What can I do now while the rules are not yet final?

Preparation is possible now, even without definitive product rules

Even without the specific requirements for a product group already being established, there is already work to be done now: getting data about the supply chain in order, knowing where your own product stands in the European Commission's planning, and arranging the internal data organisation so that a product passport can be compiled quickly later. The ESPR itself (Regulation (EU) 2024/1781) is already in force as a framework regulation. What still needs to come are the delegated acts per product group: these determine which requirements will concretely apply to, for example, textiles, furniture or electronics, and when. These two things — the framework that is already in place, and the product-specific details that are still to come — are the distinction on which preparation is based.

For which companies and products this is relevant

This is relevant for manufacturers and importers of products that fall under one of the product groups to which the ESPR will ultimately apply, regardless of which sector they are in. The regulation works with a prioritisation: not all product groups receive their own delegated act at the same time, and Article 18 of the ESPR describes how the Commission determines that order and schedule. For some product groups, therefore, no concrete legislation is yet being drawn up, while for others the process is already further advanced. This also means where it does not apply: as long as no delegated act has been adopted for a product group, no concrete passport requirements yet apply to those products. The preparation described in this article is therefore not a substitute for those rules, but a way of not being caught off guard once they are in place.

When the first concrete requirements will come into effect

There is currently no fixed date on which requirements for a specific product group come into force; this is determined each time by the delegated act adopted for that group, and these processes do not all run at the same pace. What is established is that Article 18 of the ESPR describes the process by which the Commission draws up a work plan and prioritises product groups. As long as such a work plan and the associated delegated act for a product group have not been published, there is no moment for that group when the passport obligation becomes concrete. For an entrepreneur, this above all means that your own product group should be monitored rather than the ESPR as a whole: one may already be well advanced in the process, the other not yet.

What to do, in the order that is practical

As a first step, it is useful to check whether your own product group is already mentioned in the work plan that the Commission draws up on the basis of Article 18, and if so, which phase that process is in. This gives an indication of how much time is expected to be left, without being able to attach a firm date to it.

As a second step, it is practical to start gathering data that appears in virtually every product passport: origin of materials, composition, and information from suppliers and other supply chain partners. Article 38 of the ESPR describes which requirements will apply to actors in the supply chain, and these give a good picture of the type of information that will be needed later — even though the precise details per product group have not yet been established.

As a third step, it is advisable to set up internal processes: ensure that the systems in which product data are already kept (such as ERP or PLM systems) can export or provide that data at the moment the passport needs to be compiled. Whoever keeps this data structured now will not have to search afterwards for information that was available years ago but was not stored centrally anywhere.

As a final step, following publications on the progress of delegated acts is a way to avoid being surprised afterwards by an entry into force date. Those who already go through this route now only need to take the final step upon publication of the final requirements instead of starting from scratch.

What this is based on: Article 18 and 38 ESPR

Article 18 of the ESPR describes the process by which the European Commission draws up a work plan and prioritises product groups for the adoption of delegated acts. This means that not all product groups are dealt with at the same time, and that the order and planning are a fixed part of the process. Article 38 of the ESPR describes the requirements that will apply to actors in the supply chain, including the provision of information needed for a digital product passport. This provision gives, even in anticipation of the product-specific rules, a concrete picture of the type of data on which preparation can be focused.

If you want to start now, it is best to start by checking the status of your own product group in the work plan, and at the same time put your own supply chain information in order on the basis of what Article 38 describes as the starting point.

Where this is based on

The regulation itself is on EUR-Lex. We provide references for each claim; you do not have to take our word for it.

What you must do concretely

The ESPR is a framework regulation: the obligation to actually maintain a digital product passport for a product category only arises with a delegated regulation for that specific product category. For most product categories, that detailed regulation does not yet exist. This does not mean there is nothing to do. Article 18 of the ESPR (Regulation (EU) 2024/1781) describes how the European Commission prioritizes and plans product categories, and that order already gives a good picture of what is coming and when. Whoever is in a product category that ranks high on that list can use the time until the delegated regulation is in place to put their own data in order.

