The Ecodesign for Sustainable Products Regulation (ESPR), put into effect on the 13th of June, 2024 and made effective on July 18, 2024, introduced the concept of a Digital Product Passport as a tool to facilitate sustainability at a granular level. All businesses selling into the E.U. market must be familiar with the ESPR and how the so-called Digital Product Passport regulation, and all related regulations, have changed the requirements for selling products in the E.U.

The common theme among regulations like the European Circular Economy Action Plan (CEAP), the European Ecodesign Requirements for Sustainable Products (ESRP), and similar regulations like the Food Safety Modernization Act (FSMA) and California’s SB 707 (Responsible Textile Recovery Act) in the United States, is that they establish the requirement for a lifecycle management framework. Lifecycle management frameworks depend on a method for recording details related to the lifecycle of a product and a method for associating those details with granularity to the individual unit. Outside of Europe, FSMA is gaining attention around how traceability and labeling requirements need to be used to gain compliance for all food sold in the U.S., whether imported or domestically produced., while California’s SB 707 is set to extend producer responsibility for all textiles manufactured and sold in California.  Regulations that are specific to items sold in North America, including the United States, Canada, and Mexico, are not the focus of this article, but businesses selling products in several markets should consider regulations that frequently must be complied with alongside the latest European regulations. Although one region or another’s regulations will include distinct purposes and applicability, preparing for regulatory compliance with a Digital Product Passport will typically prepare companies for complying with requirements in disparate jurisdictions. That’s because solutions for compliance will largely be built on similar lifecycle management frameworks. This article’s focus is on the so-called Digital Product Passport Regulation with immediate relevance to companies selling in the E.U.

The first thing to know about the Digital Product Passport is that there is actually no such thing as an E.U. Digital Product Passport Regulation. Instead, the concept of the DPP falls under the broader directive of the EU’s Circular Economy Action Plan (CEAP), which aims to establish a circular economy and encourage sustainable practices throughout product lifecycles. The ESRP includes requirements for the adherence to and the creation of a digital product passport system, which is a tool designed to apply across various industries and with each of several industries having specific and distinct compliance dates and criteria.

Digital product passports are a dynamic solution, enabling products to carry a digital record of their lifecycle, traceability, environmental impact, and other significant data points. They are not a physical label but an integrated digital system for real-time, traceable information provided throughout a product’s lifecycle. This will be made accessible to consumers, retailers, recyclers, and regulators. Each DPP is unique to its product and records information from its creation to end-of-life. It is critical for companies to understand that DPP compliance is not a single action but instead it is an ongoing process.

The timeline for DPP implementation in Europe is rapidly approaching:

• April 19, 2025: The first working plan for DPP requirements will be adopted, defining further details for implementation. Article 12 of Regulation (EU) 2024/1781 provides tangible guidelines for how the DPP framework will be deployed and in Article 18 it’s explained that on this date mandatory compliance goes into effect. Specific areas of compliance will depend on the product type and there will be delegated acts that will include details that are particular to product categories.
• July 19, 2026: The digital registry will be established, acting as the centralized repository for all DPP data within the EU.

Across industries, the requirements for implementing a digital product passport are designed to promote product transparency and sustainable lifecycle management. Key requirements include:

1. Traceability of Materials
   Information on sources of raw materials, including environmental and social impact data, must be documented.
2. Product Lifecycle Data
   A DPP must include records of all lifecycle stages: manufacturing, shipping, sale, maintenance, repair, reuse, recycling, and disposal.
3. Environmental Impact Reporting
   Product passports must track carbon footprints and other environmental impact metrics, especially for products like batteries.
4. Consumer Information
   DPPs should provide consumers with information about product longevity, repair options, and environmental impacts.

All products and categories sold in the European Union will be regulated by the Ecodesign for Sustainable Products Regulation. The first working plan, released on April 19, 2025, was originally meant to include the following product categories:

• Iron and steel
• Aluminium
• Textiles (in particular garments and footwear)
• Furniture (including mattresses)
• Tires/tyres
• Detergents
• Paints
• Lubricants
• Chemicals
• Energy related products for which ecodesign requirements are to be set for the first time or for which existing measures adopted pursuant to Directive 2009/125/EC are to be reviewed under ESPR
• Information and communication technology products and other electronics

Despite those products being cited earlier in the ESPR as part of the first working plan, when the working plan was released on April 15, 2025 a few days ahead of schedule, the first working plan list had changed to include a more focused group of products, along with new timelines. The first working plan specified the following, focused products and timelines, grouped into three categories: four final products, two intermediate products, and two legal acts setting horizontal requirements.

