Daily Newsletter

25 April 2024

Daily Newsletter

25 April 2024

FESI backs ESPR but conscious of regulation banning unsold stock

While the Federation of the European Sporting Goods Industry (FESI) has welcomed the European Parliament's approval of the revised Ecodesign for Sustainable Product Regulation (ESPR), it expressed concerns about plans to ban the destruction of unsold goods, particularly in relation to goods that infringe intellectual property rights.

Shemona Safaya April 25 2024

FESI believes the European Parliament's revised ESPR is a step forward to improve "circularity and sustainability of products" available on the EU market.

It said the proposal of ESPR is set to replace the current EU Ecodesign directive and extends the Ecodesign requirements to include new product groups, such as textile goods, using sector-specific delegated acts to tailor regulations according to the unique requirements of each product category.

However, FESI also expressed concern about certain provisions within the proposed regulation, particularly linked to the "ban on the destruction of unsold goods."

FESI said: "While we acknowledge the necessity of minimising the destruction of saleable goods, the current scope leaves economic operators with uncertainty regarding certain types of goods that infringe intellectual property rights."

FESI shared it is therefore advocating for "targeted derogations and legal clarity" for products such as counterfeits and those that cannot be sold due to legal limitation, to avoid unintended consequences and potential misalignment with other EU legislations.

Focusing on sporting goods, FESI emphasised the need to recognise the difference between leisurewear and high-performance sportswear in shaping future ecodesign requirements, ensuring that both categories can thrive sustainably.

Additionally, FESI pointed out if the goal is to boost textile-to-textile recycling in the EU, recycling should not be classified as "destruction." It called for "clear differentiation" to foster a conducive environment for sustainable practices across the sporting goods industry.

Jérôme Pero, FESI secretary general, views the adoption of the Ecodesign for Sustainable Product Regulation as a landmark achievement in the collective efforts to build a more sustainable European economy.

Pero said: "FESI remains committed to collaborating with policymakers and stakeholders to ensure that this Regulation facilitates sustainable innovation while addressing industry-specific needs and challenges."

FESI further underscored its commitment to engaging constructively with policymakers and stakeholders to address the remaining concerns and upcoming development of sector-specific delegated act while advancing sustainability objectives within the European sporting goods industry.

Following the vote in Parliament, the ESPR now only needs to be approved by the Member States during a Council meeting set to take place at the end of May 2024.

In January, FESI praised the European Parliament’s proactive efforts in addressing key issues for the sporting goods sector, including the application of existing EU IP laws to virtual worlds, the distinction between AI-assisted and AI-generated creations, and the recommendation for effective identity management systems.

At the time, FESI expressed hope for concrete actions in the upcoming political mandate, stressing the need for clear EU leadership in international digital policy and legal certainty for EU businesses in the field.

In a recent update shared by the European Parliament amidst a flurry of approvals for waste reduction and climate conscious directives, the latest "right to repair" directive mandates manufacturers to repair goods and promote extending a product's lifecycle through repairs.

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