
51. Is there any specific technology for “decentralised approach for data storage”, e.g. blockchain, that is considered to become a standard?
52. Is there any certainty around the data carrier for the DPP? Would a QR code be sufficient? Are NFC chips considered?
53. What is the CIRPASS and CIRPASS-2 project?

5.3. DPP Value chain aspects and complex products
54. How does the DPP fit within the remanufacturing or refurbishment processes? Will a remanufactured or refurbished product keep its original DPP or will it have a new one with a link to the previous DPP?
55. How are upstream operators supposed to provide data for a DPP that is required for a downstream product, when a DPP is not yet required for upstream pre-products? How will the Commission ensure that supply chain actors provide relevant DPP information tomanufacturers (Art. 31a)? Will this also apply to suppliers from third countries?
56. Should a complex product have one DPP, or several, for each of its components? For example, would its battery passport be separate from a passport for the whole product?

5.4. DPP Compliance and Enforcement
57. Are there plans to monitor the product passports centrally to ensure that the Regulation is complied with and that there are no duplicate product passports? How will the Commission verify the accuracy & reliability of the data entered by manufacturers?
58. What penalties will be imposed on manufacturers who fail to maintain accurate and up-to-date DPP information?
59. Will products from outside of the EU also need a product passport? What obligations will online marketplaces from outside of the EU have in this respect? .
60. Will the DPP enable consumers to compare two products from the same product category but from different brands – for example on an environmental LCA result?
61. How will the Commission ensure that the decentralised approach for DPP data storage does not lead to inconsistencies in data access and quality across different Member States?\

6. Energy Label and ‘Old’ Ecodesign

62. For Ecodesign regulations that are under revision up to 2026, e.g. for solid fuel local space heaters, will ESPR have any impact on them? If so, when?
63. Will a DPP also be required for energy related products, which already have EPREL?
64. Regarding products already in EPREL database, do companies continue to use EPREL? Or need to switch to DPP?
65. What does the ESPR mean for products regulated under the previous Ecodesign Directive 2009/125 that will only transition to ESPR after the end of 2026? What will change for these products?

7. Working plan and preparation of delegated acts

7.1. Working plan and product prioritisation
66. How will products be prioritised for the working plans and what is the role of Art 18 and the JRC report?
67. When will the working plan be published and how many products/ which products and horizontal measures will be included? Is there the option to add/delete products compared to the legal text?

7.2. Preparation of delegated acts (general)
68. For products mentioned in Article 18 ESPR or shortlisted in the JRC report – how did you take existing legislation covering these into account?
69. How will ecodesign requirements for product groups be developed? How will it be assessed which criteria/requirements (e.g. recycled or renewable content, PEF, durability, reparability) apply to which products?
70. Will there be product specific impact assessments for delegated acts?
71. Can we expect specific guidelines to be published alongside the delegated acts?
72. Can the exceptions effectively be included in ESPR delegated acts, for aspects not regulated in other laws?
73. How do you plan to engage with stakeholders, especially the ones impacted by the first working plan?
74. What can industry do to prepare for the ESPR while there are still so many open questions until the product specific delegated acts come out?
75. Could there be horizontal measures introduced beyond the product groups presented in the working plan?
76. Would horizontal requirements to be defined in the working plan be applicable to several product categories but not all?

7.3. Preparation of delegated acts (specific product groups or aspects)
77. How are biobased products affected by the ESPR?
78. What will the scope of the work on textiles be?
79. When do you expect the development of the delegated act on furniture and the application to furniture products?
80. To which extent will novel and low-carbon technologies or feedstocks such as renewable energy, hydrogen or bio-based feedstock be affected or considered under the ESPR?

7.4. Delegated acts on intermediate products
81. How will the requirements for intermediate products affect economic operators (downstream) purchasing and using such intermediates/ components in their final product? Who will be responsible for meeting requirements – the final producer of the finished good or the supplier(s) of the intermediate(s)/component(s)?
82. How will intermediate products be assessed: on a life-cycle basis, or only until being placed on the market (e.g. cradle to gate)? How will you define the scope/boundaries?
83.What if ecodesign criteria for an intermediate product are not yet available before the criteria for the final product are started/discussed/finalised?

7.5. Product Prioritisation report of the JRC
84. When will the final version of the preliminary JRC study on ESPR product priorities be available?
85.What prioritisation criteria were applied by the JRC in its report?

