ESPR applies to almost all physical products placed on the EU market. The regulation's scope is deliberately broad — it covers any product that has an environmental impact during its lifecycle. Exclusions are narrow and specific. If you sell physical products in the EU, assume you are in scope until confirmed otherwise.
ESPR Article 2(1) defines the scope as "any physical good that is placed on the market or put into service, including components and intermediate products." This is an intentionally broad definition. The regulation then specifies a narrow list of exclusions.
| Excluded Category | Legal Basis | Notes |
|---|---|---|
| Food and feed | ESPR Article 2(3)(a) | Covered by food law (Regulation (EC) 178/2002) |
| Medicinal products for human use | ESPR Article 2(3)(b) | Covered by Directive 2001/83/EC |
| Veterinary medicinal products | ESPR Article 2(3)(c) | Covered by Regulation (EU) 2019/6 |
| Living plants, animals, and micro-organisms | ESPR Article 2(3)(d) | — |
| Products of human origin | ESPR Article 2(3)(e) | — |
| Products of plants and animals relating to reproduction | ESPR Article 2(3)(f) | Seeds, breeding animals |
| Military equipment | ESPR Article 2(3)(g) | Defence and national security products |
ESPR Article 5 requires the Commission to publish a Working Plan every 3 years identifying priority product categories for delegated acts. The ESPR Working Plan 2024–2027 identifies the following priority categories:
| Priority Category | Delegated Act Status | Expected Compliance Date |
|---|---|---|
| Batteries (covered by EU Reg 2023/1542) | In force | 18 February 2027 |
| Textiles and apparel | In progress | 2027–2028 (expected) |
| Electronics and ICT equipment | In progress | 2027–2028 (expected) |
| Furniture | Planned | 2028 (expected) |
| Iron and steel | Planned | 2028–2029 (expected) |
| Aluminium | Planned | 2029 (expected) |
| Construction products | Planned | 2029 (expected) |
| Chemicals | Planned | 2029–2030 (expected) |
| Packaging materials | Planned | 2029–2030 (expected) |
| Tyres | Planned | 2029–2030 (expected) |
ESPR Article 1 defines the scope: ESPR applies to "physical goods that are placed on the market or put into service." This is an extremely broad scope — it covers virtually all physical products sold in the EU. However, ESPR Article 2 provides a list of exclusions: food and feed, medicinal products for human and veterinary use, living plants, animals and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction.
Within the broad scope of ESPR, specific requirements are set by delegated acts for specific product categories. A product is only subject to specific ecodesign requirements and DPP requirements if a delegated act has been adopted for its product category. Products in categories where no delegated act has been adopted are technically in scope of ESPR but are not subject to any specific requirements until a delegated act is adopted.
| Priority | Product Category | Delegated Act Status |
|---|---|---|
| Immediate | EV and industrial batteries | In force (Battery Regulation 2023/1542) |
| High (2025-2026) | Textiles, electronics | Delegated act in preparation |
| Medium (2026-2027) | Furniture, construction products, iron and steel, aluminium | Preparatory study in progress |
| Lower (2027-2028) | Chemicals, packaging, tyres, paints | Preparatory study planned |
| Long-term | All other physical products | No current timeline |
ESPR Article 2 excludes the following product categories: food and feed (covered by food safety legislation); medicinal products for human and veterinary use (covered by pharmaceutical legislation); living plants, animals and micro-organisms; products of human origin (blood, organs, tissues); and products of plants and animals relating directly to their future reproduction (seeds, breeding animals). These exclusions are permanent — no delegated act can extend ESPR requirements to these product categories.
Article 2 of ESPR specifies the products excluded from its scope. The exclusions are: food and feed (covered by food safety legislation), medicinal products for human use (covered by pharmaceutical legislation), veterinary medicinal products, living plants and animals, human and animal tissue and blood products, products of human origin, products of plant and animal origin relating to their intended use in food or feed, motor vehicles and their trailers (covered by type-approval legislation), two- and three-wheel vehicles and quadricycles (covered by type-approval legislation), agricultural and forestry vehicles (covered by type-approval legislation), military equipment, and equipment designed to be sent into space. The exclusion of motor vehicles is significant — it means that the ESPR DPP requirements do not apply to cars, trucks, and motorcycles, which are instead covered by the EU's type-approval framework.
Rather than listing all products in scope, ESPR takes a negative approach — all physical products placed on the EU market are in scope unless they are explicitly excluded. This means that any product not on the exclusion list is potentially subject to ESPR requirements. However, ESPR requirements only become mandatory for a specific product category when the EU Commission adopts a delegated act for that category. Until a delegated act is adopted, manufacturers of products in that category are not legally required to comply with ESPR, but they should be preparing for compliance. The EU Commission's ESPR work programme provides a roadmap of which product categories will be addressed by delegated acts and in what order.