What is expected of you

Know where your product category stands in the planning

Article 18 of the ESPR (Regulation (EU) 2024/1781) sets out the system by which the Commission determines which product categories come first. For a company with 10 to 100 employees, this means above all: monitoring which work programmes and proposals appear for your own product category, and not waiting until the delegated regulation is final to look at it for the first time. Whoever handles textiles, furniture, tyres or another frequently mentioned product category can assume that attention will come there sooner than for less discussed groups. On Does the digital product passport apply to my products? is how to determine whether a product category is under consideration.

Have data in order, even without an obligation

Article 38 of the ESPR (Regulation (EU) 2024/1781) describes what information actors in the supply chain must be able to provide to each other once the requirements for a product category apply. This concerns origin, composition, and data needed to build a digital product passport. For a company with multiple suppliers and possibly multiple product lines, this means that its own administration must already align reasonably well with what will later be required — regardless of when the company's own product category is actually required to comply. Companies that already have visibility of material composition, origin and repair data will not have to catch up in that area when the actual obligation takes effect.

Test without obligation

Nothing prevents a company from experimenting with a digital product passport now, even if its own product category has not yet been designated. This is not a legal obligation but a practical choice. On can I make a test version of the product passport in advance is how such a pilot project can look without it immediately becoming a production system.

Involve staff in what is coming

A digital product passport affects not only the department responsible for compliance. Procurement, production and sometimes sales will be involved once data has to be collected and maintained. At a company of this size, this is usually a small group of people doing this alongside their other work, and that group benefits from clarity about who provides which data. See how do I prepare my staff for working with the product passport for how that is practically arranged.

Where things go wrong in practice

A common situation is that a company waits until the delegated regulation for its own product category is published, and only then discovers that suppliers cannot simply provide the requested data. Material composition that has never been recorded, or a supplier that is no longer reachable, then costs time that is no longer available.

Another situation: companies that carry multiple variants of the same product and do not take into account that those variants may not all be covered by a single digital product passport in the future. See can I use a product passport for multiple variants of the same product for how that issue relates to the classification of products.

It also happens that a company thinks the digital product passport is only an obligation, and pays no attention to what it delivers in terms of overview in its own chain. Whoever already builds insight into material flows, origin and repair data often uses that information for other purposes as well, such as purchasing decisions or communication with customers. That is elaborated on What does a product passport deliver besides being mandatory?

A fourth recurring point is lack of clarity about the costs of this preparation phase: companies defer investments because they think everything only needs to happen once the obligation becomes final, whereas part of the work — organizing data, setting up systems — is independent of the precise start date and must happen anyway. An indication of where the costs lie, is available on What does a product passport for products cost?

Finally: some companies wait and see because they think that starting early provides no advantage as long as their own product category has not yet been designated. On Is it wise to start before my product category is due? explains why that consideration is more nuanced than it appears.

What you can document

An overview of the own product categories and the status of the delegated regulation per category, maintained on the basis of the planning that follows from article 18 of the ESPR (Regulation (EU) 2024/1781).
A list of suppliers per product, with a note of which data (material composition, origin, repair information) are already available and which still need to be requested, in line with the purpose of article 38 of the ESPR (Regulation (EU) 2024/1781).
An internal agreement on who within the company is responsible for monitoring new delegated regulations.
Documentation of any pilot project with a digital product passport, including which data were used in it and which were missing.
A step-by-step plan for the organization, whereby How do I approach the product passport for products step by step? can serve as a starting point for the order of activities.
An overview of existing inventory and the question of whether and how it aligns with a future digital product passport, for which What do I do with stock of products that is already there when the rules come into force? describes an additional point of attention.

This is not legal advice. This page provides general information about the regulations that this platform concerns. We do not know your situation. If you are in doubt about your own case, consult a lawyer or the competent supervisory authority.

Written with AI on the basis of the sources above, checked by a human on 2026-08-22. Is something incorrect? Let us know — corrections are given priority.