ESPR
What Is a Delegated Act, and How Does It Make the DPP Mandatory?
What a delegated act is in EU law, how it is adopted, and how it creates the Digital Product Passport obligation for a specific product group.
ESPR is a framework regulation and on its own imposes no Digital Product Passport duty on any product. The duty arises through secondary legislation called a delegated act — and understanding that mechanism explains why "when is the DPP mandatory?" has no single answer.
How a delegated act comes about
- Working plan: the Commission names priority product groups.
- Preparatory study: the JRC examines the group and proposes impacts and data content.
- Draft and consultation: public consultation, expert groups and WTO/TBT notification.
- Adoption: the Commission adopts the act.
- Scrutiny: Parliament and Council may object within a set period.
- Entry into force and transition: the act applies after publication and the transition clock starts.
A delay anywhere in that chain shifts the whole calendar — the first acts expected in late 2025 slipping into 2026 is a typical example.
What a delegated act contains
| Section | Content |
|---|---|
| Scope | Which products are in, which are out |
| Performance requirements | Durability, repairability, efficiency thresholds |
| Information requirements | The data fields the passport must carry |
| Access rules | Which data opens to which role |
| Conformity assessment | Declaration route and verification |
| Transition period | When the obligation starts |
See DPP data fields and ESPR ecodesign performance requirements.
Delegated or implementing act?
- Delegated act: supplements or amends non-essential elements of the regulation — for example, textile DPP data fields.
- Implementing act: ensures uniform application — for example, how the DPP Registry operates, or battery access rights.
Both are binding; they differ in legal basis and procedure.
When should you act?
The common mistake is waiting for publication. The transition period is designed for putting a system live, not for collecting data from scratch. A supplier data round alone takes three to nine months. See a 12-month DPP roadmap.
Frequently asked questions
Where can I follow draft delegated acts?
Public consultations on the Commission's "Have your say" portal and JRC preparatory studies are the earliest signals.
Can a published date still change?
Once an act is adopted, its transition period is fixed in the text. What usually moves is the adoption date itself.
What if no delegated act ever covers my product group?
Then no ESPR-based DPP duty arises for you. Customer contracts and adjacent legislation — batteries, packaging, construction — can still create demand.
