The European Parliament elections took place last month, and although there was a general trend towards the right of the political spectrum, it seems likely that the EU will want to continue with its programme of environmental law reform.  However, it might be that the approach of the new parliament is different to its predecessor. Consequently, it seems like a good time to take stock of the latest developments regarding environmental legislation and see where we are.

Green Claims Directive

The Council of the EU agreed its general approach in June 2024. When the new parliament meets following the elections, the institutions are expected to start informal trialogue negotiations to reach agreement on the final text. The Directive aims to address greenwashing and help consumers make greener decisions when buying a product or using a service.

Ecodesign Regulation

The Ecodesign Regulation was published in the Official Journal on 28 June 2024. It affects a wide variety of products (except for cars or defence and security related products). It will introduce new requirements, such as product durability, reusability, upgradability and reparability, rules on the 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. It will apply from July 2026.

Corporate Sustainability Directive

In February 2024, the Council of the EU failed to achieve a majority required to endorse the provisionally agreed version of the Directive. However, in May, it agreed a watered down version and the Directive was published in the Official Journal in early July 2024.  It introduces obligations for large companies regarding the impacts of their activities on human rights and environmental protection. The rules concern not only the companies’ operations, but also the activities of their subsidiaries, and those of their business partners along the supply chain. Its application will be staggered from 26 July 2027.

Right to Repair Directive

The Council of the EU formally adopted the Right to Repair Directive in May 2024. We now wait for it to be published in the Official Journal of the European Union and it will enter into force 20 days later. Once in force, member states have two years to transpose the Right to Repair Directive into national law before they must apply it. UK manufacturers should note that the Directive deals with who should carry out a repair if a an EU consumer purchases goods from a non-EU based manufacturer. The Directive states that the manufacturer's EU representative should carry out the repair, or the EU importer or distributor. UK manufacturers without an EU authorised representative need to think about appointing one, or making arrangements regarding repair with the organisations importing their products into, or distributing their products in, the EU.

With a new UK government on its way into Downing St, it will be interesting to see whether the UK follows suit with new green legislation.