ESPR Explained: The EU Regulation That Will Change How You Make and Sell Products
By February 2027, every industrial and EV battery sold in the EU must carry a Digital Product Passport. By 2028, textiles, iron, steel, and furniture follow. A UK manufacturer exporting aluminium housings to Germany without a compliant DPP faces market withdrawal — not a fine, not a warning, but a product pulled from sale.
Fewer than 15% of SME manufacturers had started preparing for these requirements as of late 2025, according to the European Commission's Joint Research Centre. The regulation has been in force since July 2024. The gap between law and readiness is where the pain will land.
The EU's Ecodesign for Sustainable Products Regulation — ESPR (Regulation (EU) 2024/1781) — replaces the old Ecodesign Directive that only covered energy-related products. It extends mandatory sustainability and data requirements to virtually every physical product sold in the EU. Its centrepiece is the Digital Product Passport: a machine-readable identity that every regulated product must carry.
This guide covers what ESPR requires, which products are affected first, what a DPP must contain, and — critically — where most compliance approaches go wrong.
What Is ESPR?
Regulation (EU) 2024/1781 — the Ecodesign for Sustainable Products Regulation — was adopted on 13 June 2024 and entered into force on 18 July 2024. It creates a framework for setting mandatory ecodesign requirements across almost all product categories sold in the EU single market.
The old Ecodesign Directive (2009/125/EC) focused narrowly on energy efficiency for products like washing machines, boilers, and light bulbs. ESPR blows the doors open. It covers:
- Durability and reliability — how long a product lasts
- Repairability — can customers and independent repairers fix it?
- Recyclability and recycled content — what happens at end of life?
- Carbon and environmental footprint — the full lifecycle impact
- Hazardous substances — what's in the product and why it matters for recycling
- Resource and energy efficiency — less waste at every stage
The regulation doesn't set specific requirements by itself. Instead, it empowers the European Commission to adopt delegated acts — product-specific rules that define exactly what manufacturers must do for each category. Think of ESPR as the legal engine, and delegated acts as the fuel.
Which Products Are Covered?
Almost everything. ESPR's scope extends to any physical product placed on the EU market, with limited exceptions (food, feed, medicinal products, and a few others).
The Commission published its 2025–2030 Working Plan identifying six priority product groups that will get delegated acts first:
Priority Products and Timeline
| Product Category | Delegated Act Target | DPP Enforcement |
|---|---|---|
| Textiles and apparel | 2026–2027 | 2027 |
| Iron and steel | 2026 | 2027 |
| Aluminium | 2027 | 2028 |
| Tyres | 2027 | 2027 |
| Furniture | 2027–2028 | 2028 |
| Mattresses | 2028–2029 | 2029 |
Electronics, ICT equipment, and household appliances (previously covered under the old Ecodesign Directive) will receive updated requirements under ESPR between 2028 and 2029.
Batteries are handled under the Battery Regulation (EU) 2023/1542, which ESPR directly amends. Industrial and EV battery passports become mandatory from 18 February 2027.
Construction products are also in scope, with specific timelines still under development.
A mid-term review in 2028 will add deadlines for industries not yet covered.
The message is clear: if you make physical products for the EU market, compliance requirements are coming. For most manufacturers, the question is not if but when.
The Digital Product Passport: ESPR's Centrepiece
The most transformative element of ESPR is the Digital Product Passport (DPP). Every regulated product must carry a machine-readable data record linked to a physical data carrier — typically a QR code, NFC chip, or RFID tag — on the product itself or its packaging.
The DPP is not a marketing gimmick. It's a legal requirement that creates a permanent, accessible digital identity for every product.
What Data Must a DPP Contain?
The baseline data fields required across all product categories include:
- Unique product identifier — at item, batch, or model level depending on the category
- Manufacturer identity — name, contact details, registered address
- Importer identity — including EORI number for non-EU manufacturers
- Country of origin / manufacture
- Material composition — full list of substances, recycled content percentage
- Hazardous substance declarations — linked to the REACH candidate list
- Carbon footprint — lifecycle environmental impact metrics
- Energy efficiency — class or rating where applicable
- Durability indicators — expected lifespan, warranty terms
- Repairability score — spare parts availability, repair instructions
- Recyclability percentage — what proportion can be recycled at end of life
- Disassembly instructions — how to take the product apart for recycling
- DPP maintenance party — who is legally responsible for keeping the data current
- Date of last update — DPPs are living documents, not static labels
Each product category will add sector-specific fields. Textiles will require fibre composition, dyeing chemical declarations, and microplastic shedding data — a complex landscape we've outlined in our DPP guide for fashion and apparel. Batteries must include state of health, charging cycle history, and raw material provenance.
