ESPR Explained for SMEs: Roles and Obligations

This guide explains the structure of the regulation, the roles and the few rules that apply now.

What the ESPR is, and what it replaces

The ESPR replaces the Ecodesign Directive 2009/125/EC, which covered only energy-related products such as household appliances. The new regulation widens the scope to almost all physical goods and adds new instruments:

• Ecodesign requirements per product group, covering aspects such as durability, reparability, recycled content, energy use and substances of concern.
• Information requirements, including the Digital Product Passport.
• Rules on unsold consumer products, including a destruction ban for certain goods.
• Green public procurement requirements.

It is a framework. On its own it sets almost no product requirements. The Commission adds them by delegated act for one product group at a time, following a published working plan.

What applies today and what does not

Rule	Status on 11 November 2026
ESPR framework and definitions	In force since 18 July 2024
Product-specific ecodesign and passport requirements	None adopted yet. First act, for iron and steel, indicated for Q4 2026
DPP registry	Operational since 20 July 2026
Ban on destroying unsold apparel and footwear	Applies to large companies since 19 July 2026; medium-sized from 19 July 2030; micro and small enterprises exempt
Disclosure of discarded unsold consumer products	Applies to large companies; medium-sized from 19 July 2030; micro and small enterprises exempt
Existing ecodesign rules for energy-related products	Continue to apply under transitional provisions until replaced

So an SME that sells, say, furniture has no ESPR product requirement to meet today. It does have a known schedule to plan against, described in our DPP timeline by product group.

The roles: who you are under the ESPR

The regulation uses the role definitions that are familiar from EU product law. What counts is what you do, not what your company calls itself.

Role	Definition in short	Typical example
Manufacturer	Makes a product, or has it designed or made, and markets it under its own name or trademark	A brand that sources from contract manufacturers
Authorised representative	EU-based person mandated in writing by the manufacturer for specific tasks	A compliance agent for a non-EU manufacturer
Importer	EU-based person who places a product from a third country on the EU market	A wholesaler buying directly from a factory outside the EU
Distributor	Anyone in the supply chain, other than manufacturer or importer, who makes a product available	A wholesaler buying from an EU manufacturer
Dealer	A distributor or other person who offers products for sale, hire or hire purchase, or displays them, to end users, including by distance selling	A shop or online shop
Fulfilment service provider	Offers at least two of warehousing, packaging, addressing and dispatching, without owning the products	A logistics company for online sellers
Provider of an online marketplace	Lets customers conclude distance contracts with sellers through its interface	A marketplace platform

Many SMEs hold more than one role. A retailer with a private label is manufacturer for the private label, importer for goods bought directly outside the EU and dealer for everything it sells to consumers. As in other EU product law, an importer or distributor that markets a product under its own name or modifies it in a way that affects compliance is treated as the manufacturer.

Obligations by role

The obligations below apply to products covered by a delegated act. They are summarised from Articles 27 to 36 of the ESPR.

Manufacturers

• Design and make products that meet the requirements of the delegated act.
• Carry out the conformity assessment, draw up technical documentation and the EU declaration of conformity, and affix the CE marking where required.
• Make sure a Digital Product Passport is available, including a back-up copy held by a DPP service provider.
• Keep technical documentation and the declaration of conformity for ten years.
• Mark products with a type, batch or serial number and give contact details on the product, its packaging or the passport.
• Provide instructions in digital form.
• Take corrective action if a product does not conform, and inform the authorities.

Importers

• Place only compliant products on the market.
• Before doing so, verify that the manufacturer has carried out the conformity assessment, that documentation exists, that a passport is available and that the product is marked.
• Add their own name and contact details.
• Keep a copy of the declaration of conformity for ten years and make technical documentation available to authorities on request.

Distributors

• Act with due care.
• Before making a product available, verify that it carries the required marking, that it comes with the required documents and instructions, that the passport link or data carrier is present, and that manufacturer and importer have met their marking duties.
• Do not sell products they have reason to believe are non-compliant.

