Sustainability Requirements for Products

New legal requirements for product sustainability are constantly emerging and changing. Our Planning & Environment team reviews the current status of various laws and steps taken by the EU to simplify compliance. This is a helpful overview for companies of the current status of legislative developments.

What you need to know

• Compliance with the EU Deforestation Regulation has been postponed to 31 December 2026 and simplified. Although it may be simplified further, applicable companies should continue to prepare for compliance.
• Compliance with due diligence obligations under the Batteries Regulation has been postponed to 18 August 2027, however other requirements are currently in force.
• Producers of electronics, textiles and other product groups should note new ecodesign requirements are being prepared under the Eco-Design for Sustainable Products Regulation.
• New rules for producers of packaging and packaging waste will apply under the Packaging and Packaging Waste Regulation from 12 August 2026.

The European Commission has been busy trying to reduce the regulatory burdens for sustainability of products allowed on the EU market. It has presented six simplification proposals, also referred to as 'omnibus packages', to the Council and the Parliament in 2025. These packages aim to:

• Simplify due diligence obligations
• Make sustainability reporting more accessible and easier to implement, and
• Reduce regulatory complexity for businesses

Some of the Regulations provided for in the omnibus packages include:

• EU Deforestation Regulation (EUDR)^[1]
• Batteries Regulation^[2]

The Commission has also set up the first working group to establish the first ecodesign requirements for products under the Eco-Design for Sustainable Products Regulation (ESPR)^[3]. New rules for producers of packaging and packaging waste will apply under the Packaging and Packaging Waste Regulation (PPWR)^[4] from 12 August 2026.

EUDR

Broadly, what does it require?

The EUDR requires certain products that contain one of seven prescribed commodities and sold in the EU or exported from the EU to be:

• Deforestation-free
• Produced in accordance with the relevant legislation of the country of production, and
• Covered by a due diligence statement

The products are primarily certain food & beverage, timber and rubber products. For further background, read EU Deforestation Regulation – what you need to know.

What is the current status?

A revision of the EUDR came into force on 23 December 2025. It simplified the implementation of existing rules. It also postponed their application by one year, to:

• 31 December 2026 for large operators, and
• 30 June 2027 for micro and small operators

This is to allow operators, traders and authorities more time to properly prepare.

Under the revision, the obligation and responsibility to submit the required due diligence statement will fall exclusively on operators who first place relevant commodities and relevant products on the EU market. Only the first downstream operator in the EU supply chain will be responsible for collecting and retaining the reference number of the initial due diligence statement. This means the reference number will not have to be passed further down the supply chain.

Micro and small primary operators will only have to submit a one-time simplified declaration. They will receive a declaration identifier that will suffice for traceability purposes.

In an effort to further reduce administrative burden, the co-legislators also agreed to remove certain printed products such as certain printed media from the scope of the EUDR. The view is that these products are considered to have a reduced risk of being associated with deforestation.

What happens next?

The Commission must carry a simplification review by 30 April 2026. Based on that review, a report must be submitted to the Parliament and the Council. This may be accompanied by a legislative proposal.

Batteries Regulation

Broadly, what does it require?

The Batteries Regulation aims to ensure that batteries on the EU market are sourced, manufactured and recycled in a sustainable manner. The Regulation sets out rules on the sustainability, performance, safety, collection, recycling and second life of batteries. Specific obligations currently apply and vary according to an operator’s role in the supply chain.

The Batteries Regulation also imposes stringent due diligence (DD) obligations on battery producers that place batteries, or put batteries into service, on the EU market. Producers are obliged to:

• Implement due diligence policies
• Have the policies verified and periodically audited by a third-party verification body, and
• Publicly report on their due diligence practices to prevent or reduce batteries’ adverse impacts on the environment, including their waste management

Further information on the obligations, read our article EU Adopts New Batteries Regulation.

What is the current status?

The majority of the obligations are in force. Initially, the DD obligations were to apply to all operators having a turnover greater than €40 million. However, under the “Omnibus IV Package” that was agreed on 18 July 2025, the Commission increased this threshold limit to €150 million. This increase was to exempt “small mid cap” companies from the scope of these obligations.