Who Can Access DPP Data?
ESPR mandates tiered access. Different stakeholders see different data:
- Consumers — material composition, repairability, care instructions, environmental impact
- Independent repairers — repair manuals, spare parts catalogues, diagnostic information
- Recyclers — disassembly instructions, material composition, hazardous substances
- Market surveillance authorities — full data access including conformity documentation
- Customs authorities — verification data for border control
This isn't just regulatory compliance — it's the foundation for a genuinely circular economy where every actor in the product lifecycle has the information they need.
The EU Central DPP Registry
The Commission is building a central registry for Digital Product Passports, expected to be operational by mid-2026. All DPP records will be stored in or linked to this registry, creating a single source of truth for product data across the EU.
DPP data must use open, interoperable formats — no vendor lock-in. GS1 Digital Link is emerging as the standard for linking product identifiers (GTINs) to their DPP records via QR codes.
Who Must Comply?
ESPR applies to all economic operators placing regulated products on the EU market, regardless of where the product is manufactured.
Manufacturers (EU and non-EU)
Manufacturers bear the heaviest obligations:
- Design products to meet ecodesign performance requirements
- Create and maintain the Digital Product Passport
- Conduct conformity assessment
- Prepare the EU Declaration of Conformity
- Apply CE marking
- Maintain a backup copy of the DPP
Non-EU manufacturers selling into the EU must comply through their authorised representative or importer.
Importers
Importers must verify that the manufacturer has completed conformity assessment before placing products on the market. They're responsible for ensuring the DPP exists and is accessible for every imported product.
Distributors
Distributors — retailers, wholesalers, and fulfilment services — must verify that required markings and DPP documentation are complete before selling. If non-compliance is discovered, they must halt sales immediately and notify authorities.
Critical rule: Importers or distributors who sell products under their own brand name, or who modify a product in ways that affect compliance, are treated as manufacturers and bear full manufacturer obligations.
The Ban on Destroying Unsold Goods
One of ESPR's boldest provisions is a direct prohibition on destroying unsold consumer products.
Starting 19 July 2026, large enterprises are banned from destroying unsold textiles and footwear. Medium enterprises have until July 2030. Companies must publish annual disclosures including the number and weight of discarded unsold goods, reasons for disposal, and what proportion went to reuse, recycling, or destruction.
In February 2026, the Commission adopted the Disclosures Implementing Act standardising the reporting format for these disclosures. The era of quietly shredding last season's stock is over.
Penalties for Non-Compliance
ESPR requires Member States to establish national penalty frameworks by 19 July 2026. Penalties must be effective, proportionate, and dissuasive, calibrated to:
- The nature, gravity, and duration of the infringement
- Economic benefits gained through non-compliance
- Environmental damage caused
Minimum penalty types include financial fines and time-limited exclusion from public procurement. Member States can add administrative fines, market withdrawal orders, product bans, and revocation of CE marking.
Under the previous Ecodesign Directive, Germany imposed fines up to €50,000 per incident. ESPR's expanded scope — and the political priority of sustainability — suggests penalties will be significantly higher.
Enforcement sits with Market Surveillance Authorities in each Member State, backed by customs authorities at EU borders and Commission oversight through the ESPR Forum.
How ESPR Connects to Other EU Regulations
ESPR doesn't exist in isolation. It's the legislative backbone of the EU's Circular Economy Action Plan — which our research shows requires concrete product identity implementation — and connects to several other major regulations:
- Battery Regulation (EU) 2023/1542 — ESPR directly amends this regulation. Battery passports are a DPP implementation.
- EU Textile Strategy — ESPR provides the legal framework for textile sustainability requirements, including Extended Producer Responsibility fee modulation.
- REACH — Hazardous substance declarations in the DPP link directly to REACH's candidate list of Substances of Very High Concern.
- WEEE Directive — ESPR addresses product design upstream; WEEE handles end-of-life collection and recycling downstream.
