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Last December, the so-called “trilogue” phase was passed – i.e. the dialogue between the three main European institutions: Commission, Council and Parliament – one of the rules which, in the context of the Green Deal and the European textile strategy aimed at reducing waste environmental impact, should have a more marked impact on the textile-fashion sector. The Ecodesign regulation (Espr), approved by the European Parliament in July 2023, aims to radically revolutionize the approach to the production (also) of textile products, clothing and accessories. By imposing on companies in the Made in Italy supply chain a series of significant changes in their activity: from the design of the garments to the end of life.
The regulation between objectives and timing
The law – which will have to be revoted by Parliament in one of the five remaining Plenaries before the conclusion of the legislature and then approved in the Council – was proposed by the Commission in March 2022 to replace the Ecodesign Directive currently in force (2009/125/ CE), but being a European regulation it will have to be applied by the 27 members of the Union as it is, under penalty of opening an infringement procedure, and therefore without a national declination of the rule as happens with directives. The text on which the three institutions reached an agreement at the beginning of December (which is however still provisional) has a medium-term horizon (to 2030) and has the aim of making products more durable (and therefore not only made with more resistant materials, but also easy to reuse, update, repair and recycle), to trace the supply chain as much as possible and prevent the uncontrolled disposal of production. «It’s time to put an end to the “take, produce, dispose” model that is so harmful to our planet, our health and our economy – said the rapporteur of the measure, the Italian MEP Alessandra Moretti -. Sustainable products will become the norm, allowing consumers to save energy, repair and make smart environmental choices when they shop. Banning the destruction of unsold textiles and footwear will also contribute to a change in the way fast fashion manufacturers produce their goods.”
The pillars: product durability, end of life, digital passport
In detail, among the pillars of the Espr there are the provision of a digital passport that identifies the product, traces its components and also the supply chain, allows the end customer to find useful information for maintaining the product in question (such as, for example, washing techniques) and for any repairs. It is a tool that companies have started to implement even before it became law (in this article we have recounted several cases: from large luxury brands such as Tod’s to start-ups with a sustainable soul such as Endelea). «The provision does not arise from nothing, but was also born from the discussion with the stakeholders – explains Ilaria Curti, partner of the law firm Portolano Cavallo -. Companies generally agreed on the digital passport, while they believed that the greatest difficulties are those linked to the eco-compatible design of the product and the management of the entire life cycle with attention to circularity”. Basically, in fact, garments and accessories (as well as refrigerators and televisions: the ESPR applies to all products) must be made with durable materials and in such a way that, once they reach the end of their life, they can be recycled or reused. «Products that are so different from each other – continues Curti – cannot have the same standards: there will be sub-regulations that will target individual sectors to decline the rule in a more specific way». For now, therefore, companies are not fully experiencing the change that will be imposed by Brussels: «At the moment they are experiencing the impact of sustainability on other fronts, for example that of measurement and communication, concludes Curti citing the pillars of two directives , the one on corporate sustainability which will come into force in 2024 and the proposed Green Claims directive.
The challenges imposed on Italian fashion
The Chamber of Italian Fashion is also focusing precisely on these ad hoc regulations, having expressed a series of doubts about the applicability of the Espr to creative and high-end Italian fashion, so much so that it brought its requests to Brussels together with the other members of European Fashion Alliance. «There are still some things to put in place, which we are still thinking about – said Carlo Capasa, president of CNMI, on the sidelines of the presentation meeting of the men’s fashion week underway in Milan in recent days – and I am referring for example to the concept of inventories or the durability of the garment: for us it is not only a matter of resistance to stress of the garment, but also of emotional durability and we are carrying out a specific study to make it clear, for example, that a lace garment can remain in a wardrobe for years, handed down from generation to generation.”
The critical issues in the long term
However, it will be necessary to wait a few years for the issuing of these provisions: «The delegated acts, broken down by type of sector, will arrive between 2027 and 2030 – explains the lawyer. Villari of Dla Piper, at the helm of the newly established EHS (Environmental / Health&Safety) practice – and will have an impact on multiple fronts: for example, the issue of product end-of-life will change from sector to sector. Due to this type of provision which effectively transforms the business model from linear to circular, companies will probably need more time to adapt.” The challenges imposed by compliance with the legislation are many: «From a regulatory point of view, the Commission has introduced for the first time a ban on the destruction of unsold textile and footwear products. To give businesses the time necessary to adapt to the new provisions, this ban will come into force two years after the approval of the regulation. In the meantime, the Commission will be able to issue further delegated acts with which to identify exemptions from the ban, such as destruction for health and safety reasons, and extend some disclosure and transparency obligations also to small and micro-enterprises (which would be exempt). , on the number of products destroyed and the reasons”, says Villari. These are then joined by those linked to the competitiveness to be maintained: «The fact that companies are required to create durable and repairable products imposes a price issue that will most likely be higher than in the past».