ESPR applies to both consumer products (B2C) and business-to-business products (B2B). The regulation does not distinguish between products sold to consumers and products sold to businesses — if a product is placed on the EU market, it is in scope regardless of whether it is sold to a consumer or a business. This has significant implications for industrial equipment manufacturers, component suppliers, and raw material producers. A manufacturer of industrial motors, for example, must comply with ESPR requirements for industrial motors even if their products are sold exclusively to other businesses and never directly to consumers. The DPP requirements for B2B products may differ from those for consumer products — the delegated act for each product category will specify which data fields are required for B2B products.
The practical implication of ESPR's all-products-unless-excluded approach is that manufacturers of any physical product sold in the EU must monitor the EU Commission's ESPR work programme to determine when their product category will be addressed by a delegated act. The EU Commission publishes a rolling work programme that identifies the product categories it plans to address in the next 3–5 years. Manufacturers should review this work programme annually and begin their ESPR compliance preparations at least 3 years before the expected delegated act publication date — allowing 2 years for the preparatory study and consultation process, and 1 year for internal compliance implementation. Manufacturers that wait until the delegated act is published before beginning their compliance preparations will not have sufficient time to implement DPP systems before the compliance deadline.
Many products are subject to multiple EU regulations simultaneously. A battery-powered electric tool, for example, may be subject to: the Machinery Directive (safety requirements), the Low Voltage Directive (electrical safety), the Electromagnetic Compatibility Directive (EMC), the EU Battery Regulation (battery DPP requirements), and the ESPR delegated act for power tools (when published). Manufacturers of such products must comply with all applicable regulations simultaneously. The CE marking on the product attests to compliance with all applicable EU legislation. The DPP for such products must contain data required by all applicable regulations — the battery DPP data required by the EU Battery Regulation, and the product DPP data required by the ESPR delegated act. Manufacturers should map all applicable regulations for each of their products as part of their ESPR compliance assessment.
While ESPR applies to all physical products unless explicitly excluded, there are several important exclusions and edge cases that manufacturers should be aware of. Products used exclusively for military or national security purposes are excluded from ESPR. Products placed on the market in the EU for export to third countries are subject to ESPR requirements — the regulation applies to the act of placing on the market, not the final destination of the product. Products that are custom-made for a specific customer and are not mass-produced are excluded from ESPR. Products that are placed on the market before the compliance deadline for their product category are not required to be retrofitted with DPPs — the ESPR requirements apply to products placed on the market after the compliance deadline. Second-hand products that are resold without modification are not subject to ESPR requirements, but second-hand products that are substantially modified (refurbished) may be treated as new products and subject to ESPR requirements.
ESPR Article 2(3) excludes: food and feed, medicinal products for human and veterinary use, living plants, animals, and micro-organisms, products of human origin, and products of plants and animals relating directly to their future reproduction. Military equipment is also excluded.
ESPR Article 2(2) states that the regulation applies to products placed on the EU market for the first time. Second-hand products placed back on the market after repair or refurbishment may be subject to ESPR requirements under the applicable delegated act.
No. ESPR applies to products placed on the EU market. Products manufactured in the EU exclusively for export to non-EU markets are not subject to ESPR requirements.
ESPR Article 2(4) states that spare parts are subject to ESPR requirements where specified in the applicable delegated act. The Battery Regulation, for example, includes specific requirements for battery spare parts.
The EU DPP Registry goes live on 19 July 2026. EU customs will verify DPP compliance automatically from that date. Products without a valid DPP can be refused entry. Register now at Africa's first ESPR-compliant DPP registry.
Register Your Digital Product Passport →ESPR does not operate in isolation — it interacts with a range of other EU product regulations that also apply to products on the EU market. The most important interactions are: with the EU Battery Regulation (EU 2023/1542), which applies to batteries and battery-containing products; with the Packaging and Packaging Waste Regulation (PPWR, EU 2025/40), which applies to packaging; with the Construction Products Regulation (CPR), which applies to construction products; with the Radio Equipment Directive (RED), which applies to radio equipment; with the Medical Devices Regulation (MDR), which applies to medical devices; and with the Machinery Regulation (EU 2023/1230), which applies to machinery. Products that are subject to both ESPR and one of these other regulations must comply with all applicable requirements from both regulations. In cases of conflict between ESPR requirements and the requirements of another regulation, the more specific regulation takes precedence. Manufacturers of products subject to multiple EU product regulations should conduct a regulatory mapping exercise to identify all applicable requirements and to develop a unified compliance strategy.