Agreement on Ecodesign welcome, but ETRMA warns against legal uncertainty

The European Commission’s Joint Research Centre lists tyres as a priority product in its preliminary study for a new regulation that will mandate the Commission to develop secondary legislation on specific product groups. Last week the European Parliament and Council reached a provisional agreement on this Ecodesign for Sustainable Products Regulation (ESPR), which is part of the Commission’s Circular Economy Action Plan under the European Green Deal. If confirmed, the ESPR’s inclusion of tyres “will reinforce industry’s long-standing commitment to make its products more sustainable and contribute to the European Union’s circular economy goals.”

These words come from Adam McCarthy, ETRMA secretary general. McCarthy notes, however, that “whilst we wait for the provisional agreement’s formal publication, the announced exclusion of vehicles raises concerns about which type of tyres will fall under its scope, risking creating regulatory uncertainty between different legislation.”

Looking for reassurances

Negotiations have started for the End-of-Life Vehicle Regulation (ELVR), which was proposed by the European Commission in July 2023 and will set circular economy provisions for vehicles. At present the ELVR only deals with M1 (passenger cars) and N1 (light trucks) vehicles, meaning that some original equipment tyres would be left out. McCarthy emphasises that this “could easily generate legal uncertainty and unpredictability at a time of already considerable challenges for the industry.”

Additionally, the ETRMA points out that several tyre performances and characteristics, such as rolling resistance, wet grip and external rolling noise, are already regulated, and more are due to come, with tyre abrasion currently being negotiated within the Euro 7 regulation. Any further regulatory requirements need to take these performances into account, particularly those related to road safety.

ETRMA believes the industry is “looking for reassurances” that all tyres, whether original equipment or replacement, will be regulated under ESPR. McCarthy underlines that “the tyre industry is working on making its products more circular and more sustainable; we ask the EU Institutions to clarify and confirm that all tyre types will fall under the scope of ESPR umbrella to avoid double regulation.”