Digital Product Passport: Some things get clearer thanks to a new FAQ document of the European Commission
A Closer Look at the Digital Product Passport
As a legislative project, it was first outlined in the EU Battery Regulation. Then, in March 2022 a legislative proposal for an Ecodesign Requirement for Sustainable Products (ESPR) followed which finally entered into force on 18th July 2024 as the Regulation (EU) 2024/1781.
The ESPR regulation will introduce the DPP for selected product groups (such as textiles, electronics, furniture, construction products) in 2027. It lays the legal foundations for the DPP but at the same time leaves a lot of important questions open. A fuller picture is expected once the EU Commission issues accompanying delegated acts, which may still take some time. This lack of information creates a certain tension in many industries since companies are not quite sure what to expect and how to prepare.
However, a recently published FAQ document by the European Commission provides valuable insights.
Here are the key takeaways:
Third party certification or a conformity assessment on the information disclosed in the DPP
This may vary depending on the product group and the type of information to be included in the Digital Product Passport (DPP). In the upcoming years, as outlined in the ESPR working plan, the Commission will propose specific requirements for product groups or cross-cutting measures through delegated acts. These requirements will also establish information criteria, specifying the data to be included in the DPP for each product group.
DPP-system, i.e. the technical infrastructure allowing the DPP to work
Work is already underway. The IT architecture for the Digital Product Passport (DPP) will be based on harmonized standards currently being developed by the European Standardisation Organisations CEN and CENELEC, with completion expected by the end of 2025. In the coming years, the European Commission plans to adopt up to five delegated and implementing acts under the ESPR, utilizing these standards and, if needed, common technical specifications to establish various components of the DPP IT architecture.
Official DPP templates
No template or tool is currently available or planned. The development of such a template would largely depend on the requirements set out in individual delegated acts for specific product groups or horizontal measures. However, there will be minimum content requirements for DPPs tailored to specific product groups. It is anticipated that service providers will incorporate such templates into their offerings.
Data carriers for DPP
Requirements for data carriers will be defined in delegated acts, considering the specific characteristics of each product group. Relevant standards are currently being developed. The impacts of various data carriers, such as those related to recyclability or waste generation from NFC (near-field communication) physical circuits, will be carefully evaluated.
Upstream operators‘ data for a downstream product
When upstream information is required, it is the responsibility of the economic operator placing the product on the market to ensure that their suppliers provide this information, include it in the Digital Product Passport (DPP), and verify its accuracy and completeness. This obligation also applies to products imported from third countries. The responsibilities of suppliers in this context are outlined in Article 38 of the ESPR.
DPP for complex products
If components are covered by a separate delegated act, they may require their own individual DPP. In such cases, the DPPs of the various components would be connected to the DPP of the overall product.
DPP for products imported from outside the EU
Products imported into the EU market must also be accompanied by a Digital Product Passport (DPP). In such cases, the economic operator responsible for placing the product on the EU market will be accountable for ensuring the availability of the DPP.
What Can Companies Do Now?
The amount of regulatory information available about the DPP is still insufficient, in spite of the recent FAQs from the European Commission. Even though some things have become clearer now, delegated regulations defining the required content of DPPs for various product categories are still outstanding and are expected to appear in the Q3-Q4 of 2025.
What companies can start doing now is e.g. an assessment of their current supply chain data, identify problematic areas where information is missing, as well as staying informed and keeping track of updates from the European Commission about new public consultations and draft regulations.
Conclusion
In spite of those and many other questions answered by the EU Commission, there is still the need for more clarity on the market. The sooner the delegated acts appear, the better for the industry. What companies can do in the meantime is to try to understand what supply chain data they already have. In many cases, the data is there, but in different silos and systems. This exercise will also help them to identify what data they do not have. With this knowledge, a reaction will be easier as soon as more legislative details appear.
EFS Consulting specializes among others in the area of product compliance in the EU and worldwide. We help companies to understand and tackle various regulatory requirements. At the same time, we run a regulatory monitoring system to detect new/changed regulations in time.