Chemicals Delegated Act Tracker: ESPR Chemicals DPP Status
EXPECTED 2027-2028The chemicals delegated act will establish Digital Product Passport requirements for chemical products placed on the EU market. This tracker covers the current status and what chemical manufacturers need to prepare.
Current Status and Timeline
| Milestone | Expected Date | Status |
|---|---|---|
| ESPR Working Plan identifies Chemicals as priority | 2022–2024 | Complete |
| Preparatory study published | 2024–2025 | In Progress |
| Stakeholder consultation | 2027-2028 | Expected |
| Delegated act adopted | 2027-2028 | Expected |
| Chemicals DPP mandatory | 2029-2030 | Expected |
Key Facts for Chemicals Manufacturers
The chemicals delegated act will interact closely with the EU Chemicals Strategy for Sustainability and the REACH regulation. Chemical DPPs are expected to contain: substance identification (CAS number, EC number), hazard classification (GHS/CLP), REACH registration number, substance of very high concern (SVHC) status, safe use information, and end-of-life disposal instructions. The chemicals DPP may also be required to disclose supply chain information for substances sourced from conflict-affected regions.
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Register Your Digital Product Passport →ESPR and the Chemicals Regulatory Framework
The intersection of ESPR and EU chemicals regulation is complex. ESPR Article 5 allows delegated acts to restrict or require disclosure of substances of concern in products. A "substance of concern" is defined in ESPR as any substance that is a substance of very high concern (SVHC) under REACH, or that meets the criteria for classification as hazardous under the CLP Regulation, or that is a persistent organic pollutant (POP), or that is an endocrine disruptor, or that has other negative impacts on human health or the environment. This broad definition means that ESPR can address a wide range of chemical hazards in products.
The ESPR delegated act for chemicals is expected to be one of the most complex under the ESPR Working Plan, given the breadth of the chemicals regulatory framework and the large number of substances of concern that may be present in products. The Commission is working to align the ESPR chemicals requirements with the EU Chemicals Strategy for Sustainability and the REACH Regulation to avoid duplication and ensure coherence. Manufacturers should monitor both the ESPR Working Plan and the REACH restriction process for updates on chemicals requirements for their specific product categories.
Frequently Asked Questions
REACH restricts or requires authorisation for the use of specific hazardous substances in products. ESPR adds requirements for the disclosure of substances of concern in DPPs and may set additional restrictions beyond those in REACH. ESPR does not replace REACH — both regulations apply independently. Manufacturers must comply with both REACH restrictions and ESPR disclosure requirements.
The specific substances that must be disclosed in the DPP will be specified in the relevant delegated act. The delegated act will identify the substances of concern that are relevant for the specific product category and set the disclosure threshold (typically 0.1% by weight, consistent with the REACH SVHC disclosure threshold). Not all substances of concern will need to be disclosed in every DPP.
The EU Chemicals Strategy for Sustainability (CSS) sets out the Commission's long-term vision for a toxic-free environment. ESPR is one of the key legislative tools for implementing the CSS, by requiring disclosure of substances of concern in DPPs and enabling restrictions on the use of hazardous substances in products. The CSS and ESPR are complementary — the CSS sets the strategic direction, and ESPR provides the legislative mechanism.
PFAS (per- and polyfluoroalkyl substances) are a group of approximately 10,000 chemicals used in a wide range of products, including textiles, cookware, food packaging, and electronics. The Commission is developing a universal PFAS restriction under REACH that will restrict the use of PFAS in most applications. ESPR delegated acts for specific product categories may also require disclosure of PFAS content in DPPs.
Flame retardants are used in a wide range of products, including electronics, furniture, and textiles. Many flame retardants are substances of concern under REACH. ESPR delegated acts for specific product categories are expected to require disclosure of flame retardant content in DPPs and may restrict the use of specific flame retardants. Manufacturers should assess their flame retardant use and consider alternatives.
ESPR and the EU Chemicals Strategy for Sustainability
The ESPR delegated act for chemicals is being developed in the context of the EU Chemicals Strategy for Sustainability (CSS, 2020), which aims to achieve a toxic-free environment by 2030. The CSS calls for the phase-out of the most harmful chemicals in consumer products, the development of safer alternatives, and the implementation of the "one substance, one assessment" principle to streamline chemical risk assessment across EU legislation. The ESPR delegated act for chemicals will set ecodesign requirements for chemical products — including restrictions on substances of concern, minimum biodegradability requirements for certain chemical categories, and DPP requirements for chemical products placed on the EU market.