8. Methodology for Ecodesign of Energy-related Products (MEErP) and ESPR methodology, including Product Environmental Footprint (PEF)

86. Did you further develop the methodology to define performance/information requirements? Is there a methodology to rank them?
87. Will a methodology be defined to calculate aspects such as durability, recyclability or reparability of products or will existing standards be used (e.g. EN45554)? Can standardisation be involved in preparing delegated acts to be able to prepare standard where needed in a timely manner? Is there a link between the coming ISO 590XX standards on circular economy and the ESPR?
88. Will the performance requirements or information requirements require performing a life cycle assessment or calculating a product carbon footprint?
89. How will the ecodesign requirements align with the work already done on the Product Environmental Footprint (PEF) method?
90. What methods will be used for life cycle assessment? Will there be improvements to the Product Environmental Footprint (PEF) method? How far is the validity and the availability of environmental footprint datasets taken into account when using the PEF, prticularly the validity of the product environmental footprint category rules (PEFCRs)? How will PEFCR and CEN methods (prepared by different teams) e.g. for durability, design for recyclability etc., be used in the ESPR? What will the calculation rules for reporting carbon footprint be (e.g. ISO, industry’s standard)?
91. Are there any thoughts how performance requirements will be defined for intermediate products such as chemicals?
92. How will the ecodesign requirements align with the eco-modulation for the Extended Producer Responsibility (EPR)?
93. Will a testing methodology standard be defined to measure recycled plastic content in products and packaging?

9. Self-Regulation

94. Self-regulation measures violate anti-trust regulations.
95. Products covered by a delegated act must have a digital product passport. What about products that are covered by a self-regulation measure? Can they also use the digital product passport?
96. How much time will the Commission need to verify the self-regulation measures?
97. Will a self-regulation measure be possible for products falling under the scope of a horizontal delegated act?
98. Does the requirement of 80%-market share for economic operators to submit a self-regulation measure refer to Member State or EU level? ….. 51 99. Can self-regulation measures be submitted for products covered by the working plan?
100. Can companies apply for self-regulation measures before the first working plan or should they wait for the publication of the working plan in early 2025?
101. Where can one find information on whether a self-regulation measure has been developed or is in the process of being developed and by whom? .
102. Will self-regulation measures be subject to Member State market surveillance?

10. Substances of Concern

103. What is the definition of “substance of concern” in ESPR?
104. Do requirements on substances of concern apply to all products immediately? If not, when will they apply?
105. Is a substance considered a SoC if it meets at least one of the four defined criteria (a, b, c, d) or does it have to meet several/all?
106. If a substance is subject to some obligations under another legislation, will requirements under the ESPR replace those obligations?
107. Will there be thresholds and exemptions possible for requirements on substances of concern? Will they be the same for all products? How will they be defined? Will they take into account impacts on recycling?
108. How will substances negatively affecting reuse or recycling be defined (part d of the definition)? Will they be the same for all products?
109. What could be possible examples of substances “negatively affecting the reuse and recycling of materials in the product in which it is present”?
110. Is there going to be a central, up-to-date list of substances of concern?
111. How many substances of concern would currently fall under the definition?
112. When new substances fall under the definition (for instance because they were added to a hazard class under CLP), will there be some kind of grace period before they need to comply with all requirements?
113. The definition is quite broad and includes many substances present in products we use every day. Will there be a ban on all those substances of concern in products?
114. What was the logic behind the CLP hazard classes and categories selected (part b of the definition)?
115. Will information on all substances of concern present in a product be included in the digital product passport?
116. What kind of information on substances of concern will be included in the digital product passport? Will this information be accessible to everybody?
117. Will consumers see the levels of all substances of concern present in a given product? Or will there be a “score” or a “label”, similar to the energy label, which would inform consumers on the amount and risks associated with substances of concern in a poduct?
118. Will the chemical substances and mixtures themselves need to have a digital product passport if they meet one or more of the “substance of concern” criteria in ESPR?
119. Will there be any requirements on the use of substances of concern during the production process or in intermediate products, if they are not present in the final product?
120. What is the interaction between the ESPR and chemical safety policy (i.e REACH)? What does “restrictions should not PRIMARILY be based on chemical safety reasons” mean?
121. What are the links with the SCIP database? Will information requirements on substances of concern in the ESPR be the same as those required in SCIP? Could the same platform for declaration be used?
122. How will economic operators be able to get information on substances of concern in the supply chain? Is there regulation requiring that information to be disclosed?
123. How will different product aspects be ranked? Sometimes presence of substances of concern could lead to higher durability for instance, with limited consumer risks? .
124. Definitions of “substances of concern” currently exist in different legislation (CSRD, Taxonomy, PPP, ESPR). They are similar, but not exactly the same. Is any harmonisation foreseen?
125. What will be the transition times for new harmonized classifications to disclose in the DPP/tracking of SoC? (from date of ATP publication? after 18month implementation period?)

