ESPR Regulation Explained: Which Products Need a Digital Product Passport?

What Is the ESPR Regulation and Why Does It Matter for Your Business?

The ESPR regulation — Ecodesign for Sustainable Products Regulation (EU 2024/1781) — is the legal framework under which Digital Product Passports become mandatory in the EU, category by category, through delegated acts. ESPR requires manufacturers, importers, and brands to provide verifiable digital information about product composition, environmental footprint, repairability, and end-of-life options once a delegated act applies to their product category. Today, no ESPR delegated act yet requires a DPP — the only fixed passport date currently in force is for batteries (18 February 2027, Regulation (EU) 2023/1542). Once a delegated act does make a DPP mandatory for a category, non-compliant products face market withdrawal. The regulation entered into force in July 2024 and is being rolled out sector by sector through product-specific delegated acts.

This is not a voluntary sustainability initiative. ESPR replaces the older Ecodesign Directive and dramatically expands its scope — from energy-related products only, to virtually every physical product sold in Europe. Understanding which products are affected, and when, is the first decision every compliance team needs to make.

How ESPR Works: The Delegated Act System

The ESPR regulation itself is a framework law — it defines the Digital Product Passport system, enforcement mechanisms, and general obligations, but does not specify product requirements directly. Product-specific rules come through delegated acts, which are secondary legislation developed by the European Commission in consultation with industry.

Each delegated act covers a product category and defines:

• Which products are covered and which are exempt
• Mandatory data fields for the DPP
• Minimum ecodesign requirements (durability, repairability, recycled content)
• Data carrier specifications (QR code format, placement, durability)
• Compliance deadlines and transition periods

Once a delegated act is published in the Official Journal, manufacturers typically have 18-24 months before the DPP becomes mandatory for new products. This transition period sounds generous until you account for the time required to collect supply chain data, implement DPP software, and integrate data carriers into products.

The ESPR implementation guide explains the full compliance pathway step by step.

Priority Product Categories Under ESPR

The European Commission has established a working plan that prioritises product groups with the highest environmental impact and the greatest potential for improvement. Here is the current status of each priority sector:

1. Batteries — Mandatory From February 2027

The battery DPP is governed by a separate but related regulation: EU Battery Regulation 2023/1542. It is the most advanced DPP implementation and the first to become mandatory.

• Mandatory date: February 18, 2027
• Products covered: Industrial batteries ≥2 kWh, EV batteries, LMT batteries (e-bikes, scooters). LMT batteries (e-bikes, scooters) are covered from the same date, 18 February 2027. Portable batteries are not subject to the battery passport.
• Key requirements: Carbon footprint declaration, recycled content percentages, state of health data, supply chain due diligence, unique identifier linked to EU battery registry
• Who is responsible: The economic operator placing the battery on the EU market (manufacturer for EU-made batteries, importer for non-EU batteries)

If you manufacture or sell EV batteries, industrial energy storage, or e-mobility batteries in Europe, you are already in the mandatory zone. See the battery passport guide for the specific data fields required.

2. Textiles and Apparel — Delegated Act Indicative 2027

Textiles are a priority ESPR sector due to their massive environmental footprint and deeply fragmented global supply chains. The textile delegated act is indicatively scheduled for adoption in 2027, with DPP requirements applying at least 18 months later under Article 4(4) ESPR.

• Estimated mandatory date: 2028-2029
• Products covered: All textile articles (clothing, household textiles, footwear likely included in a separate act)
• Key requirements expected: Full fiber composition with recycled content percentages, Product Environmental Footprint (PEF) score, supply chain traceability to raw material origin, substances of concern, durability test results, care and repair instructions

3. Electronics and ICT Products — No Dedicated Delegated Act Yet

Smartphones, tablets, laptops, and consumer electronics are high on the priority list due to volumes, critical raw material dependency, and e-waste concerns, but they are not a standalone priority group with their own delegated act in the first ESPR Working Plan (COM(2025) 187).

• Smartphones and tablets: covered through the energy-related products track carried over from the previous Ecodesign Working Plan, with an indicative ecodesign-requirements adoption date of end 2030
• Other electronics: covered through the horizontal recycled-content/recyclability requirement for electrical and electronic equipment, with an indicative adoption year of 2029 and DPP obligations at least 18 months later
• Key requirements expected: Repairability score, spare parts availability, battery replaceability, critical mineral content, software support lifetime, recycled content in chassis and components

4. Furniture — Expected 2028; Mattresses — Expected 2029

Furniture and mattresses are two separate final product groups in the Working Plan. Furniture is a significant consumer of virgin wood, textiles, and metal. The delegated acts are in preparatory study phase.

