Delegated Act
Definition
A delegated act is a legal instrument through which the European Commission adopts binding product-specific rules under an existing regulation — without needing to go through the full co-legislative process (European Parliament + Council). ESPR Article 4 grants the Commission power to adopt delegated acts setting ecodesign requirements and DPP data fields for individual product categories.
Why delegated acts matter for DPP
ESPR itself does not specify what data a textile DPP must contain versus a steel DPP. That granularity comes from delegated acts. Each delegated act for a product category will define:
- Which ecodesign requirements apply (durability grades, recycled content minimums, energy limits)
- Which DPP data fields are mandatory for that product
- The compliance timeline (typically 18 months after entry into force)
- Which economic operators carry the obligations
This means a company's DPP obligations depend entirely on whether a delegated act has been adopted for their product category — and what that specific act requires.
How a delegated act is developed
The process follows a defined sequence:
- JRC preparatory study — the Joint Research Centre conducts technical analysis of the product category, assessing environmental impact, market data, and feasibility of requirements
- Stakeholder consultation — public consultation, ECODESIGN Consultation Forum input, industry feedback
- Commission drafting — Commission prepares the delegated act based on the study
- Scrutiny period — European Parliament and Council have a two-month window to object; can be extended by two months
- Entry into force — published in the Official Journal; compliance deadline follows (typically 18 months later)
Under ESPR, the first delegated act could not enter into force before 19 July 2025 (Article 4(9)).
Current status
As of March 2026, no ESPR product-specific delegated acts have yet entered into force. The priority product pipeline under the 2025–2030 Working Plan (COM(2025) 187 final) targets iron/steel and textiles as first movers.
The Battery Regulation (EU 2023/1542) operates on a similar but separate delegated act structure — its digital battery passport delegated acts are further advanced.
Related terms
- ESPR — the regulation that grants delegated act powers
- Digital Product Passport (DPP) — what delegated acts define the content of
- Ecodesign — the requirements delegated acts set