11. Provisions on unsold consumer products 126. If a product is to be sold outside the EU, do the ESPR provisions on unsold consumer products apply? .

127. Do free samples and testers fall under the definition of unsold consumer products?
128. Article 24 requests disclosure during the first financial year. If the ESPR enters into force in July 2024, how do you define the first financial year?
129. Does the definition of destruction include recycling of products?
130. How will the reporting obligation work regarding company structures? Can a report for the whole group of companies be included on the website?
131. At what point in the manufacturing process can a product be considered an “unsold consumer product”?
132. Would products that have been on the market too long but are still available for purchase by consumer count as “unsold consumer products”?
133. ESPR does not provide a definition of “discarding”. What does this definition include?
134. When will the measures related to the destruction of unsold consumer products be applicable?

12. ESPR Label and classes of performance

135. Will there be any kind of labels that indicate whether the product is compliant with the ESPR?
136. Will products be banned when the ESPR is implemented or do least performing only get poor scores?
137. Regarding the ratings, will all the different sustainability requirements be matched into one grade, or will there be several?

13. Green Public Procurement (GPP)

138. Will green public procurement requirements be developed alongside delegated acts setting ecodesign requirements or afterwards?
139. Will the GPP requirements be related to standardization in any way?
140. When can we expect GPP implementing acts to be adopted? Will there be a working plan for which products GPP implementing acts will first be adopted?
141. How will ESPR work with other acts dealing with green public procurement (CPR, NZIA, EED, etc.)?
142. With regard to Art. 65(3), subparagraph 5, is compliance with the implementing acts enough to consider the targets achieved?

14. Guidance, funding, SMEs & competitiveness

143. Will the Commission offer guidance documents, training sessions, or workshops tailored for manufacturers on ESPR compliance?
144. Will the Commission offer technical or financial support to SMEs and Member States for ESPR implementation?
145. Will there be a structured dialogue between the Commission and SMEs to make sure that the product rules are designed in a way that SMEs need as little support as possible?
146. How do you plan to provide financial support to SMEs‘ participation in Forum?
147. How do we keep the competitiveness of companies while requiring companies to submit data that will be publicly available? How will you monitor the effects of the ESPR on SMEs competitiveness?
148. How is likely product price increase factored into the equation, bearing in mind the costs related to compliance? Is industry expected to bear these costs? .
149. Where can we find the LCA tool provided free of charge by the Commission?
150. How will the Commission prevent excessive administrative burden for companies, in particular SMEs, under ESPR? Will there be flanking measures to alleviate this burden?

15. Online Marketplaces

151. What roles and responsibilities should marketplaces have in complying with the ESPR requirements (such as DPP, market surveillance, and destruction of unsold products), and how is it ensured that goods sold to consumers through e-commerce from outside th European Union meet these requirements?

16. Transition / Application

152. What will change for transitional products after 2026 under the ESPR? Will the DPP and information requirements (e.g. relating to substances of concern) apply? Will new delegated acts be adopted?
153. How will the transition periods apply to an SME that manufactures final products as a toll manufacturer for large companies who place products on EU market? .
154. For products under the transitional regime, could additional requirements coming from the ESPR apply to these product (e.g. DPP)?

17. Enforcement & Market surveillance

155. How will enforcement be monitored? For example, is there a database/platform? What specific criteria will be used to assess the effectiveness of the established surveillance mechanisms, and how transparent will this assessment process be? How will the Commission address potential inconsistencies in enforcement standards and practices across different Member States?
156. How will the Commission ensure that all Member States are held accountable to the same standards of enforcement?
157. What mechanisms will be in place for manufacturers and stakeholders in the EU to report non-compliance or inadequate enforcement by Member States?
158. How will the Commission handle reports from manufacturers regarding non-compliance by Member States, and what actions will be taken in response to such reports?
159. Will there be any independent audits or third-party assessments to verify the enforcement activities of Member States?
160. How will it be ensured that market surveillance and customs authorities have enough resources for additional controls?
161. How will Member States enforce reparability and durability including availability of spare parts provided by third parties (EU/non-EU)? How will the Commission ensure that all Member States consistently enforce ecodesign criteria?
162. How will it be ensured that goods sold to consumers through e-commerce from outside the European Union meet the ESPR-requirements?
163. Will the Commission set up a new administrative cooperation group (‘ADCO’) under the Market Surveillance Regulation for the ESPR?
164. Who carries out market surveillance? Which government offices are responsible for ESPR in each Member State? Where can this information be found?

