What does a supervisory authority ask for during an inspection of products?
Documentation and evidence of conformity are central
A supervisory authority essentially aims to establish that a product complies with the rules applicable to it, and this begins with paperwork: technical documentation, the declaration of conformity, and information about who placed the product on the market. Regulation (EU) 2019/1020 gives market surveillance authorities the power to request that information from the manufacturer, the importer or the authorised representative, and to check whether what is stated on paper corresponds to the product itself. For products falling within the scope of the ESPR, this is supplemented by the information contained in the digital product passport: a supervisory authority can consult that passport and compare it with the underlying technical documentation that the manufacturer must maintain.
For manufacturers and importers, not for every product yet
This requirement applies to economic operators, that is manufacturers, importers and authorised representatives, who place on the EU market products that are subject to market surveillance. Regulation 2019/1020 is broad and applies to a large number of product categories that have been subject to EU product legislation for some time. The ESPR-specific obligation to compile and maintain technical documentation, as described in Article 27, applies to the product groups for which requirements have actually been established via a delegated act. For a product for which no product-specific ESPR regulation has yet been established, a supervisory authority cannot therefore request documentation on the basis of those requirements, even though the ESPR itself is already in force. What may already be relevant, however, are the general market surveillance powers in 2019/1020, which are not dependent on a product-specific implementation.
What applies now, and what still needs to be established
Regulation 2019/1020 has been applicable for some time and the powers of market surveillance authorities set out in it therefore already apply to the products to which that regulation applies. The ESPR entered into force in 2024, but the concrete requirements for each product group, including the question of what information exactly must be included in the digital product passport and what documentation the manufacturer must maintain for this purpose, derive from delegated acts that are established for each product group. For many product groups, it is not yet determined when those acts will come into force. Until that time, Article 27 continues to set out the general line: a manufacturer maintains technical documentation and cooperates with requests from supervisory authorities, but the precise content of that documentation depends on the product-specific rules yet to be published.
This is how you approach it as a manufacturer or importer
The first step is to establish whether the product already falls under a product-specific ESPR regulation, and if not, what other EU product legislation and thus which part of Regulation 2019/1020 does apply. Next, it is practical to know where the technical documentation is physically or digitally located, who is internally responsible for it, and whether that documentation can be quickly produced if a supervisory authority requests it. A third point is the digital product passport itself: if a product falls within its scope, it is important that the information in the passport corresponds to what is in the technical documentation, because a supervisory authority can compare the two. Finally, it is wise to have clarity in advance about who within the organisation communicates with a supervisory authority, so that a request does not get lost between different departments. These are descriptive points of attention; what a supervisory authority requests in a specific case and within what timeframe is determined by that supervisory authority itself on the basis of the situation.
Where this derives from: Regulation 2019/1020 and Article 27 of the ESPR
The authority of supervisory bodies to request documentation and information and to check products is laid down in Regulation (EU) 2019/1020 on market surveillance and product compliance. The obligation of manufacturers to draw up and keep available technical documentation under the ESPR is set out in Article 27 of Regulation (EU) 2024/1781. For the precise specification per product category, including what must be included in the digital product passport, the associated delegated act is the source that is ultimately decisive.
What you can do now
Determine which regulation applies to the product and check whether a product-specific ESPR regulation has already been adopted; if not, Regulation 2019/1020 is the starting point for what a supervisory body can request. Ensure that the technical documentation is in order and easily accessible, and make the digital product passport consistent with it as soon as it becomes mandatory for the product. If in doubt about the status of a specific product, the text of the relevant regulation on EUR-Lex is the place to verify this.
Where this is based on
- Regulation (EU) 2019/1020 (market surveillance and product compliance)
- Regulation (EU) 2024/1781 (ESPR), Article 27 (obligations of manufacturers)
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
What is expected of you
A product inspection ultimately hinges on one question: can you demonstrate that what you place on the market meets the requirements? Regulation (EU) 2019/1020 empowers market surveillance authorities to verify this, and Regulation (EU) 2024/1781 (ESPR) specifies in Article 27 which information manufacturers must keep available for this purpose. For a company with 10 to 100 employees, this typically amounts to a number of concrete obligations.
Keep technical documentation available
The market surveillance authority may request the technical documentation demonstrating that a product meets the applicable requirements. This is not a document you only prepare once someone shows up at your door: it must already be in place at the moment the product is placed on the market. In practice, this means someone within the company must know where that documentation is located, in which version, and which product or product variant it relates to. For companies working with multiple variants of the same product this is one of the first things that can get out of hand: the documentation is correct for one variant, but has not been updated for the other.
Provide contact details and designate a responsible person
Regulation (EU) 2019/1020 requires that there is a clearly identifiable point of contact: someone who responds on behalf of the company to inquiries from the market surveillance authority. In a company of this size, this is often a quality manager, a compliance officer, or — in smaller organizations — the director themselves. The point is not who it is, but that it is established and that this person is actually reachable and has access to the correct documents.
Provide information upon request within a set deadline
A market surveillance authority sets a deadline when requesting information. This is a moment that reveals whether documentation is truly in order, or whether it is still scattered across different departments, suppliers, or email inboxes. A company prepared for this can usually gather relevant documents within a few hours; a company that is not prepared will get stuck trying to figure out who has what and where.
Take corrective measures
If a market surveillance authority identifies a deficiency, the manufacturer or importer is expected to take corrective measures. This requires an internal agreement: who makes that decision, who implements it, and how is it recorded that it has been done? Without that agreement, delays often arise, not because the company does not want to cooperate, but because no one knows who should take the first step.
Traceability of the supply chain
Market surveillance not only looks at the final product, but also at where parts and materials come from. A company must be able to indicate which supplier a particular part comes from and to whom a product has been resold. This is precisely the type of information that a digital product passport structures, and it is one of the reasons why what a product passport delivers goes beyond merely meeting an obligation.
Where things go wrong in practice
The documentation exists, but no one can find it quickly. Especially for companies working with multiple product groups, information is scattered across different systems, folders, and people. When the market surveillance authority makes a request, finding the information takes more time than the set deadline allows.
The documentation is outdated. A product has been modified — a part replaced, a supplier changed — but the underlying information has not been updated. During an inspection, there is then a mismatch between what is actually in the product and what is on paper.
There is no designated contact person. A request from the market surveillance authority arrives at a general email address and remains there because no one feels responsible for responding.
Inventory that was produced a long time ago is not included in the documentation. Companies sometimes think that older inventory remains out of sight, while inventory that is already there may likewise be subject to an inspection when new rules come into effect.
Corrective measures are discussed, but not recorded. Action is taken internally, but without written documentation it cannot be demonstrated afterwards that and when it occurred — something that a supervisory authority is precisely asking for.
What you can document
- An overview of which technical documentation belongs to which product or which product variant, including version management.
- An internal designation of who is the contact point for market surveillance, with a backup in case of absence.
- A fixed procedure for collecting and providing information upon request, so that it does not have to be determined anew with each request where something is located.
- A log of corrective measures: what was established, what action was taken, by whom and when.
- An overview of suppliers and customers per product, for the purposes of traceability.
- Agreements on how changes in a product are reflected in the associated documentation.
Those who do not yet have this in order can, with the step-by-step approach for the product passport establish a structure that not only complies with the requirements of the digital product passport, but is also immediately usable when a supervisory authority requests information. And for companies that want to see how this looks in practice before the obligation comes into effect for their product group, it is possible to create a test version of the product passport and thus experience which information really must be in order.
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.