// SPOKE — DELEGATED ACTS
ESPR Delegated Acts — How They Work and What to Expect
ESPR (EU Regulation 2024/1781) establishes a framework for product sustainability requirements, but the specific requirements for each product group are set through delegated acts adopted by the European Commission. Understanding how delegated acts work — the process for their development, the timeline from preparatory study to entry into force, and what they contain — is essential for manufacturers planning their ESPR compliance strategy.
What Is an ESPR Delegated Act?
A delegated act is a legislative act adopted by the European Commission under powers delegated to it by the European Parliament and the Council through ESPR. Article 4 of ESPR empowers the Commission to adopt delegated acts that specify the ecodesign requirements for specific product groups. Each delegated act is a legally binding regulation that applies directly in all EU Member States without requiring national transposition.
A delegated act for a specific product group will typically specify: the product group covered (defined by reference to CN codes or product descriptions); the ecodesign performance requirements (durability, repairability, recyclability, recycled content, carbon footprint, etc.); the DPP data requirements (which Annex III data categories apply and what specific data must be provided); the conformity assessment procedure (Annex VI or Annex VII); the CE marking requirements (if applicable); the transitional period (the time between the entry into force of the delegated act and the date by which products must comply); and the review clause (the date by which the Commission will review the delegated act and consider whether to update it).
The Delegated Act Development Process
The development of an ESPR delegated act follows a structured process that typically takes three to five years from start to finish. The process begins with the inclusion of the product group in the ESPR Working Plan, which is adopted by the Commission after consultation with the ESPR Forum (a multi-stakeholder advisory body). Once a product group is included in the working plan, the Commission commissions a preparatory study — a technical analysis of the product group that assesses the environmental impact, the technical feasibility of ecodesign requirements, the economic impact on manufacturers, and the potential for improvement.
The preparatory study is conducted by an independent contractor and typically takes 18–24 months. During the preparatory study, stakeholders (manufacturers, industry associations, consumer organisations, environmental NGOs, and Member State representatives) are consulted through workshops, online consultations, and bilateral meetings. The preparatory study results in a final report that recommends specific ecodesign requirements and DPP data requirements for the product group.
Based on the preparatory study, the Commission drafts the delegated act. The draft is subject to a further stakeholder consultation period (typically 4 weeks) and is reviewed by the ESPR Forum. The Commission then submits the draft to the European Parliament and the Council, which have a scrutiny period of two months (extendable to four months) to object to the delegated act. If no objection is raised, the delegated act is published in the Official Journal of the European Union and enters into force.
The ESPR Working Plan
The ESPR Working Plan is the Commission's programme for delegated act development. It identifies the product groups that will be addressed, the indicative timeline for each delegated act, and the priority order. The first ESPR Working Plan (2022–2024) was adopted before ESPR entered into force and covers the highest-priority product groups. Subsequent working plans will extend coverage to additional product categories.
The working plan is updated regularly as preparatory studies are completed and new product groups are identified for inclusion. Manufacturers should monitor the working plan to understand when their product categories are likely to be addressed and to participate in the stakeholder consultation process for their sectors.
How to Participate in the Delegated Act Process
Manufacturers and industry associations can participate in the delegated act development process through several channels. The Commission publishes preparatory study consultations on the EU's Have Your Say portal, where stakeholders can submit written comments. The Commission also organises stakeholder workshops during the preparatory study phase, which manufacturers can attend to present their technical and economic perspectives. Industry associations play a particularly important role in aggregating the views of their members and presenting them to the Commission in a structured way.
Participating in the delegated act process is not just a compliance activity — it is a strategic opportunity to influence the requirements that will apply to your products. Manufacturers who engage early in the process can help shape requirements that are technically feasible, economically proportionate, and based on accurate data about their products and manufacturing processes.
| Stage | Duration | Key Activities | Stakeholder Opportunities |
|---|---|---|---|
| Working plan inclusion | Ongoing | Commission identifies product group | Lobby for/against inclusion |
| Preparatory study | 18–24 months | Technical analysis, stakeholder consultation | Workshops, written submissions |
| Draft delegated act | 6–12 months | Commission drafts requirements | Public consultation (4 weeks) |
| ESPR Forum review | 3–6 months | Multi-stakeholder advisory review | Forum membership |
| Parliamentary scrutiny | 2–4 months | EP and Council review | Lobbying through MEPs |
| Publication and entry into force | — | Published in Official Journal | — |
| Transitional period | 1–3 years | Manufacturers prepare for compliance | — |
| Compliance date | — | Products must comply | — |
Frequently Asked Questions
A delegated act is a legally binding regulation adopted by the European Commission that specifies the ecodesign requirements, DPP data requirements, and compliance timeline for a specific product group under ESPR. It is directly applicable in all EU Member States.
From the start of the preparatory study to the entry into force of the delegated act typically takes three to five years. The compliance date is then typically one to three years after the delegated act enters into force.
Consult the ESPR Working Plan on EUR-Lex and the Commission's Have Your Say portal. The delegated act tracker on this site also provides current status information for all known delegated acts.
Yes. The delegated act development process includes multiple stakeholder consultation opportunities. Manufacturers and industry associations can participate in preparatory study workshops, submit written comments on draft requirements, and engage through the ESPR Forum.
