Section outline

  • The Ecodesign for Sustainable Product Regulation (ESPR) is an initiative, consisting of a package of measures. It entered into force in July 2024.  The ESPR provides concrete regulatory measures that help achieve the Green Deal’s circular economy goals, translating its broad goals into specific product requirements to ensure that the EU market shifts toward sustainable production and pushing manufacturers to adopt sustainable practices. Furthermore, the ESPR sets binding conditions that textile products must meet to enter the EU market. The new requirements will be defined under specific delegated acts for product groups, such as textiles, electronics or furniture. The delegated acts will detail the new requirements for the products, in terms of design, durability, reparability, recyclability, etc.

    As the ECHT project focuses on tracing back which chemicals are present in an article, we focus here on the definition of substances of concern (SoC) under the ESPR. Furthermore, we provide a short overview of the Digital Product Passport (DPP), a central measure under the ESPR.

     

    A. Substances of concern (SoC)

    Recital 31 of the ESPR states: “Information on the presence of substances of concern in products is a key element to identify and promote products that are sustainable. The chemical composition of products largely determines their functionalities and impacts, as well as the possibility for their reuse or for recovery once they become waste”.

    Article 2(27) of the ESPR defines a substance of concern as a substance that:

    (a) meets the criteria laid down in Article 57 of Regulation (EC) No 1907/2006 and is identified in accordance with Article 59(1) of that Regulation;

    (b) is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008 in one of the following hazard classes or hazard categories:

    (i) carcinogenicity categories 1 and 2;

    (ii) germ cell mutagenicity categories 1 and 2;

    (iii) reproductive toxicity categories 1 and 2;

    (iv) endocrine disruption for human health categories 1 and 2;

    (v) endocrine disruption for the environment categories 1 and 2;

    (vi) persistent, mobile and toxic or very persistent, very mobile properties;

    (vii) persistent, bioaccumulative and toxic or very persistent, very bioaccumulative properties;

    (viii) respiratory sensitisation category 1;

    (ix) skin sensitisation category 1;

    (x) hazardous to the aquatic environment — categories chronic 1 to 4;

    (xi) hazardous to the ozone layer;

    (xii) specific target organ toxicity — repeated exposure categories 1 and 2;

    (xiii) specific target organ toxicity — single exposure categories 1 and 2;

    (c) is regulated under Regulation (EU) 2019/1021; or

    (d) negatively affects the reuse and recycling of materials in the product in which it is present;

    The Candidate List mentioned under (a), the CLP Annex VI – harmonised classifications mentioned under (b) and the list of substances subject to POPs Regulation mentioned under (c) can also be found on ECHA CHEM.

     

    B. Overview of the Digital Product Passport

    A new measure featured in the ESPR is the implementation of a Digital Product Passport (DPP). The DPP aims to electronically register, process and share information amongst the supply chain actors, authorities and consumers. It is defined by the European Commission as a structured collection of product related data with pre-defined scope and agreed data ownership and access rights conveyed through a unique identifier, and that is accessible via electronic means through a data carrier.

    According to Article 9(3) of the ESPR, the DPP “should”:

    (a) ensure that actors along the value chain, in particular consumers, economic operators and competent national authorities, can access product information relevant to them;

    (b) facilitate the verification of product compliance by competent national authorities; and

    (c) improve traceability of products along the value chain.

    DPP datasets will include both mandatory information and, optionally, additional voluntary data provided by manufacturers. Regulatory information about the DPP can be found in the ESPR regulation. A delegated act on textiles and footwear, which will define detailed DPP requirements for textile products, is expected to be published in 2027. Further information can be found in a report named « Methodology for defining data requirements for the Digital Product Passport under the ESPR framework » by the Joint Research Centre. Information from this report were used for the following contents of this section.

     

    B.1 Roles and responsibilities of economic operators

    Under the ESPR, compliance with product-specific ecodesign requirements - including information obligations implemented through the DPP - is ensured by assigning obligations to economic operators according to their respective roles in the supply chain, as defined in the Regulation (Article 2). Consistent with the standard distribution of responsibilities under EU product legislation, primary responsibility rests with the manufacturer or, where the manufacturer is not established in the Union, with the importer.

    • The ESPR assigns primary responsibility for compliance with Digital Product Passport requirements to the manufacturer, meaning that the entity designing and placing the product on the EU market must ensure that all required data is complete, accurate, and compliant before the product is sold.
    • The importer assumes equivalent responsibility to the manufacturer when products are produced outside the EU, ensuring that imported goods meet all ESPR and DPP obligations.
    • Authorised representatives may carry out specific delegated tasks, such as documentation handling or communication with authorities, but they do not assume full legal responsibility unless explicitly defined.
    • Distributors have a verification and due-care obligation, which means they must check that required information, including access to a DPP, is present and must not place non-compliant products on the market.
    • Other actors, such as online marketplaces or fulfilment service providers, have role-specific facilitation responsibilities, but they do not bear primary responsibility for the content of the DPP.

     

    B.2 DPP content requirements

    The ESPR defines several categories of information that may be required to be made available through the DPP.

