--- title: "ESPR Delegated Acts and the Digital Product Passport: A Guide to Rules, Dates and Obligations for Businesses" description: "The ESPR establishes *that* many products will need a Digital Product Passport (DPP); it is the **delegated acts**, sector by sector, that set out *how* and *from when*" url: https://www.dppdesigner.com/en/articles/espr-delegated-acts-the-digital-product-passport language: en published: 2026-08-05 updated: 2026-11-04 author: "Corrado Facchini, CTO & Innovation Manager" publisher: "DPP Designer" --- # ESPR Delegated Acts and the Digital Product Passport: A Guide to Rules, Dates and Obligations for Businesses The ESPR establishes *that* many products will need a Digital Product Passport (DPP); it is the **delegated acts**, sector by sector, that set out *how* and *from when* ## 1. Background: ESPR and the DPP The Digital Product Passport (DPP) is one of the central instruments of **Regulation (EU) 2024/1781 on ecodesign for sustainable products (ESPR)**, in force since July 2024. Its purpose is to make information on the sustainability, composition, repairability and end of life of products sold in the Union available to consumers, supply-chain operators and authorities. The ESPR is a **framework regulation**: it sets principles, architecture and general obligations, but does not list requirements for individual products. These are defined, product group by product group, through **delegated acts** of the European Commission (Article 4 ESPR). The DPP does not come from the ESPR alone, however. Other sector-specific laws provide for their own passport, which feeds into the same infrastructure: the **Batteries Regulation (EU) 2023/1542**, the new **Construction Products Regulation (EU) 2024/3110**, the **Toy Safety Regulation (EU) 2025/2509** and the **Detergents Regulation (EU) 2026/405**. --- ## 2. What delegated acts are (and what they are not) Delegated acts are legally binding acts provided for by **Article 290 of the Treaty on the Functioning of the EU (TFEU)**. The European Parliament and the **Council of the EU** — the co-legislators — delegate to the Commission the power to **supplement or amend non-essential elements** of a legislative act, within limits set by the act itself. For the DPP, then, the delegated act does not decide *whether* to introduce the passport: the ESPR does that. It decides *how* to apply it to a specific product category. It is useful to distinguish them from **implementing acts** (Article 291 TFEU), which lay down uniform conditions for implementation. In the DPP world, for example, the operating rules of the central registry are an implementing act (see [section 6](#6-what-is-already-operational-today)). | | Delegated act (Art. 290 TFEU) | Implementing act (Art. 291 TFEU) | |---|---|---| | **Function** | Supplements or amends non-essential elements of the law | Sets uniform conditions for implementation | | **DPP example** | Ecodesign and DPP requirements for iron and steel | Operating rules of the DPP registry | | **Oversight** | Parliament and Council may raise objections | Member State committees (comitology) | --- ## 3. What each delegated act defines For each product group, the delegated act specifies in particular: - **Product and information requirements** – which data must appear in the DPP: for example environmental or carbon footprint, substances of concern, recycled content, durability, disassembly and repair instructions. - **Data carrier** – the physical carrier linking the product to the passport (e.g. QR code, digital watermark, RFID tag) and where to place it: on the product, the packaging or the accompanying documentation. - **Level of granularity** – whether the passport applies to the model, the batch or the individual item. - **Access rights** – which information is public and which is reserved for market surveillance authorities, repairers, remanufacturers or recyclers. - **Application timing** – the date from which the obligation takes effect and any transition period. Cross-cutting technical aspects (unique identifiers, interoperability, data formats, storage) are instead covered by the **European harmonised standards** on the DPP, already published (see section 6), which the delegated acts refer to. --- ## 4. Timelines by sector The DPP is being introduced **gradually**. The order of sectors is set by the first **ESPR and Energy Labelling Working Plan 2025‑2030** (COM(2025) 187), adopted by the Commission on **16 April 