Delegated acts can be objected to by the European Parliament or the Council during the scrutiny period. After entry into force, they can be challenged through the EU courts. In practice, the most effective way to influence requirements is to participate in the preparatory study process before the delegated act is drafted.
How the Delegated Act Process Works
A delegated act under ESPR is a Commission Delegated Regulation that sets product-specific ecodesign requirements, DPP obligations, and compliance timelines for a specific product group. The process for adopting a delegated act involves several stages. First, the Commission commissions a preparatory study — an independent technical study that assesses the environmental impact of the product group, identifies potential ecodesign requirements, and estimates the costs and benefits of different policy options. The preparatory study typically takes 18 to 24 months to complete.
Second, the Commission conducts stakeholder consultations — including public consultations, technical working group meetings, and bilateral discussions with industry associations and individual companies. The consultation process provides opportunities for manufacturers to influence the final requirements. Third, the Commission conducts an impact assessment — a formal analysis of the economic, social, and environmental impacts of the proposed requirements. Fourth, the Commission drafts the delegated act and submits it to the European Parliament and the Council for scrutiny. The Parliament and Council have two months to object to the delegated act; if no objection is raised, the act is adopted and published in the Official Journal.
Current Status of Key Delegated Acts
| Product Group | Status | Expected Adoption | Expected Compliance |
|---|---|---|---|
| Batteries (EU Battery Regulation) | Adopted (Regulation (EU) 2023/1542) | Adopted July 2023 | February 2027 (Battery Passport) |
| Textiles and apparel | Preparatory study underway | 2025–2026 | 2027–2028 |
| Electronics and ICT | Preparatory study underway | 2025–2026 | 2027–2028 |
| Furniture | Preparatory study underway | 2026–2027 | 2028–2029 |
| Iron and steel | Preparatory study underway | 2026–2027 | 2028–2029 |
| Aluminium | Preparatory study underway | 2026–2027 | 2028–2029 |
| Construction products | Preparatory study planned | 2027–2028 | 2029–2030 |
| Chemicals | Preparatory study planned | 2027–2028 | 2029–2030 |
| Packaging | Covered by PPWR (Regulation (EU) 2025/40) | Adopted January 2025 | 2028–2030 |
| Tyres | Preparatory study planned | 2027–2028 | 2029–2030 |
How to Monitor the Delegated Act Pipeline
Manufacturers can monitor the delegated act pipeline through several official sources. The European Commission's ESPR webpage (ec.europa.eu/growth/sectors/sustainable-products/ecodesign-sustainable-products-regulation) publishes the current ESPR Working Plan and updates on the status of preparatory studies and delegated act development. The EUR-Lex database (eur-lex.europa.eu) publishes all adopted delegated acts and implementing regulations. The ESPR Stakeholder Forum provides a platform for industry engagement with the delegated act development process.
In addition to official sources, industry associations in each product sector typically monitor the delegated act pipeline and provide alerts to their members. Manufacturers should ensure they are members of the relevant industry associations and are receiving these alerts. Engaging with the preparatory study process — by responding to public consultations and participating in technical working groups — is the most effective way to stay informed about likely requirements and to influence the final outcome.
Engaging With the Delegated Act Process
Manufacturers who are subject to ESPR have the right and the opportunity to engage with the delegated act development process. The most effective point of engagement is during the preparatory study phase — before the Commission has formed a view on what the requirements should be. During the preparatory study, the independent consultants commissioned by the Commission collect data from manufacturers, test products, and assess the feasibility of different policy options. Manufacturers who provide high-quality data during this phase can influence the technical assumptions that underpin the final requirements.
The Commission also conducts formal public consultations during the delegated act development process. These consultations are open to all stakeholders and provide an opportunity to submit written comments on the proposed requirements. Industry associations typically coordinate responses to public consultations on behalf of their members — manufacturers should ensure they are contributing to these coordinated responses. Individual company submissions are also valuable, particularly when they provide specific technical data or case studies that illustrate the impact of proposed requirements on a particular manufacturing process or supply chain.
Engaging with the delegated act process is not just about influencing the outcome — it is also about staying informed. Manufacturers who participate in technical working groups and public consultations have access to the most current information about likely requirements, timelines, and implementation challenges. This information is invaluable for compliance planning and for making investment decisions about product redesign and supply chain adaptation.
The Relationship Between ESPR Delegated Acts and Harmonised Standards
ESPR delegated acts set the legal requirements, but they typically reference harmonised standards for the technical methods to be used to demonstrate compliance. Harmonised standards are European standards (EN standards) developed by the European standardisation organisations (CEN, CENELEC, ETSI) under a mandate from the European Commission. When a manufacturer applies a harmonised standard that has been published in the Official Journal, they benefit from a presumption of conformity — meaning that market surveillance authorities presume the product meets the requirements without requiring additional evidence.
The harmonised standards for ESPR are still being developed. The Commission has issued mandates to CEN and CENELEC to develop standards for DPP data architecture, data carrier requirements, carbon footprint calculation methodologies, and repairability score methodologies. These standards will be published progressively as the delegated act programme advances. Manufacturers should monitor the standardisation process and engage with the national standardisation bodies to stay informed about the development of harmonised standards for their product categories.
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Compliance with ESPR begins with a registered, machine-readable Digital Product Passport. The DPP Registry at digitalproductpassports.co.za provides the infrastructure to mint, host, and verify DPP records for manufacturers and exporters supplying the EU market.
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