• Products covered: Upholstered furniture likely first, then other categories; mattresses follow on a later indicative timeline
• Key requirements expected: Wood origin certification (FSC/PEFC equivalent), recycled material percentages, chemical treatment data, disassembly instructions for end-of-life

5. Iron & Steel — Expected 2026; Aluminium — Expected 2027

Industrial materials used in construction, automotive, and manufacturing supply chains are included due to their carbon intensity and the strategic importance of recycled content tracking for the EU's industrial decarbonisation targets. Iron and steel has the earliest indicative delegated-act adoption year of any ESPR product group (2026); aluminium follows at 2027.

6. Chemicals and Intermediate Products — Long-term

Chemical products, plastics, and industrial intermediates will be addressed in later waves of delegated acts, likely post-2028.

Products Exempt From ESPR

The ESPR framework includes specific exemptions. The following product categories are explicitly out of scope:

Note that the battery DPP applies to EV batteries even though the vehicle itself is exempt from ESPR. Components sold separately follow the component-specific regulation.

The Five Core Obligations Under ESPR

Regardless of which product category you operate in, ESPR creates five universal obligations:

1. Create and Maintain a Digital Product Passport

The DPP must be created before the product is placed on the EU market. It must be kept up to date for the duration of the product's expected lifetime — often 10-15 years after the product is sold. Data in the DPP must be accurate and verifiable.

2. Attach a Data Carrier to Every Product

A QR code, NFC tag, or other machine-readable data carrier must be permanently attached to the product (not just packaging). The carrier must link directly to the DPP in the EU registry. For products with multiple components, the carrier placement is specified in the delegated act. Generate compliant QR codes with the DPP-Tool generator.

3. Register in the EU DPP Registry

Each DPP is assigned a unique identifier and registered in the EU's centralised registry, which the European Commission is responsible for operating. Under Article 13 ESPR, the Commission was required to set up the registry by 19 July 2026; it launched the registry together with a testing environment on 20 July 2026, with the technical rules set by Implementing Regulation (EU) 2026/1778 (adopted 16 July 2026). No registration obligation applies to companies yet; the first users will be battery economic operators ahead of 18 February 2027. A certification scheme for DPP service providers is still under preparation. Connection to the registry will be managed through accredited DPP service providers.

4. Provide Verified Supply Chain Data

ESPR requires that DPP data be substantiated, not simply self-declared. Verification requirements are defined per product category in the delegated acts; some data fields may be self-declared while others (e.g. battery carbon footprint under Regulation 2023/1542) require third-party verification. The precise verification mechanism varies by product category (third-party certification, testing body reports, or blockchain-based traceability records), but the fundamental requirement is that data must be substantiated.

5. Ensure Accessibility to All Stakeholders

The ESPR DPP has differentiated access levels:

• Public access: General product information, materials, recycling instructions, repairability score, QR code
• Economic operator access: Full supply chain data, detailed component specifications
• Regulatory authority access: All data including sensitive commercial information, for enforcement purposes
• Recycler/repair access: Disassembly instructions, hazardous material locations, spare parts references

Penalties for Non-Compliance

Member states are required to establish penalties for ESPR non-compliance that are effective, proportionate and dissuasive under Article 74 ESPR; the ESPR itself sets no amounts. Based on the Battery Regulation (which shares the same enforcement logic) and draft national implementations, businesses can expect:

Market surveillance authorities in each member state will conduct product inspections, import controls, and DPP database audits. Non-compliant products will be subject to market withdrawal orders, meaning you cannot sell existing stock until the issue is resolved.

ESPR Compliance Timeline Overview

How to Start Your ESPR Compliance Assessment

The first step is determining which delegated acts apply to your product portfolio and when your compliance deadline falls. Follow this process:

1. Categorize your products against the ESPR priority list and existing delegated acts
2. Identify your compliance deadline — mandatory date minus 18 months = latest safe start date for data collection
3. Map your supply chain to understand where the data gaps are at Tier 1, 2, and 3 level
4. Select a DPP software platform that can generate, store, and register DPPs in the EU system
5. Run a pilot on one product SKU to identify process gaps before full rollout

The DPP-Tool generator lets you create and test compliant Digital Product Passports before your mandatory deadline — covering data structure, QR code generation, and registry-ready formatting.

Frequently Asked Questions