• The four final products include:
  • Textiles/Apparel (working in synergy with the Textile Labeling Regulation that is currently still under review). Adoption for textiles is set for 2027.
  • Furniture. Adoption for furniture is set for 2028.
  • Tyres /tires (are already regulated by EU 2020/740 but the working plan aims to improve recyclability and end-of-life waste management). Adoption for tyres /tires is set for 2027.
  • Mattresses. Adoption for mattresses is set for 2029.
• The two intermediate products are Iron & Steel (1) and Aluminum (2).
  • Adoption for Iron & Steel is set for 2026.
  • Adoption for aluminum is set for 2027.
• The two legal acts setting horizontal requirements include repairability, including scoring. Repairability could include products such as consumer electronics and small household appliances. The second legal act is for recycled content and recyclability of electrical and electronic equipment. This one is expected to have the most impact on increasing circularity of critical raw materials used in products.
  • Adoption for repairability requirements is set for 2027.
  • Adoption for recycled content and recyclability of electrical and electronic equipment is set for 2029.

These are the priority industries that were chosen based on where European Commission research showed the greatest potential for gains toward sustainability in the E.U. and indeed globally. Additional delegated acts are forthcoming, but the timelines indicate that some of the biggest industries in the world should continue to invest time into a program that ensures compliance. For the textile and apparel industry, especially clothing and footwear, the Textile Labeling Regulation will be important to stay abreast of. Producers selling in California will also want to keep track of California’s SB707 regulation which has strict collection requirements for producers above minimum production thresholds.

The details of product specific delegated acts are not all known, but they also aren’t a complete mystery. The following list is from the ESPR preliminary study on new product priorities, published at the end of January, 2023, and describes potential measures for the textile industry. Several of these will have a direct correlating component that will be reflected in the DPP for textiles requirements and will also give other industries an idea of how they should be preparing for their own regulatory compliance with corresponding timelines indicating degrees of urgency:

• Performance requirement on minimum recycled content in textiles and footwear
• Performance requirement on design ensuring easy recyclability of the product at the end of its useful life
• Performance requirement on design ensuring the durability of the textile products or footwear
• Performance requirement on maximum limit of chemical consumption related to the production of one kg or unit of product
• Performance requirement on design for reliability (shed-resistance to release of microplastics)
• Performance requirement on design for minimising water consumption during the use of the product
• Performance requirement on minimum percentage of recycled content in product packaging
• Performance requirement on limiting the number of materials used in a single product
• Performance requirement on use of component and material coding standards for the identification of
• Components and materials in clothing items
• Performance requirement on design techniques that ease non-destructive disassembly and re-assembly of specific components in clothing items
• Performance requirement on use of standard components for those parts that are prone to breaks
• Performance requirement of use of modular design in clothing items
• Performance requirement on restricting the use of certain materials or manufacturing practises
• Performance requirement on minimum durability of the product (during under normal conditions of use)
• Performance requirement on minimum reliability (e.g. resistance to shrinkage/weathering)
• Performance requirement for use of component and material coding standards for the identification of components and materials for reuse or recycling
• Information requirement on how to manage the textile or footwear at the end of its lifetime
• Information requirement on the possible lifetime of the textile or footwear
• Information requirement on minimum recycled content in textiles and footwear
• Information requirement on possible release of non-biodegradable microplastics
• Information requirement on percentage of recycled content in product packaging;
• Information requirement on how to use the product to avoid its premature substitution/replacement (or of its components)

The CEAP requirements do not affect all industries equally in terms of urgency. Electronics, batteries, textiles, construction materials, and automotive components will each be affected by separate delegated acts despite all being regulated by the Circular Economy Action Plan and the delegated Ecodesign for Sustainable Packaging Regulation. Here are a few dates and notes, broken out by industry, relative to the requirements within these interrelated frameworks:

1. Electronics
   • Important upcoming dates: TBD.
   • Implications: The ESPR went into force on July 18, 2024 and implicated the electronics industry by name. Detailed documentation on components, sources of raw materials, repairability, and end-of-life recyclability will be required, though they are not mandatory at the time of the ESPR going into force. Electronics will need to be equipped with a product passport that contains maintenance, repair, and recycling information. There is also a very important detail with regard to electronics companies that must be considered urgently, particularly for large electronics companies. Originally the plan to ban the destruction of unsold consumer products would be active from July 19, 2026. This was also meant to apply to clothing and footwear for medium-sized companies (defined by the European Commission) from July 19, 2030 with exceptions for micro and small enterprises. The ESPR also stated that the first working plan, which was already released on April 15, 2025, should consider the prohibition of destruction of unsold goods that are categorized as electronics. In fact, the first working plan has delayed any bans on the destruction of unsold goods citing that “it is premature because the insights gained from implementing the mandatory disclosure of information on the destruction of unsold consumer products (that will provide basis for any bans in the future working plans) are not yet available.”
2. Batteries
   • Important dates: February 18, 2024, February 18, 2025; July 19, 2025; July 19, 2026; February 18, 2027; February 18, 2029

   • Implications: The first and most important thing for battery manufacturers is that according to Regulation 2023/1542, from February 18, 2027 each light electric transport battery (LMT), each industrial battery with a capacity greater than 2 kWh, and each electric vehicle battery placed on the market or put into service is required to have a battery passport. But there are important dates to note before that compliance date.