2025**. | Sector | Legal basis | Act adoption (indicative) | DPP obligation (estimate) | Status as of November 2026 | |---|---|---|---|---| | **Batteries** (electric vehicle, LMT, industrial > 2 kWh) | Batteries Regulation 2023/1542, Art. 77 | Already law | **18 February 2027** (firm date) | A few months away | | **Iron and steel** | ESPR – delegated act | Q4 2026 | ~2028 | Public consultation closed (20 May – 12 August 2026); act not yet adopted | | **Textiles and apparel** | ESPR – delegated act | 2027 | ~2028‑2029 | Preparatory study completed | | **Tyres** | ESPR – delegated act | 2027 | ~2029 | In preparation | | **Aluminium** | ESPR – delegated act | 2027 | ~2029 | In preparation | | **Furniture** | ESPR – delegated act | 2028 | ~2030 | Not yet started | | **Mattresses** | ESPR – delegated act | 2029 | ~2031 | Not yet started | | **Electronics** (horizontal measures) | ESPR – delegated acts | Repairability 2027; recycled content 2029 | To be determined | Not yet started | Some important clarifications: - **Batteries.** This is the first mandatory DPP, but it is governed directly by the Batteries Regulation, not by an ESPR delegated act. From 18 February 2027 it covers **all** batteries for electric vehicles and light means of transport (LMT: e‑bikes, e‑scooters, e‑mopeds) regardless of capacity, and **industrial batteries only above 2 kWh**. Portable batteries and starting, lighting and ignition (SLI) batteries are outside the passport requirement. - **Footwear.** It is excluded from the “textiles” group in the first working plan, pending a dedicated study. - **Chemicals and plastics.** They are not among the priorities of the 2025‑2030 plan; assessments are under way for some chemical products that could bring them into later plans. - **Energy-related products.** Work already started under the previous 2022‑2024 plan continues (e.g. dishwashers, electric motors, electric vehicle chargers, displays). - **ESPR dates are indicative.** They become binding only when the delegated act is published in the Official Journal. The delay already seen on iron and steel suggests planning around date *ranges*, not fixed deadlines. --- ## 5. The procedure: from draft to obligation Each ESPR delegated act follows a five-stage process: 1. **Preparatory study.** The Joint Research Centre (JRC) or an external contractor analyses the product group: environmental impacts, market, improvement potential, data to include in the DPP. It typically takes **18‑24 months** and includes stakeholder consultations. 2. **Ecodesign Forum and public consultation.** The Commission discusses options with the Forum (industry, NGOs, Member States), opens a call for evidence and, once the draft is ready, publishes it on the *Have Your Say* portal for **4 weeks of feedback**. 3. **Adoption and scrutiny period.** Once adopted by the Commission, the act is notified to the European Parliament and the Council, which have **2 months, extendable by a further 2**, to raise objections. They cannot amend it: they can only accept or reject it. If there are no objections, the act is published in the Official Journal and enters into force. 4. **Transition period.** Between entry into force and actual application, the ESPR normally provides for **at least 18 months**, except in justified cases. This is the time to adapt the supply chain, collect data from suppliers and set up IT systems. 5. **Application and surveillance.** From that date, products in the relevant group may be placed on the EU market only with a compliant DPP **registered in the EU registry**. Checks and penalties are the responsibility of national market surveillance authorities. > **Rule of thumb:** realistically, **two years or more** pass between the opening of the public consultation on a delegated act and the actual obligation. The consultation is the signal that the countdown has begun. --- ## 6. What is already operational today Even though product-specific delegated acts have not yet arrived, in 2026 the DPP infrastructure became concrete: - **Harmonised standards.** With Implementing Decision (EU) 2026/1736, published on 15 July 2026, the Commission referenced **six CEN/CENELEC harmonised standards** on the DPP (developed under mandate M/604), including EN 18219 on unique identifiers. The security and authentication part is still in draft. - **EU DPP registry.