Regulatory Framework¶
Ecodesign for Sustainable Products Regulation (ESPR)¶
Regulation (EU) 2024/1781 — adopted 13 June 2024, published in the Official Journal on 28 June 2024 (OJ L 2024/1781). Entered into force on 18 July 2024.
The ESPR replaces and extends the old Ecodesign Directive 2009/125/EC (which only covered energy-related products) to cover virtually all physical products placed on the EU market, with exceptions for food, feed, medicinal products, and living organisms.
Legal basis: Article 114 TFEU (internal market harmonization).
Key articles on DPP¶
| Article | Topic |
|---|---|
| Art. 9 | Digital Product Passport — general requirements, what information it must contain |
| Art. 10 | Technical design — data carriers, accessibility, interoperability, role-based access |
| Art. 11 | Requirements for DPP service providers (hosting/storage obligations) |
| Art. 12 | Unique product identifiers — Commission shall adopt implementing acts on formats |
| Art. 13 | DPP registry — Commission shall set up a registry by 19 July 2026 |
| Art. 14 | Access rights and data governance |
| Art. 15 | Customs and market surveillance access |
| Art. 68 | Penalties — Member States must define effective, proportionate, dissuasive penalties |
Product scope¶
The ESPR empowers the European Commission to adopt delegated acts specifying DPP requirements for specific product categories. Priority product groups from the Working Plan 2025-2030:
- Iron and steel — first delegated act expected
- Aluminium
- Textiles (apparel and footwear)
- Furniture
- Tyres
- Detergents
- Paints
- Lubricants
- Chemicals
- Electronics and ICT
- Energy-related products (carried over from old Ecodesign Directive)
Delegated act status
As of early 2026, no ESPR delegated acts had been formally adopted — they were still being drafted. Exact compliance dates depend on when each delegated act is published in the OJ, typically with an 18-24 month transition period.
Unsold goods destruction ban¶
The ESPR also introduces a ban on the destruction of unsold consumer products:
- 19 July 2026: Ban on destruction of unsold textiles and footwear for large enterprises
- 19 July 2030: Extended to medium enterprises
Battery Regulation¶
Regulation (EU) 2023/1542 — adopted 12 July 2023, entered into force 17 August 2023. This is the first EU regulation to mandate a Digital Product Passport for a specific product category.
Battery passport requirements¶
Applies to:
- EV batteries (electric vehicle)
- Industrial batteries > 2 kWh
- LMT batteries (light means of transport — e-bikes, scooters) > 2 kWh
Does NOT apply to portable batteries (AA, AAA, coin cells, etc.) — these have simpler labeling requirements.
Mandatory data fields (Annex XIII)¶
The battery passport must include:
Product identification:
- Unique battery identifier, manufacturer, model
- Manufacturing date and place
Technical specifications:
- Chemistry, nominal voltage, capacity, weight, dimensions
Carbon footprint:
- Carbon footprint per kWh (specific to manufacturing site and batch)
- Carbon footprint performance class (A-E)
- Reference to Life Cycle Assessment (LCA) study
Electrochemical performance and durability:
- Energy density, cycle life, internal resistance
State of Health (SoH):
- Remaining capacity, power fade (updated over product life)
Recycled content:
- Percentages of cobalt, lead, lithium, and nickel from recycled sources
Supply chain:
- Due diligence documentation for responsible sourcing
End of life:
- Collection, recycling, and safe removal instructions
Compliance:
- CE marking, test results, declarations of conformity
Battery passport timeline¶
| Date | Requirement |
|---|---|
| 18 Feb 2025 | Carbon footprint declaration required |
| 18 Aug 2025 | Carbon footprint performance classes |
| 18 Aug 2025 | Due diligence obligations (postponed to 18 Aug 2027) |
| 18 Feb 2027 | Full battery passport mandatory for EV and industrial batteries > 2 kWh |
| 18 Aug 2028 | Minimum recycled content thresholds enforced |
| 18 Aug 2031 | Stricter recycled content thresholds |
Other regulations with DPP requirements¶
Beyond the ESPR and Battery Regulation, several other EU regulations mandate or reference DPPs:
| Regulation | DPP requirement | Timeline |
|---|---|---|
| Construction Products Regulation (EU) 2024/3110 | DPP for construction products | Mandatory 18 months after digital infrastructure established (~2028-2030) |
| Detergents Regulation | DPP mandatory | ~42 months after entry into force (~2027) |
| Toys Regulation | DPP mandatory | ~54 months after publication (~2029-2030) |
| End-of-Life Vehicles (ELV) Regulation | Environmental Vehicle Passport | 72 months after entry into force |
| Critical Raw Materials Act (CRMA) | Magnet labeling (Nov 2025), recycled content (May 2027), recyclability (May 2029) | Phased 2025-2029 |
Construction Products Regulation¶
Regulation (EU) 2024/3110 — adopted 27 November 2024, entered into force 7 January 2025. Replaces the old CPR (EU) No 305/2011.
The DPP is a central pillar of the new CPR. The First CPR Working Plan for 2026-2029 was published in December 2025. Priority sub-categories: insulation, cement, steel, windows, heating/cooling systems.
Required data: unique product identification (GS1 GTIN), Declaration of Performance/Conformity, technical/safety/environmental data. Data carriers: QR code, RFID, barcode, or URL.
Relationship to other EU regulations¶
The DPP sits within a broader regulatory ecosystem:
- Green Claims Directive — proposed March 2023 to require substantiation of environmental claims. The Commission announced its intention to withdraw the proposal in mid-2025, citing burden on micro-enterprises. However, the Empowering Consumers Directive (2024) already bans vague unsubstantiated green claims, and DPP data supports compliance.
- Carbon Border Adjustment Mechanism (CBAM) — fully in force since 1 January 2026 (transitional since October 2023). Covers embedded carbon in imports of cement, iron/steel, aluminium, fertilizers, electricity, hydrogen. DPP carbon footprint data directly supports CBAM compliance.
- EU Deforestation Regulation (EUDR) — covers cattle, cocoa, coffee, oil palm, soya, wood, rubber. Requires due diligence and traceability to prove deforestation-free sourcing. DPP supply chain traceability overlaps with EUDR requirements. Implementation has been delayed from the original December 2024 date.
- Waste Framework Directive (revision) — DPP facilitates end-of-life sorting and recycling
- Corporate Sustainability Reporting Directive (CSRD) — DPP product-level data feeds into company-level sustainability reporting
- Right to Repair Directive — DPP provides repair manuals, spare parts info, repairability scores
- Packaging and Packaging Waste Regulation (PPWR) — may reference DPP for packaging sustainability data