Dealers, including online shops

• Ensure customers can access the relevant information, including the Digital Product Passport, also in distance selling.
• Display required labels visibly and refer to label information in advertising.
• Avoid labels or marks that could mislead customers.

To make this possible, the economic operator placing the product on the market must give dealers and online marketplaces a digital copy of the data carrier or the unique product identifier, free of charge, within five working days of a request.

Online marketplaces and distance sellers

• Marketplaces must cooperate with market surveillance authorities and can be ordered to remove offers of non-compliant products.
• Online offers must show the manufacturer's name and contact details, the details of the responsible operator in the EU where the manufacturer is outside the EU, and information to identify the product.

Fulfilment service providers

• Ensure that warehousing, packaging, addressing and dispatching do not jeopardise the product's compliance.

The unsold goods rules in brief

These are the only ESPR obligations with a fixed date that already bind companies.

• Prevention. Economic operators should take measures that can reasonably be expected to prevent the need to destroy unsold consumer products.
• Disclosure. Operators that discard unsold consumer products must disclose each year the number and weight of products discarded, the reasons and what happened to them. Micro and small enterprises are exempt. Medium-sized enterprises are covered from 19 July 2030.
• Destruction ban. Since 19 July 2026, destroying unsold apparel, clothing accessories and footwear listed in Annex VII is prohibited. The same size rules apply. Delegated Regulation (EU) 2026/296 lists the derogations.

The ESPR also says that operators must not destroy products supplied to them in order to get around the ban.

What the ESPR offers SMEs

The regulation contains several provisions aimed at smaller companies:

• When setting requirements, the Commission must give operators sufficient time to comply and take the needs of SMEs into account. A delegated act may not apply earlier than 18 months after entering into force, except in duly justified cases.
• The Commission may accompany delegated acts with digital tools and guidelines for SMEs.
• Member States must take measures to help SMEs comply, for example through one-stop shops. They may add financial support, training and technical assistance.

Which support exists in your country is a national matter. A sensible first contact is your chamber of commerce or the national ministry responsible for product policy.

Enforcement and penalties

Market surveillance authorities in the Member States enforce the ESPR. For imports, customs will check passport registration against the EU registry once it is linked to the customs systems. Penalties are set nationally. The ESPR requires that they be effective, proportionate and dissuasive and include at least fines and time-limited exclusion from public procurement.

A sensible approach for SMEs

1. Map products to regimes. Which of your products fall under a prioritised ESPR group, and which under another regulation with a passport, such as batteries? Use the DPP scope and timeline checker.
2. Assign roles per product line. Write down where you are manufacturer, importer, distributor or dealer.
3. Check contracts. If you are importer or brand owner, your suppliers will need to deliver data. Supply contracts should say so.
4. Check the unsold goods rules against your company size if you sell apparel or footwear.
5. Prepare data, not software. Until the delegated act for your group exists, the durable investment is clean product data. See how to prepare for the DPP.

If the passport itself is new to you, start with what the Digital Product Passport is.

Checklist: your ESPR position

• You can name the EU act and status for each product group you sell.
• You know your role for each product line.
• You know whether your company is micro, small, medium-sized or large under EU definitions.
• Private-label products are identified as "manufacturer" cases.
• Direct imports from outside the EU are identified as "importer" cases.
• Supplier contracts mention product data and documentation.
• Someone tracks the working plan and draft delegated acts.

Sources

• Regulation (EU) 2024/1781 (ESPR), EUR-Lex
• ESPR working plan 2025–2030, COM(2025) 187
• European Commission: DPP information for economic operators
• Delegated Regulation (EU) 2026/296 on derogations from the destruction ban, EUR-Lex
• European Commission: Digital Product Passport

This article is general information, not legal advice. Status checked on 11 November 2026.