The omnibus package also postponed the implementation of the obligations by two years, until 18 August 2027. This gives producers, manufacturers and exporters more time to comply with these DD obligations. It also provides more time to establish third-party verification bodies, as this process has previously encountered problems with the authorisation process.

What happens next?

The Commission is required to publish DD guidelines one year before the obligations take effect. This is to give timely guidance to businesses and to help ensure a smoother implementation of the new rules.

Businesses subject to the DD obligations should look out for the Commission’s guidance. Although the omnibus package gives businesses significantly more time to comply, the DD requirements can be onerous and preparation for compliance should start now.

PPWR

The PPWR came into force on 11 February 2025. It sets out new rules for sustainability of all types of packaging and packaging waste. They apply to the entire life cycle of packaging, from manufacture through to disposal.

Similar to the advisable approach in the context of the Batteries Regulation, businesses should identify their role in the supply chain and whether they are placing packaging or packaged products on the EU market. This is because the obligations vary accordingly. For example, EU manufacturers and importers are prohibited from placing packaging on the market which does not conform with the PPWR. EU importers must verify that manufacturers have complied with design and labelling obligations. Some key manufacturer obligations, subject to certain exemptions, include:

• Limiting harmful substances in packaging, particularly food packaging
• Recyclability and recycled content requirements
• Packaging minimisation
• Labelling, and
• Conformity assessments

Please see further articles for manufacturers, and for importers and distributors.

What is the current status?

The PPWR is long, detailed and complex. Its obligations apply from 12 August 2026. Obligations will come into effect on a phased basis from that date. This gives businesses some time to comply with their obligations and make any necessary to changes to their packaging and supply chains.

What happens next?

Manufacturers should take immediate steps to familiarise themselves and ensure appropriate procedures are put in place to comply with the PPWR. Importers and distributors should start getting their operations and supply chain ready for compliance now. Cooperation in the supply chain and comprehensive, accurate data collection will be critical to successfully achieving compliance.

ESPR

Broadly what does it required?

The ESPR entered into force on 18 July 2024. The ESPR is part of a package of measures that are central to achieving the aims of the EU’s 2020 Circular Economy Action Plan. It aims to significantly improve the sustainability of products placed on the EU market by improving their circularity, energy performance, recyclability and durability.

The ESPR does not prescribe rules for specific products. Rather, it is a framework for setting ecodesign requirements on specific product groups, covering virtually all physical products. There are only a few exceptions, eg, food and medicinal products. Rules, known as ‘ecodesign requirements’ for specific product groups will be established by the Commission on a phased basis.

Further information on the Regulation, read our article Sustainability Requirements for Products under New Ecodesign Regulation.

What is the current status?

The Commission published its first ESPR working plan on 16 April 2025. The working plan covers the products for which new ecodesign requirements will be established during the first phase period 2025 – 2030. The product groups expected to be the primary focus of the first phase include:

• Information & communication technology (ICT) and other electronics
• Chemicals
• Energy-related products
• Iron and steel
• Aluminium
• Textiles
• Furniture
• Tyres

Some of these product groups, such as ICT and other electronics, are likely to be subject to “horizontal requirements” rather than product specific ecodesign requirements. Horizontal requirements are a broader type of ecodesign requirement that apply to a wide range of products with similar characteristics.

What happens next?

The Commission recognises that the establishment of ecodesign requirements can impact international trade as all goods placed on the EU market, including imports, will have to meet the new requirements. For this reason, the Commission will carry out preparatory studies and impact assessments, aimed at ensuring a proportionate, systematic and high-quality assessment of international dimensions so that the impact on third country operators is understood.

Comment

Following the introduction of a large amount of sustainability rules, the EU has taken significant steps to simplify some of these rules. Although the EU aims to reduce regulatory complexity, the changes do make it difficult for businesses to stay abreast of legal developments. Businesses should continue to identify the obligations they are subject to and prepare for compliance.

For more information on the impact these requirements could have on your business, please contact a member of our Planning & Environment team.

The content of this article is provided for information purposes only and does not constitute legal or other advice.

[1] Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010

[2] Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC

[3] Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 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

[4] Regulation (EU) 2025/40 of the European Parliament and of the Council of 19 December 2024 on packaging and packaging waste, amending Regulation (EU) 2019/1020 and Directive (EU) 2019/904, and repealing Directive 94/62/EC