      

     The commission adopted delegated act 2023/1542 on July 12, 2023, which includes requirements for carbon emission declarations of electric vehicle batteries and went into force on 18 February 2024. The carbon footprint declaration must be drawn up for each battery model per manufacturing plant, with declaration dates set for 18 February 2025 for electric vehicle batteries, 18 February 2026 for rechargeable industrial batteries (except those with external storage), 18 August 2028 for LMT batteries, and 18 August 2030 for industrial batteries with external storage. It is important to note that these are specifically the dates by which manufacturers must submit their carbon footprint declarations — broader compliance obligations, including carbon footprint performance class requirements and maximum lifecycle carbon footprint thresholds, follow on separate and later timelines.

      

     Adding to these obligations, the EU Commission has published a new draft implementing regulation on battery labelling. Electric vehicle batteries, rechargeable industrial batteries exceeding 2 kWh, and LMT batteries must carry a visible, legible, and indelible label indicating their carbon footprint performance class. This label must also be included in the publicly accessible section of the battery passport. More broadly, all batteries must display general information as required under Article 13, including the presence of any hazardous substances beyond mercury, cadmium, and lead. Labels must generally be printed or engraved directly on the battery, though where this is not feasible, they may appear on packaging or accompanying documentation.

      

     The battery passport mandate comes into force on 18 February 2027, at which point all relevant batteries must be accompanied by a digital passport accessible via QR code. The EU-wide DPP Registry is set to go live on 19 July 2026 — giving manufacturers approximately seven months to begin registering their product data before the compliance deadline. While manufacturers are not required to have their battery passports fully in place until February 2027, it is strongly advisable to begin preparing and organising product data well in advance. Companies that have their data ready when the registry opens will be able to start populating their battery passports immediately, giving them a significant head start over those who wait until closer to the deadline. Finally, Regulation 2024/1257 introduces the concept of an “Environmental Vehicle Passport,” which may implicate batteries as critical elements in the automotive industry.

3. Textiles and apparel
   • Important dates: 2026-2027
   • Implications: Updated from the old Textile Labeling Regulation (No 1007/2011), textile labeling now includes information on recycled content, origin, and environmental impacts.
   • Textiles and apparel have the highest priority in the first working plan released on April 15, 2025. As a DPP is required for traceability and lifecycle data, textile companies should already be well on their way to setting up systems that will accommodate DPPs for clothing and footwear.
4. Construction Materials
   • Important dates: July 19, 2025, 2026, December 31, 2028 – January 1, 2030
   • Implications: The list of products to included in the first working plan released on April 15, 2025 includes iron and steel and not cement. That’s largely because the revised Construction Products Regulation (CPR) Regulation 305/2011 continues to be the main tool for addressing the sustainability of construction products but construction products also fall within the scope of the ESPR. The ESPR functions as a safety net for setting requirements in case the revised Construction Product Regulation hasn’t achieved the intended results. This means that construction companies should be preparing a product passport for their products. These passports will have some similar requirements to the already delegated acts related to textiles and batteries, though carbon emissions associated with production will be emphasized. Construction products already have a declaration of performance and CE marking requirement, which are referred to in 305/2011, these declarations will be expanded. In short, if there is a declaration of performance, then you must expect to add a CE marking on the product. Delegated Regulation 157/2014 covers using digital means to deliver the declaration of performance for construction products, such as would be accessible through a QR code. In terms of the current requirements, Regulation 305/2011 states “at least one of the essential characteristics of a construction product which are relevant for the declared use or uses should be declared.” The ESPR includes a specific clause addressing cement products because of its CO2 intensive production process. That’s where the date range December 31, 2028 – January 1, 2030 comes into focus as very important for cement producers: the ESPR states that cement will get its own delegated act if the determination is that the current CPR doesn’t adequately address the goals of the ESPR. In conclusion, cement producers can bet that they’ll need to add product passports that are in line with the other already delegated acts. In the meantime, iron and steel are already part of the April 15, 2025 first working plan with a high priority and an adoption timeline specified as 2026.
5. Lubricants
   • Important dates: TBD
   • Implications: Lubricants were in the first working plan to be released on April 19, 2025 with the first delegated act released not entering into force before July 19, 2025. We’ve now seen that the first working plan does not include lubricants as of the April 15, 2025 working plan document release. The first working plan will include the ecodesign requirements for lubricants though. Based on what the ESPR states, we know that the ecodesign requirements will include the need to establish performance requirements, such as minimum recycled content or limits on energy consumption, requirements to phase out non-sustainable products, information requirements to educate consumers on sustainable choices, requirements for labels, product passports, or the disclosure of substances of concern. The best thing to do is for lubricant companies to get their packaging and product marking ready as soon as possible to onboard the required information as it becomes a requirement.

