Who is Affected by ESPR?
ESPR applies to manufacturers, importers, retailers, and every link in the EU supply chain. Here is who carries compliance obligations and what they must do.
Who must comply with ESPR?
Regulation (EU) 2024/1781 — the Ecodesign for Sustainable Products Regulation — applies to any economic operator placing a physical product on the EU market. The regulation uses a tiered obligation model: each actor in the supply chain carries specific duties based on their role.
The three primary categories of obligated parties are manufacturers, importers, and distributors.
Manufacturers
A manufacturer is any natural or legal person who designs, produces, or has a product designed or produced and markets it under their own name or trademark.
Manufacturers carry the heaviest obligations under ESPR:
- Create and maintain the Digital Product Passport (DPP) for each product or batch, including material composition, substance disclosures, carbon footprint data, repair instructions, and end-of-life guidance
- Ensure products meet ecodesign requirements set by product-specific delegated acts (durability, repairability, recycled content, energy performance)
- Register the DPP in the EU product registry before placing the product on the market
- Maintain technical documentation for 10 years after the last unit is placed on the market
- Affix the CE marking where applicable and issue the EU Declaration of Conformity
Manufacturers located outside the EU carry the same obligations as EU-based manufacturers — but they must appoint an Authorised Representative in the EU or the importer inherits full manufacturer obligations.
Importers
An importer is any natural or legal person established in the EU who places a product from a third country on the EU market.
If the manufacturer is outside the EU and has not appointed an Authorised Representative, the importer inherits all manufacturer obligations, including DPP creation. This is a critical point for brands that source from Asia, Turkey, or other non-EU countries.
Specific importer duties include:
- Verify that the manufacturer has fulfilled ESPR requirements before importing
- Ensure the DPP is attached or linked to the product
- Keep copies of the EU Declaration of Conformity and technical documentation
- Take corrective action — including withdrawal or recall — if a product does not conform
- Cooperate fully with market surveillance authorities
Distributors
A distributor is any person in the supply chain who makes a product available on the market, other than the manufacturer or importer.
Distributors must:
- Verify that the product bears required markings and documentation before making it available
- Not supply products that they know or believe to be non-compliant
- Cooperate with market surveillance authorities and provide traceability information on request
Retailers selling products in physical stores or online marketplaces fall into this category.
Online marketplaces and fulfilment service providers
Under ESPR and related EU market surveillance rules, online platforms that allow third-party sellers cannot passively host non-compliant products. Marketplaces are increasingly required to:
- Verify that DPP links are present on product listings
- Remove listings for non-compliant products upon notification
- Identify sellers and share data with authorities
Authorised Representatives
A manufacturer outside the EU may appoint an Authorised Representative — a natural or legal person established in the EU — to fulfil ESPR obligations on their behalf. The appointment must be in writing and cover specific tasks including DPP registration and documentation maintenance.
Without an Authorised Representative, the importer is the responsible party by default.
Small and medium enterprises
ESPR includes a transitional framework for SMEs. Product-specific delegated acts may include phased timelines or simplified DPP requirements for smaller companies. However, the core obligation — compliance with ecodesign performance requirements — applies regardless of company size once a delegated act enters into force for a product category.
The practical test
The simplest way to determine whether your company is affected: if your product is physically sold in the EU, someone in your supply chain is legally responsible. If that someone is you — as manufacturer, importer, or distributor — ESPR applies.
References
- Regulation (EU) 2024/1781 (ESPR), Articles 4, 5, 7, 10, 11, 12, 14
- EU market surveillance framework: Regulation (EU) 2019/1020
- Battery Regulation obligations for producers and importers: Regulation (EU) 2023/1542, Article 57