** **Implementing Regulation (EU) 2026/1778** of 16 July 2026 sets the rules for the registry provided for by Article 13 ESPR. The registry, with its test environment, has been **operational since 20 July 2026**, and the regulation has been in force since **6 August 2026**. - **How the registry works.** It does not hold the full passport, which stays with the operator or its service provider: it securely stores at least the unique identifier and the registration metadata. A product subject to a DPP **cannot be placed on the market until its passport is registered**. - **Already now**, businesses can create an account in the registry and test their data against the official data models, with no obligation. - **Next piece:** the rules for **DPP service providers**, expected by the end of 2026. --- ## 7. How to prepare: a checklist for businesses Waiting for the delegated act to be published means having, at best, 18 months for a project that touches suppliers, information systems and labelling. It is better to start now, with steps that are useful whatever the final detail of the requirements. **Mapping (now)** - [ ] Identify which of your products fall under the ESPR Working Plan or other laws with a DPP (batteries, construction products, toys, detergents). - [ ] Define your role for each product: manufacturer, importer, distributor, authorised representative. - [ ] Follow the consultations on the *Have Your Say* portal for your sectors. **Data and supply chain (next 6‑12 months)** - [ ] Check which data already exists and where: composition, substances, material origin, environmental data, repair instructions. - [ ] Engage suppliers on the data they will need to provide and the formats. - [ ] Adopt **unique identifiers** based on shared standards (e.g. GS1 Digital Link) and consistent with EN 18219. **Systems and governance** - [ ] Integrate ERP, PLM and PIM with the passport management platform. - [ ] Decide on the likely granularity (model, batch, item) and the impact on packaging and the data carrier. - [ ] Create a test account in the EU registry and trial a pilot passport. - [ ] Appoint an internal owner and plan a multi-year budget. **If you manufacture or import batteries:** the obligation applies from **18 February 2027**. The priority now is to finalise data collection, identifiers and registration. --- ## 8. Frequently asked questions **Is there already a DPP obligation for my product?** As of November 2026, no product-specific ESPR delegated act has been adopted, so no product yet has a DPP obligation arising from the ESPR. The first concrete obligation is for batteries (Batteries Regulation), from 18 February 2027. **Are the Working Plan dates binding?** No. The Working Plan is a planning document: the dates become obligations only when the individual delegated act is published, which also sets the transition period. **How much time will I have after a delegated act is published?** Normally at least 18 months between entry into force and application, except in justified cases where the act may set different timing. **What do I need to register in the EU registry?** Not the full passport, but the unique identifier and the required metadata. The complete data stays with the economic operator or its DPP service provider. **Can Parliament and the Council amend a delegated act?** No. They can only raise objections within the scrutiny period (2 months, extendable by 2). If there is an objection, the act does not enter into force. ## Sources - [Regulation (EU) 2024/1781 – ESPR](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32024R1781) — 1. , Official Journal of the EU. - [Regulation (EU) 2023/1542 concerning batteries and waste batteries](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R1542) — 2. , Article 77 and Annex XIII. - [Article 290 TFEU – Delegated acts](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A12012E290) — 3. . - [Implementing Regulation (EU) 2026/1778 on the digital product passport registry](https://eur-lex.europa.eu/eli/reg_impl/2026/1778/oj) — 4. , OJ L of 17.7.2026. - [Commission overview (Green Forum)](https://green-forum.ec.europa.eu/news/2025-2030-working-plan-2025-07-11_en) — 5. Ecodesign for Sustainable Products and Energy Labelling Working Plan 2025‑2030, COM(2025) 187 final, 16 April 2025 – . - [European Commission – Ecodesign for Sustainable Products Regulation](https://ec.europa.eu/growth/industry/sustainability/ecodesign_en) — 6. , official portal. - [Joint Research Centre (JRC)](https://joint-research-centre.ec.europa.eu/) — 7. – preparatory studies for ESPR product groups.