18. Verification & Conformity

165. What will be the procedures for conformity assessment and the requirements for the conformity assessment bodies to monitor these?
166. In which way will certification bodies will be involved in ESPR?
167. Will the Notified Bodies participating in the process of conformity assessment for the ESPR particularly be appointed for the ESPR, or in terms of product groups?

19. International & Trade 168. How will the ESPR affect economic operators in third countries?

169. Will any additional import procedures apply under the ESPR?
170. Will the ESPR apply in Northern Ireland?
171. Do you envisage support to non-EU countries?

参考情報

■　ESPR FAQs

エコデザイン規則　目次

第1章 一般規定
第1条 主題と適用範囲
第2条 定義
第3条 自由な移動

第2章 エコデザイン要件
第4条 委任法を採択する権限の付与
第5条 エコデザイン要件
第6条 性能要件
第7条 情報要件
第8条 委任法の内容

第3章 デジタル製品パスポート
第9条 デジタル製品パスポート
第10条 デジタル製品パスポートの要件
第11条 デジタル製品パスポートの技術的設計および運用
第12条 固有識別子
第13条 デジタル製品パスポート登録簿
第14条 デジタル製品パスポートのデータ用ウェブポータル
第15条 デジタル製品パスポートに関する税関管理

第4章 ラベル
第16条 ラベル
第17条 ラベルの模倣

第5章 優先順位付け、計画作成および協議
第18条 優先順位付けと計画作成
第19条 エコデザイン・フォーラム
第20条 加盟国専門家グループ
第21条 自主規制措置
第22条 小規模および中規模企業

第6章 売れ残った消費者製品の破壊
第23条 破壊防止の一般原則
第24条 売れ残った消費者製品に関する情報の開示
第25条 売れ残った消費者製品の破壊
第26条 売れ残った消費者製品の破壊に関する統合情報

第7章 経済事業者の義務
第27条 製造者の義務
第28条 認定代理人
第29条 輸入者の義務
第30条 流通業者の義務
第31条 販売業者の義務
第32条 ラベルに関する義務
第33条 フルフィルメント・サービスプロバイダーの義務
第34条 製造者の義務が輸入者および流通業者に適用される場合
第35条 オンライン・マーケットプレイスおよびオンライン検索エンジンのプロバイダーの義務
第36条 経済事業者の情報義務
第37条 経済事業者の監視と報告義務
第38条 サプライチェーン関係者に対する要件

第8章 製品の適合性
第39条 試験、測定及び計算方法
第40条 迂回および性能悪化の防止
第41条 適合性の推定
第42条 共通仕様
第43条 適合性評価
第44条 EU適合宣言
第45条 CEマーキングの一般原則
第46条 CEマーキングの貼り付けに関する規程および条件
第47条 マーキングに関する特別規程

第9章 適合性評価機関の届出
第48条 届出
第49条 届出当局
第50条 届出当局に関連する要件
第51条 届出当局に関する情報義務
第52条 届出機関に関連する要件
第53条 適合性評価機関の適合性の前提条件
第54条 届出機関の子会社および届出機関による請負事業
第55条 届出の申請
第56条 届出手続き
第57条 届出機関の識別番号およびリスト
第58条 届出の変更
第59条 届出機関の能力の確認
第60条 届出機関の業務上の義務
第61条 届出機関に関する情報義務
第62条 知見の交換
第63条 届出機関の調整

第10章 インセンティブ
第64条 加盟国のインセンティブ
第65条 グリーン公共調達

第11章 市場監視
第66条 計画的な市場監視活動
第67条 報告とベンチマーキング
第68条 市場監視の調整および支援

第12章 セーフガード手続き
第69条 国家レベルでリスクを呈する製品に対処するための手順
第70条 EUセーフガード手続き
第71条 形式的な不遵守事項

第13章 委任権限および専門委員会手続き
第72条 委任の行使
第73条 専門委員会手続き

第14章 最終規定
第74条 罰則
第75条 モニタリングと評価
第76条 消費者の救済
第77条 指令(EU) 2020/1828の改正
第78条 規則(EU) 2023/1542の改正
第79条 廃止および移行規定
第80条 発効

（注釈）

附属書1 製品パラメーター
附属書2 性能要件を規定するための手順
附属書3 デジタル製品パスポート
附属書4 内部生産管理（モジュールA）
附属書5 EU適合宣言
附属書6 自主規制措置に関する基準
附属書7 経済事業者による破壊が禁止されている消費者製品
附属書8 相関表