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Keeping you in-the-know on environmental, social and governance developments

The European Council and Parliament reached a provisional agreement on the EU’s new ecodesign regulation. The new directive will replace existing legislation from 2009 and allows the EU to set performance and disclosure requirements for all goods on the EU market (except vehicles which are governed by a separate directive). The European Council stated in their press release announcing the provisional agreement:

“The new proposal, presented by the Commission on 30th March 2022, builds on the existing Ecodesign Directive, but propose new requirements such as product durability, reusability, upgradability, and reparability, presence of substances that inhibit circularity; energy and resource efficiency; recycled content, remanufacturing, and recycling; carbon and environmental footprints and information requirements, including a Digital Product Passport”

To combat the environmental harms of the fast fashion industry, the directive would ban the destruction of unsold textiles and footwear with an exemption for small and micro companies. The directive will also empower the Commission to use delegated acts to introduce new standards for product design on an as-needed basis. It will be left to member states to determine penalties to apply to companies violating the directive. This adds another piece to the EU’s Green Deal aimed at consumer products alongside the Green Claims Act and the Unfair Commercial Practices Directive.

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The Editor

Zachary Barlow is a licensed attorney. He earned his JD from the University of Mississippi and has a bachelor’s in Public Policy Leadership. He practiced law at a mid-size firm and handled a wide variety of cases. During this time he assisted in overseeing compliance of a public entity and litigated contract disputes, gaining experience both in and outside of the courtroom. Zachary currently assists the editorial team by providing research and creating content on a spectrum of ESG… View Profile