// GLOSSARY
Delegated Act
A delegated act is a legislative instrument adopted by the European Commission under powers delegated to it by the European Parliament and the Council. Under ESPR, delegated acts set the specific ecodesign requirements — including Digital Product Passport requirements — for individual product categories.
Truth Anchor: This definition is based on Regulation (EU) 2024/1781 (ESPR) and related EU legislation. Source: EUR-Lex CELEX:32024R1781
Legal Basis
ESPR Article 4 empowers the Commission to adopt delegated acts setting ecodesign requirements for specific product categories. The Commission must consult the ESPR Forum (a stakeholder advisory body) and conduct preparatory studies before adopting a delegated act. Delegated acts are subject to a scrutiny period during which the European Parliament and Council can object.
What a Delegated Act Contains
An ESPR delegated act for a product category typically contains: the scope of products covered; ecodesign performance requirements (energy efficiency, durability, repairability, recycled content); Digital Product Passport requirements (data fields, data carrier standards, access levels); conformity assessment procedures; and transition timelines. The delegated act is legally binding on all manufacturers who place the covered products on the EU market.
Delegated Act Timeline
The Commission publishes a working plan that identifies priority product categories for delegated act adoption. The working plan for 2022–2024 identified smartphones, laptops, textiles, furniture, iron and steel, aluminium, and tyres as priority categories. Delegated acts typically take 2–4 years from initiation to adoption, followed by a transition period of 18–24 months before mandatory compliance.
Monitoring Delegated Acts
Manufacturers and importers should monitor the Commission's delegated act pipeline through the ESPR Forum website and the EUR-Lex legislative observatory. The delegated act tracker pages on this site provide up-to-date information on the status of each delegated act.
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Delegated Acts Under ESPR: The Legislative Process
A delegated act is a legislative instrument adopted by the European Commission under powers delegated to it by the European Parliament and the Council. Under ESPR, the Commission has the power to adopt delegated acts specifying the ecodesign requirements and DPP requirements for specific product categories. The delegated act process involves: a preparatory study (typically 2–3 years) that assesses the environmental impact of the product category and the feasibility of different ecodesign requirements; a consultation with stakeholders (manufacturers, NGOs, member states, consumers); an impact assessment; drafting and internal Commission review; notification to the European Parliament and Council (who have 2 months to object); and publication in the Official Journal of the EU. The entire process from preparatory study to publication typically takes 4–6 years.
Delegated Act vs Implementing Act
ESPR uses both delegated acts and implementing acts. Delegated acts set the substantive requirements — the ecodesign parameters, minimum performance standards, and DPP data requirements for each product category. Implementing acts set the procedural requirements — the format of the DPP data, the conformity assessment procedures, and the technical specifications for the EU product database. The distinction is important because delegated acts can be objected to by the European Parliament or Council within 2 months of notification, while implementing acts are subject to a different scrutiny procedure (the examination procedure under the comitology regulation). Manufacturers should monitor both delegated acts and implementing acts for their product categories.
The ESPR delegated act process involves multiple stages of consultation and review before the act is published. The process begins with a preparatory study conducted by the EU Commission's Joint Research Centre (JRC), which assesses the environmental impact of the product category and identifies the most effective ecodesign requirements. The preparatory study is followed by a public consultation, during which manufacturers, trade associations, NGOs, and other stakeholders can submit comments. The EU Commission then drafts the delegated act and submits it to the ESPR Committee (composed of representatives of EU member states) for review. The ESPR Committee can approve or reject the delegated act by qualified majority. If approved, the delegated act is published in the EU Official Journal and enters into force 20 days after publication. Manufacturers then have the transition period specified in the delegated act to implement compliance.