REACH and ESPR: Overlapping Chemical Substance Requirements
The REACH Regulation (EC 1907/2006) already requires manufacturers and importers of chemical substances to register their substances with ECHA, conduct safety assessments, and communicate hazard information through Safety Data Sheets (SDS). The ESPR delegated act for chemicals will build on the REACH framework by requiring chemical product manufacturers to include REACH-relevant data in the DPP — specifically, the Candidate List substances (SVHCs) present in the product above 0.1% by weight, the REACH registration number for each substance, and any REACH authorisation or restriction conditions that apply. Manufacturers that are already complying with REACH will have a significant head start on ESPR DPP compliance for the chemical substance data fields.
Industrial Chemicals and the ESPR Scope Question
The scope of the ESPR delegated act for chemicals is a subject of active debate in the EU Commission's preparatory work. ESPR Article 2 excludes food, feed, medicinal products, and certain other product categories from its scope. Industrial chemicals — substances and mixtures used as intermediates in manufacturing processes — may also be excluded from the ESPR scope, as they are already comprehensively regulated under REACH. The ESPR delegated act for chemicals is therefore expected to focus primarily on consumer chemical products — detergents, cleaning products, personal care products, and DIY products — where the ESPR ecodesign requirements can add value beyond the existing REACH and CLP (Classification, Labelling and Packaging) frameworks.
Chemicals and ESPR: The REACH Connection
The REACH Regulation (EC 1907/2006) is the EU's primary chemicals regulation, requiring manufacturers and importers of chemicals to register their substances with ECHA, assess the risks of their substances, and communicate risk information through safety data sheets. ESPR builds on the REACH framework by requiring products containing substances of concern to disclose this information in the DPP. The ESPR definition of substance of concern is broader than the REACH definition of substance of very high concern (SVHC) — it includes all substances that meet the CLP hazard classification criteria, not just the most hazardous substances on the REACH Candidate List. This means that the ESPR chemicals DPP will require disclosure of a much wider range of substances than the current REACH SVHC disclosure requirements.
SCIP Database Integration with ESPR DPP
The SCIP database (Substances of Concern In articles as such or in complex objects/Products) is operated by ECHA and contains information on substances of concern in articles. Under Article 9 of the Waste Framework Directive, suppliers of articles containing SVHCs above 0.1% by weight must submit information to the SCIP database. The ESPR chemicals DPP will be integrated with the SCIP database — manufacturers that are already submitting SCIP notifications can use their SCIP data as the basis for the ESPR DPP substance disclosure. The EU Commission is working with ECHA to develop a data exchange interface between the ESPR EU product database and the SCIP database, so that manufacturers can submit substance data once and have it available in both databases.
Chemicals Delegated Act: Expected Timeline and Scope
The ESPR chemicals delegated act is currently at the scoping study stage. The EU Commission's JRC is conducting a preparatory study that will identify the chemical product categories with the highest environmental impact and the most effective ecodesign requirements. The preparatory study is expected to be completed in 2027, with the delegated act published in 2028. Chemical manufacturers and their customers (formulators, brand owners) should monitor the preparatory study and participate in stakeholder consultations. The chemicals delegated act is expected to focus on high-volume chemicals used in consumer products — cleaning products, personal care products, paints and coatings, adhesives — rather than industrial chemicals, which are already subject to extensive REACH requirements.
Chemicals Strategy for Sustainability and ESPR
The EU Chemicals Strategy for Sustainability (CSS), adopted in October 2020, provides the policy framework for the transition to a toxic-free environment. The CSS includes a commitment to revise the REACH Regulation to strengthen substance restrictions and to expand the SVHC candidate list. ESPR and the CSS are closely linked — ESPR's substance of concern disclosure requirements in the DPP will be informed by the REACH candidate list and the CSS's priority substance lists. Manufacturers should monitor both ESPR and REACH developments to ensure that their DPP substance disclosure is consistent with the latest REACH requirements. The EU Commission is developing a single substance database that will integrate the REACH substance data, the SCIP database, and the ESPR DPP substance data — manufacturers that submit data to all three systems should ensure that their submissions are consistent.
SCIP Database and ESPR Chemicals DPP: The Data Connection
The SCIP database (Substances of Concern In articles as such or in complex objects/Products) is an EU database maintained by ECHA (European Chemicals Agency) that contains information about substances of very high concern (SVHCs) in articles placed on the EU market. Under the Waste Framework Directive (EU 2008/98/EC), suppliers of articles containing SVHCs above 0.1% by weight must submit information about the SVHC to the SCIP database. The ESPR chemicals DPP will build on the SCIP database — the ESPR DPP substance of concern disclosure requirements will be aligned with the SCIP database data requirements, so that manufacturers can use their existing SCIP submissions as the basis for their ESPR DPP substance disclosures. Manufacturers that are already submitting data to the SCIP database should review their SCIP submissions to ensure they are complete and accurate, as this data will form the foundation of their ESPR DPP substance disclosures.