In order to implement the DPP across the board, legal regulations, ordinances and national strategies are required. These can be adopted at both EU and national level. It is essential to include legal requirements for critical raw materials, as a DPP can significantly influence the traceability, sustainability and availability of these materials.

Legal basis at EU level

At EU level, the Green Deal initially forms the basis for sustainable development with the overarching goal of making the EU climate-neutral by 2050. Laws on DPP and the management of critical raw materials have also been developed based on its objectives. Two central regulations, the Critical Raw Materials Act (CRMA) and the Ecodesign Regulation for Sustainable Products (ESPR), play a crucial role here. They link the topics of critical raw materials and the Digital Product Passport (DPP) to promote transparency, recycling and sustainability.

Ecodesign Regulation

The Ecodesign Regulation for Sustainable Products (ESPR) introduces the Digital Product Passport. When the regulation comes into force in 2024, it will be gradually introduced for various product groups, e.g. for batteries from 2027. The DPP is intended to provide detailed information about the composition, origin and recyclability of products [3]. To make it more accessible, this data should be retrievable via a barcode, a QR code or a two-dimensional symbol.

In the long term, the Digital Product Passport is to be introduced for all physical goods. Exceptions apply to food, animal feed, medicinal products, veterinary medicinal products, living plants, animals, microorganisms and products of human, plant or animal origin that are directly related to their future reproduction [3].

Critical Raw Materials Act

Monitoring critical raw materials is one of the bases for the DPP. The Critical Raw Materials Act (CRMA), for example, stipulates that products containing critical raw materials – such as electrical and electronic equipment – must provide detailed information on their composition and recyclability. This information is incorporated into the DPP and facilitates the recycling of critical raw materials.

In addition, the CRMA defines specific recycling rates for critical raw materials. For example, the EU is to cover at least 15% of its demand for strategic raw materials through recycling by 2030 [2]. The DPP is a crucial instrument for achieving these goals by making relevant information on raw material cycles transparent.

Implementation in Germany

Since both regulations apply throughout the EU, they do not need to be transposed into national law. However, Germany is supporting them through various national initiatives. The National Circular Economy Strategy defines the “digital product passport” initiative for implementation at the national level. The aim is to promote DPP lighthouse projects in key sectors with particularly high environmental and occupational safety relevance. In particular, medium-sized sectors that are of great importance for the circular economy should benefit [1].

Conclusion

The Critical Raw Materials Act (CRMA) and the Ecodesign Regulation (ESPR) are two key pieces of legislation that combine a sustainable economy and raw material security. While the CRMA ensures a secure supply of raw materials, the Ecodesign Regulation provides direct requirements for a DPP and thus for more transparency and recycling options. This combination is a major step towards a sustainable and competitive European economy. The development of the DPP as part of the CE-RISE project is based on this legal framework.

References

[1]      Bundesministerium für Umwelt, Naturschutz, nukleare Sicherheit und Verbraucherschutz (BMUV), www.bmuv.de. 2024. Nationale Kreislaufwirtschaftsstrategie.

[2]      Europäische Union. 2024. Critical Raw Materials Act.

[3]         Europäische Union. 2024. Ökodesign-Anforderungen für nachhaltige Produkte.