- Corporate Sustainability Reporting Directive (CSRD) — DPP data feeds into corporate sustainability disclosures.
For manufacturers, this means compliance is not a single checkbox. It's a connected set of obligations that flow through the entire product lifecycle.
The DPP Landscape: Four Approaches Compared
The Digital Product Passport market is growing fast, and manufacturers face four distinct approaches — each with different trade-offs.
DPP Readiness Matrix
| Approach | Compliance Depth | Customer Value | Cost Range | Best For |
|---|---|---|---|---|
| Supply chain traceability (Scantrust, Kezzler, Circularise) | High | Low | €30K–€150K/year | Brands needing upstream provenance data for auditors |
| Connected product platforms (Digimarc, Blue Bite) | Medium | High | €100K–€500K+ setup | Global brands with six-figure budgets and existing NFC/QR programmes |
| ERP bolt-ons (SAP, Infor modules) | Medium | Low | Included in ERP license | Enterprises already on these platforms |
| Post-purchase OS (BrandedMark) | High | High | Free tier → £399/mo | Mid-market manufacturers wanting compliance + customer engagement |
The compliance-only trap. Traceability platforms like Scantrust and Kezzler treat the DPP as a regulatory checkbox — a data repository for auditors and authorities. They store material composition and generate compliant records. What they don't do is make the DPP useful to the person who actually scans the QR code: your customer.
The enterprise-only problem. Platforms like Digimarc and Blue Bite offer sophisticated connected product experiences, but they're engineered for global brands with six-figure implementation budgets. A mid-market furniture manufacturer doesn't need a 12-month enterprise rollout — they need a DPP that works next quarter.
The ERP extension gamble. Some manufacturers assume their existing ERP will handle DPP. SAP and Infor are adding modules, but these focus on data storage and reporting — not consumer-facing experiences. The DPP QR code on your product needs to serve customers, repairers, and recyclers, not just your compliance team.
The customer touchpoint approach. The companies that treat the DPP as a customer engagement channel — combining compliance data with setup guides, warranty registration, and aftersales services — recover their investment faster through reduced support costs and increased spare parts revenue. The regulation requires a QR code on every product. That code will be scanned. The question is whether your customer finds a wall of regulatory data or an experience worth returning to.
What Should Manufacturers Do Now?
ESPR is in force. The framework law is final. While most product-specific delegated acts are still in development (March 2026), waiting until they're published means you'll be scrambling.
Immediate Actions (Now – Q3 2026)
- Audit your product data — Do you know the material composition, recycled content, and carbon footprint of every product? Most manufacturers don't. Start closing the gaps.
- Map your supply chain — DPPs require data from upstream suppliers. Build the relationships and data pipelines now. Our DPP readiness checklist breaks this down step by step.
- Evaluate DPP infrastructure — You'll need a system that generates, stores, and serves Digital Product Passports at scale. QR codes on every product. Machine-readable data behind every code.
- Track delegated act development — Monitor the Commission's progress on your product categories. The EU Green Forum publishes updates.
Medium-Term (Q4 2026 – 2028)
- Implement product-level serialisation — Some categories will require item-level (not just batch-level) DPPs. Your production line needs to support unique identifiers.
- Redesign for repairability — Repairability scores will be public. If your product scores poorly, consumers and regulators will notice. Furniture manufacturers should start now: DPP requirements for furniture are arriving in 2028.
- Build consumer-facing experiences — The DPP QR code is the first time most consumers will interact with regulatory product data. Make that experience useful, not just compliant.
How BrandedMark Helps
BrandedMark is a post-purchase operating system that treats the DPP as the starting point of a customer relationship — not a compliance deliverable.
- DPP + product registration in one scan — the same QR code that satisfies ESPR also captures the owner, creates the warranty record, and opens a direct channel to your customer
- Tiered access built in — consumers see setup guides and warranty status; repairers get spare parts and service manuals; authorities get full compliance data
- Ownership transfer — when the product changes hands, the DPP record follows via passkey-based authentication, keeping your data current across the product's full lifecycle
Most DPP platforms solve compliance. BrandedMark solves compliance and the post-purchase relationship gap that costs manufacturers customers, spare parts revenue, and product intelligence every year.
ESPR compliance deadlines are approaching. Contact BrandedMark to see how a Digital Product Passport platform can prepare your products for the new era of European regulation.