Regulation (EU) 2024/1781, the Ecodesign for Sustainable Products Regulation (ESPR), sets a framework for product sustainability requirements but does not itself specify what those requirements are for most product groups. Instead, Article 1(1) establishes the framework, and Article 4 gives the Commission power to adopt product-specific ecodesign requirements through what are called ESPR delegated acts, and Article 9(2) provides that the Digital Product Passport (DPP) requirements for a product group are specified in those acts. Understanding how those acts are made, and when they take effect, is the starting point for any compliance plan.
What Is an ESPR Delegated Act?
A delegated act is a non-legislative act of general application. Article 290(1) of the Treaty on the Functioning of the European Union (TFEU) defines it as an act the Commission adopts under a power that a legislative act explicitly delegates, used to supplement or amend non-essential elements of that legislative act. ESPR is the legislative act. The Commission uses delegated acts under Article 4 to fill in the product-specific detail.
Delegated acts do not bind anyone on the day the Commission adopts them. An ESPR delegated act enters into force only if neither the European Parliament nor the Council objects within two months of notification. Either institution can extend that period by a further two months. The act can also enter into force earlier if both the Parliament and the Council inform the Commission before the period expires that they will not object. This is set out in Article 72(6) of Regulation (EU) 2024/1781. Once in force, a delegated regulation is, under Article 288 TFEU, binding in its entirety and directly applicable in all Member States, within the limits of the delegation.
An ESPR delegated act can cover one product group, several product groups together, or set horizontal requirements that cut across product categories. Article 4 empowers delegated acts, and Article 5(7) allows horizontal ecodesign requirements to be set for two or more product groups with similar characteristics.
Readiness Assessment
Find out if your operation is ready for EU DPP compliance.
Five questions, about two minutes. You get a score for each area and a numbered action plan for the gaps.
Score Your ReadinessHow the Commission Prepares and Adopts an ESPR Delegated Act
The process has several defined steps, though ESPR sets no fixed duration for preparatory studies or consultations.
Before adoption, the Commission must consult experts designated by each Member State. Article 72(4) of Regulation (EU) 2024/1781 requires this. The Ecodesign Forum, established under Article 19, contributes to preparing ecodesign requirements. In addition, point 28 of the Interinstitutional Agreement of 13 April 2016 on Better Law-Making commits the Commission to gathering expertise, including through public consultations, before it adopts delegated acts.
After the Commission adopts the act, it notifies the European Parliament and the Council under Article 72(5). The scrutiny period then runs as described above. If neither institution objects, the act enters into force. It then applies from the date it sets, which is a separate question from entry into force.
A concrete example shows how this works in practice. Delegated Regulation (EU) 2026/296, adopted under Article 25(5) of ESPR, sets derogations from the prohibition on destroying unsold consumer products. The Commission adopted it on 9 February 2026. It was published in the Official Journal on 22 April 2026, entered into force on the twentieth day after publication, and applies from 19 July 2026.
When Does an ESPR Delegated Act Apply to Your Products?
Entry into force and the date of application are not the same thing. Article 4(4) of Regulation (EU) 2024/1781 states that the date of application set in a delegated act cannot be earlier than 18 months after that act enters into force. There are two exceptions: where duly justified cases exist for the whole act or for specific requirements, and in cases of partial repeal or amendment of delegated acts, where an earlier date may be set. The 18-month period runs from entry into force, not from the date the Commission adopted the act. Article 4(4) also requires the Commission to give economic operators sufficient time to comply, taking particular account of SMEs.
For product groups where no delegated act has yet been adopted or entered into force, the date of application cannot be stated as a confirmed fact. The correct way to describe it is: the date will be set in the ESPR delegated act for that product group; under Article 4(4) of Regulation (EU) 2024/1781 it cannot be earlier than 18 months after that act enters into force, except in duly justified cases or in cases of partial repeal or amendment of delegated acts.
The Commission may adopt delegated acts for different product categories at different times. A manufacturer producing both textiles and electronics may face two different mandatory application dates, one for each product group, depending on when the relevant delegated acts enter into force.
The Working Plan: Which Products Come First?
Article 18(3) of Regulation (EU) 2024/1781 requires the Commission to adopt and publish a Working Plan listing which product categories are prioritised and the estimated timelines for delegated acts. The first Working Plan, published as COM(2025) 187 and adopted on 16 April 2025, prioritises categories including iron and steel, aluminium, textiles, and furniture. The timelines in that document are indicative adoption years, not confirmed dates. They reflect the Commission’s planning at the time of publication and may change.
Manufacturers should treat the Working Plan as a signal of sequencing, not a compliance calendar. The binding dates come only from the delegated acts themselves, once adopted and in force.
What ESPR Already Requires, Without a Delegated Act
Not every ESPR obligation waits for a delegated act. The regulation imposes some requirements directly, and two are already in effect.
Article 25(1) has prohibited destroying the unsold consumer products listed in Annex VII since 19 July 2026. Micro and small enterprises are excluded. Medium-sized enterprises are covered from 19 July 2030.
Article 24(1) requires economic operators that discard unsold consumer products to disclose each year the number and weight discarded, the reasons, and related information. This obligation starts with the first full financial year during which ESPR is in force. Micro and small enterprises are excluded. Medium-sized enterprises are covered from 19 July 2030.
These two obligations apply regardless of whether a delegated act has been adopted for a given product group. They are direct requirements of the regulation itself.
What an ESPR Delegated Act Can Require for Digital Product Passports
Article 9(2) of Regulation (EU) 2024/1781 provides that the DPP requirements laid down in a delegated act adopted under Article 4 specify, as appropriate for the product groups covered, the matters listed there. Those requirements can specify what information the passport must contain, who can access which parts of it, how it is structured, and how it links to a data carrier on the product. The ESPR Regulation 2024/1781: full overview sets out the full scope of what delegated acts can cover under the framework.
Until a delegated act for a specific product group is adopted and in force, there is no binding DPP requirement for that group under ESPR. Some product groups already have DPP requirements under separate legislation. Batteries are the clearest example: Regulation (EU) 2023/1542 sets its own passport requirements independently of ESPR. Toys will be covered from 1 August 2030 under Article 19 of Regulation (EU) 2025/2509. For product groups covered only by ESPR, the delegated act is the trigger.
What This Means for Your Compliance Planning
The practical consequence of this structure is that compliance timelines are product-specific and staggered. A company selling multiple product lines into the EU market needs to track the Working Plan, monitor when delegated acts are adopted for each relevant product group, and count the 18-month minimum application period from entry into force, not from the Commission’s adoption date.
The scrutiny period adds further time between adoption and entry into force. Outside the exceptions, the gap between the Commission adopting a delegated act and the date manufacturers must comply is at least 18 months after entry into force, which itself follows the scrutiny period, but Article 4(4) sets only a floor, not a ceiling. A delegated act could set a longer period if the Commission judges that SMEs or the complexity of the requirements warrant it.
Companies should also watch for horizontal delegated acts, which Article 5(7) permits. A horizontal act could set DPP requirements that apply across multiple product groups at once, potentially affecting manufacturers who are not yet tracking a specific product-group delegated act.
Finally, the direct obligations under Articles 24(1) and 25(1) apply now to economic operators that are not micro, small or medium-sized enterprises. Micro and small enterprises are excluded, and medium-sized enterprises are covered from 19 July 2030 for those two provisions. These are not deferred by the absence of a delegated act.
If you want to see how Traceable maps these requirements to your product data before your delegated act enters into force, register for a free trial. You can test the platform against your actual product lines and identify gaps before the compliance clock starts.