Under Regulation (EU) 2023/1542, batteries are one of the first products requiring detailed DPPs. Key requirements for battery DPPs, as listed in Article 7, include:

• Carbon Footprint: A comprehensive assessment of the product’s carbon footprint across its lifecycle, from raw material sourcing to disposal.
• Chemical Composition: Transparent information on the chemicals within the battery and their potential environmental impacts.
• End-of-Life Processing: Clear guidelines for recycling or disposal to minimize environmental harm.

Battery manufacturers selling in the EU market should know that Regulation (EU) 2023/1542 establishes the method for calculating the carbon footprint of a battery:

Carbon Footprint (kg CO₂/kWh) = Total CO₂ emissions (kg) / Total energy delivered over product life (kWh)

Where:

• Total CO₂ emissions (kg): The estimated amount of carbon dioxide emissions produced during the battery’s entire lifecycle, including manufacturing, usage, and disposal.
• Total energy delivered over product life (kWh): The estimated total energy output the battery can deliver over its entire usable life, calculated as: Battery capacity (kWh) × Number of charge cycles.

This provides the carbon footprint per unit of energy delivered by the battery over its lifetime — a core battery DPP requirement. It is worth noting that the carbon footprint label must also be included in the publicly accessible section of the battery passport, and its format will be harmonised across all battery categories covered by Article 7 to ensure consistent implementation across the EU market.

The DPP requirements for textiles are also evolving. These requirements aim to replace the outdated Textile Labeling Regulation (No 1007/2011) with a system that promotes transparency, recyclability, and environmental accountability. Minimum requirements include:

• Recycled Content Information: The percentage of recycled fibers used in the textile product.
• Production Information: Details on where and how the product was made, promoting fair labor practices and sustainability.
• Environmental Impact Metrics: Data on water usage, carbon emissions, and other environmental factors.

Not everything that is placed in the E.U. market will require a Digital Product Passport, according to the description in the ESPR. Some item categories are excluded from needing a DPP because they are not regulated by the requirements of the ESPR. Other items will need a DPP, but the requirement details for that DPP aren’t determined in the ESPR. That might be confusing at first, but keep in mind that there are category specific regulations when it comes to DPPs. The following includes categories that are strictly not included:

• Products with short lifespans (e.g., single-use plastics, certain low-value textiles). These won’t need a DPP at all.
• Non-repairable items. These don’t need a DPP at all.
• Perishable goods, such as food items not part of a reusable packaging system. No DPP needed.

The following items are not regulated directly by the ESPR because they have requirements that are meant to be specified in their own delegated acts.

• Cars. It’s important to make the distinction between vehicles as a whole product and the components of such vehicles. The ESPR does not apply to vehicles per Regulation 167/2013, Regulation 168/2013 and Regulation 2018/858. Batteries used in vehicles though, namely with a capacity over 2 kWh, have their own E.U. regulation 2023/1542. As a result, batteries are certainly not excluded from having a DPP, but the details are in their own battery related regulation.
• Packaging. Packaging also has its own regulation: the Packaging and Packaging Waste Reduction Regulation, that was proposed in April 2024. This new regulation does not yet have a regulation number because it hasn’t been finalized. Despite that, there is a clear relationship between the ESPR, which includes the need for DPPs, and the Packaging and Packaging Waste Reduction Regulation (PPWR).
• Construction Products. Similar to the situation with regard to packaging, construction products are technically not regulated by the ESPR. The DPP for construction items is going to be described in a revised construction products regulation that has not yet been released.

The exclusions cited above reflect the acknowledgement that implementing DPPs for certain low-value or non-durable goods would be economically or technically impractical. Most importantly though, some of these categories are regulated by distinct, specific E.U. regulations. The ESPR is meant to act as a sort of trapeze net to cover rules that are not already covered in industry specific regulations. The ESPR isn’t meant to take precedence over those industry specific regulations.

As the compliance deadlines for DPPs draw closer, companies must prepare by implementing necessary tracking systems, software solutions, and internal processes to meet regulatory requirements. A proactive approach not only ensures adherence to the law but also enhances transparency, builds consumer trust, and contributes to a sustainable economy.

NB: more information will be added to this article as the regulation develops and more details are released.