What obligations does a distributor or trader of electronics have?
Distributors check, they do not produce themselves
A distributor or trader of electrical and electronic equipment has, first and foremost, a controlling role, not a producing one. Before a product is offered, it is checked whether it is marked with the required conformity marking and with the digital product passport and associated data carrier (the QR code), and whether packaging, storage or transport do not undermine compliance. If there is doubt whether a product meets the requirements, it is not offered until that is clarified, and the manufacturer or importer is informed accordingly. If a product turns out to be defective afterwards, the distributor cooperates in corrective measures and, where necessary, in investigation by the market surveillance authority.
Who this applies to and what it does not
These obligations are directed at parties that offer products in the supply chain without being a manufacturer or importer themselves: wholesalers, retail chains, online shops that purchase from a European supplier. Anyone who brings products into the EU themselves falls under the separate obligations for importers, and anyone who manufactures products themselves or has them manufactured under their own name falls under the obligations for manufacturers — which are more stringent and are set out elsewhere in the regulation. It is also important: these obligations apply per product category, and only for categories for which ecological design requirements have actually been established through a delegated act. As long as no delegated act has been published for a particular category of electrical and electronic equipment, there is also no product passport to check, and the role of distributor in practice has no content for that product yet.
The date is not yet fixed
When these obligations will concretely apply to electrical and electronic equipment is not yet determined. The ESPR itself is already in force, but the requirements are being filled in per subcategory through delegated acts, and according to the European Commission's work plan for 2025-2030, those for this domain are expected at the earliest from 2027 onwards. Only once such an act has been published for a specific category and the application date mentioned in it has been reached will the control obligations of Articles 30 and 31 actually apply for that category. Until then, nothing changes in practice for distributors and traders of electrical and electronic equipment: there is no passport yet, so nothing to check. As soon as the date for a subcategory is known, it will be listed here.
What this means for the reader
Anyone who wants to prepare now would be well advised to first clarify their own role in the supply chain: is the product imported by them, or is it purchased from a party within the EU that already acts as a manufacturer or importer? This determines which article applies. Next, it is useful to determine for which product categories in your own range (white goods, telecommunications equipment, IT hardware) a delegated act is expected first, so that attention can be focused there earliest. Once such an act is in place, the practical side comes into play: upon receipt of a shipment, check whether the passport is present and readable via the QR code, whether the associated documentation is correct, and agree on a procedure in case a supplier has something not in order — who is informed about it, and what happens to the inventory in the meantime. It is also wise to determine in advance how to handle enquiries from a supervisory authority, so you do not have to respond to them ad hoc. For now, the main point is: the obligation exists on paper, but has no product category to attach to yet.
Where this is set out: Articles 30 and 31 ESPR
These obligations stem from Articles 30 and 31 of Regulation (EU) 2024/1781 (ESPR), which govern the role of distributors and dealers in the supply chain of products with ecodesign requirements. These articles work in conjunction with the delegated acts that establish the specific requirements and implementation dates for each product category: without such an act for a category, Articles 30 and 31 have no practical effect for that category.
Those wishing to get started with this can best clarify their own position in the supply chain (manufacturer, importer or distributor) and follow announcements of delegated acts for the relevant product category, for example via official EU sources or via updates on this platform, so that by the time a date becomes known, preparation is already in place.
What this is based on
The regulation itself is on EUR-Lex. We provide references per statement; you do not have to take our word for it.
What you must concretely do
What is expected of you
A distributor or dealer is, according to the ESPR (Regulation (EU) 2024/1781), anyone who makes a product available on the market in the supply chain without being a manufacturer or importer: the wholesaler, the retail chain, the webshop that purchases from a European supplier. The obligations set out in Articles 30 and 31 of the ESPR are lighter than those of a manufacturer or importer, but they are not optional. Anyone in doubt about which role their company falls into will find the demarcation in Who is responsible for the product passport for electronics?
Checking whether the product passport and CE marking are present
Before a product is made available, a distributor must check whether the digital product passport and the associated QR data carrier are present, and whether the CE marking is on the product. This is a control obligation, not a substantive assessment: the distributor is not expected to verify the accuracy of every piece of information in the passport. For a company with 10 to 100 employees, this usually means that the purchasing department sets up a fixed control point when adding a new product to the assortment, for example as part of the existing supplier assessment.
Checking whether the required documentation and contact details are present
In addition to the passport itself, it must be checked whether the manufacturer (or their importer) has provided the required information and contact details, so that a user or supervisory authority knows who to contact. In practice, this amounts to keeping a supplier contact per article number, so that a question from a customer or authority can be passed directly to the party responsible for that.
Not making available in case of doubt about conformity
If a distributor has reasons to assume that a product does not meet the requirements — for example because the passport is missing or the CE marking is not present — the product must not be made available on the market until this is corrected. This is one of the points where the role of distributor comes closest to that of a manufacturer or importer, and where a wrong assessment can be the most costly. If you put your own brand or label on it, you change your role; this is set out in Selling under your own brand — what obligations do I have?
Cooperation with corrective measures
When a supervisory authority establishes that a product does not comply, the distributor must cooperate with measures to remedy this — such as removing a product from the shelf or providing information about the origin. For a company with a physical store or warehouse, this means that a procedure is in place to quickly identify and recall a product, even if it is only a limited number of units.
Providing information about the origin of the product
Upon request of a supervisory authority, a distributor must be able to indicate from whom the product was obtained and to whom it was sold, for a period as set out in the regulation. In practice, this is an administrative obligation: the purchase and sales data must be traceable per batch, not per individual item sold to a consumer.
Where things go wrong in practice
A first situation is the webshop that has products from a supplier outside the EU sent directly to the customer without realizing that its own role is changing as a result. Anyone who wants to know more about this will find the explanation in My manufacturer is outside the EU — who arranges the product passport then?
A second situation is the buyer who adds a new supplier to the assortment without actually carrying out the control point on passport and CE marking — it is on paper in the purchasing process, but is skipped in practice during busy periods or with small orders.
A third situation is the retail chain that resells a product line through its own marketplace listing, and incorrectly assumes that the platform takes over the control obligation. What a marketplace does and does not regulate is set out in What does the digital product passport mean if I sell electronics via an online marketplace?
A fourth situation is the company that purchases products within the EU from an intermediary, assuming that all obligations have already been met by another party. The origin of the product remains relevant, even when purchasing within the EU; see I purchase electronics in another EU country and resell them
A fifth situation is the distributor who cannot provide conclusive purchase and sales records during a recall action, making it difficult to quickly demonstrate which batch is involved and to whom it was resold.
What you can document
- A fixed control point in the procurement process to verify that the product passport, the QR data carrier and the CE marking are present before a product is added to the assortment.
- A supplier contact list per article number or product line, so that customer or supervisory authority inquiries can be forwarded directly to the responsible manufacturer or importer.
- A purchase and sales record that demonstrates per batch from whom a product was obtained and to whom it was resold.
- An internal procedure for temporarily removing a product from the assortment in case of doubt about conformity, including who within the company makes that decision.
- Clarity on the own role per product line — especially for private label, dropshipping or purchases outside the EU — documented alongside the regular supplier assessment; see also I sell private label electronics, what are my obligations?
- Agreements with the supplier about who is liable for an error in the product passport, so that this does not only become an issue in a dispute; see Who is liable if there is an error in the product passport?
This is not legal advice. This page provides general information about the regulations that this platform covers. We are not familiar with your situation. If you are in doubt about your own case, consult a lawyer or the competent supervisory authority.
Written with AI based on the sources above, checked by a human on 2026-08-22. Is something incorrect? Let us know — corrections take priority.