    B.2.1 Product and producer identification (Annex III b)-d), g)-k))

    The DPP should include:

    • unique identifiers, such as a unique product identifier (UPI), a unique operator identifier (UOI), and where relevant a unique facility identifier (UFI), which together enable consistent identification, traceability, and linking of data across systems
    • descriptive product and producer information, including the product name, model, version, and the identity and contact details of the responsible economic operator, ensuring that the product can be clearly distinguished and attributed

     

    B.2.2 Product-specific parameters and information (Article 7(2)(b))

    The ESPR establishes the legal framework for setting product-specific information requirements, which can be delivered through the DPP by means of delegated acts tailored to particular products. Specifically, Article 7(2)(b) empowers these delegated acts to mandate the inclusion of certain categories of information, where appropriate for the relevant product group:

    • product-specific parameters related to sustainability and circularity (referred to in Annex I), such as durability, reparability, recyclability, and energy or resource efficiency, depending on the requirements defined in product-specific delegated acts
    • information for installation, use, maintenance, and repair, enabling users and professionals to handle the product correctly and extend its lifetime
    • information for treatment facilities, such as disassembly instructions or material composition, to support reuse, refurbishment, and high-quality recycling
    • additional information influencing sustainable product choices and handling, supporting broader environmental and circular economy objectives

    B.2.3 Information on substances of concern (Article 7(5))

    Delegated acts may, where appropriate and proportionate, mandate the disclosure of information including:

    • the identification of substances of concern (SoC) contained in the product;
    • details regarding their presence or location within the product, where needed to support safe use, repair, refurbishment, or end-of-life treatment; and
    • information relevant to treatment operators, including recyclers, to facilitate proper handling or separation.

     

    B.2.4 Information required under other Union law (Annex III a), e), f))

    • The DPP may integrate information already required under other EU legislation, such as compliance documentation, declarations of conformity, or technical files, thereby avoiding duplication of reporting obligations.
    • The DPP may also include user-facing information, such as manuals, safety instructions, or warnings, which are already required under existing legal frameworks.

     

    B.3 Non-functional requirements (how data must be provided)

    The ESPR also establishes a set of non-functional requirements, applying to the specifications and provision of DPP data. These requirements concern the qualities that DPP data must exhibit, not the content of information as such.

    • Relevant actors along the value chain should easily access and understand the information made available (Article 9(3)(a)).
    • The information provided through the DPP supports the verification of compliance with applicable product requirements (Article 9(3)(b)).
    • The DPP contributes to improved traceability along the supply chain (Article 9(3)(c)).
    • The data in the DPP is complete, accurate and kept up to date (Article 9(1)).
    • The data must be provided in interoperable, structured, and machine-readable formats, based on open standards, so that it can be shared and reused across digital systems (Article 10(1)(d)).
    • The data must remain available for a defined period, typically aligned with the product’s lifetime, supporting long-term uses such as repair, reuse, and market surveillance (Article 9(2)(i)).

     

    B.4 DPP data system information (how the system operates)

    DPP data system information (DSI) refers to system-level requirements that regulate the functioning of the DPP independently from the product-specific information content established in product-group delegated acts. These requirements relate to the operation of the DPP as a digital system, rather than to the specific information it includes.

    B.4.1 Access rights and role-based data visibility (Art. 9(2)(f))

    • The DPP should implement role-based access control, meaning that different categories of users, such as consumers, economic operators, and authorities, have access to different levels of information.
    • This approach ensures a balance between transparency and the protection of confidential business information, allowing sensitive data to be restricted while still enabling regulatory oversight and informed decision-making.

     

    B.4.2 Granularity levels of the DPP (Art. 9(2)(d))

    • The DPP may be defined at different levels of granularity, such as product model, batch, or individual item level, depending on the needs for traceability and the characteristics of the product group.
    • The chosen level of granularity must balance policy objectives with feasibility and cost, considering existing industry practices and avoiding unnecessary administrative burden.

     

    B.4.3 Rules on governance (Art. 9(2)(g-h))

    • The DPP should include clear rules on data governance, specifying which actors are responsible for creating, updating, and maintaining different data elements.
    • The system must define update triggers, such as product placement on the market, repair, refurbishment, or end-of-life treatment, ensuring that data remains current throughout the product lifecycle.
    • The DPP may include traceability mechanisms for changes, such as timestamps and update logs, to ensure accountability and support compliance verification.

     

    B.4.4 DPP registry and web portals (Art. 13 and 14)

    • The ESPR establishes a central EU DPP registry, where key identifiers and links to product passports are stored to ensure traceability and system integrity.
    • A web portal will provide user access to DPP information, enabling both public access to non-sensitive data and restricted access for authorised actors.

     

    B.5 Data carrier (link between product and DPP)

    • Each product must be associated with a data carrier, which provides a direct link to the Digital Product Passport.
    • The data carrier must ensure a reliable and persistent connection between the physical product and its digital information.
    • The data carrier must be visible, accessible, and durable, remaining functional throughout the relevant period of the product’s lifecycle.
    • The ESPR does not prescribe a specific technology but requires alignment with standardised and interoperable solutions.