ESPR delegated acts: details in stages
Many businesses ask why the DPP requirements for their product are still not known. The answer lies in how ESPR is built: the regulation itself is a framework, and the detail comes from delegated acts. This article explains how that mechanism works and why the detail arrives in stages.
ESPR is a framework, not a ready list of requirements
ESPR (the Ecodesign for Sustainable Products Regulation, 2024/1781) is a horizontal regulation. It establishes the Digital Product Passport mechanism itself, but does not on its own define which data fields a specific product must carry.
Those details — which products, what data, from when — are introduced by delegated acts adopted separately for individual product groups. That is why the requirements for batteries, detergents or furniture will differ despite the shared legal basis.
What a delegated act is
A delegated act is a rule the European Commission adopts under an empowerment set out in the main regulation. It lets technical detail be specified without changing the legal framework itself.
In the ESPR context, a delegated act for a given sector sets, among other things, the scope of required data, the level of detail (model, batch, item) and the rules for access to information. It is what turns a general framework into a concrete obligation.
Why the detail arrives in stages
Covering all products at once would be unworkable — every sector has different materials, supply chains and environmental goals. That is why the regulator chose a wave-based approach: successive product groups come into scope gradually.
This is a deliberate design, not a delay. It allows requirements to be refined sector by sector and gives companies time to prepare. We set out the full picture of the successive waves in the ESPR timeline.
What is known, and what is not
The state of knowledge differs sharply between sectors:
- Batteries have a confirmed passport obligation from 18 February 2027.
- Detergents are expected around 2029, and toys around 2030.
- Textiles, furniture, steel products and other groups have no binding dates yet.
Where a delegated act has not been adopted, any "specific date" is still indicative. It is worth distinguishing confirmed obligations from expected ones.
What it means for your company
The lack of final detail is no reason for inaction. The data structure you build today will be useful regardless of the final fields.
- Follow the work on the delegated act for your product group.
- Prepare the data almost certain to be needed: identity, composition, compliance.
- Do not wait for the last version of the rule to start tidying data.
- Distinguish confirmed obligations from those still expected.
If you want to check which wave your product might fall into, start with Does your product need a DPP?, and find the wider context in ESPR explained.
How a delegated act comes about
A delegated act does not appear overnight. The Commission prepares it on the basis of analysis, consultation with experts and input from stakeholders, including industry. The process has its stages, and a draft is often published for comment before it becomes binding.
For a company that is a window of opportunity. Following the work early lets you not only prepare data but also better understand the direction of requirements before they are fixed. It is worth watching the announcements and consultations for your own sector.
Why a flexible data structure pays off
Because the final fields may still change, flexibility is key. Rather than building a rigid form around one draft version, it is better to maintain a tidy, well-described data set that can be extended.
This approach guards against having to start from scratch once the act is adopted. Data once organised — identity, composition, compliance documentation — will be useful whatever the final shape of the rule.
Key takeaways
- ESPR is a framework; the detail of requirements comes from delegated acts for each sector.
- A delegated act sets the data scope, the level of detail and the access rules.
- The detail arrives in stages — a deliberate design, not a delay.
- Batteries have a confirmed date; detergents and toys are expected; many groups have none.
- It pays to prepare data now, despite the absence of final rules.
See how CyfroPass lets you build a Digital Product Passport flexibly, ready for the next delegated acts. Visit cyfropass.pl and start tidying your data before the rules for your sector take effect.