Which products from the electronics industry fall under the ESPR?

Electronics fall under the ESPR, but only after a product-specific rule

Electronics and ICT equipment are in principle within the scope of the ESPR (Regulation (EU) 2024/1781), because Article 1 of that Regulation establishes a broad framework for physical products placed on the market or put into service in the EU. However, the ESPR itself does not yet set out concrete requirements for electronics. It works through delegated acts per product group: only once the European Commission has adopted such an act for a specific category — for example smartphones, laptops, servers or washing machines — do requirements such as ecodesign, information obligations and the digital product passport apply to those products. For electronics and ICT, that process is not yet complete; it is scheduled in the ESPR work plan 2025-2030.

Which products this applies to, and what exemptions exist

The scope of Article 1 is broadly formulated: it concerns physical goods, and Article 2 also includes components and intermediate products. For the electronics industry, this means that not only end products such as phones, tablets, computers and household appliances can fall within scope, but in principle also parts thereof, such as batteries, circuit boards or casings, insofar as a delegated act provides for this. Article 1 also lists a number of categories that fall outside the scope, such as food, animal feed, medicinal products, living plants and animals, products of human or animal origin, and vehicles that already fall under their own type-approval rules. For the electronics and ICT industry, that exemption list is usually not relevant: consumer electronics, white goods and telecommunications equipment generally do not fall under the exemption, but under the main rule. What is important, however, is the distinction between "falls within the scope of the ESPR" and "already has a concrete obligation" — the latter only applies once there is a delegated act for that product group.

When this becomes concrete: no fixed date yet

There is no fixed date for when specific requirements for electronics and ICT equipment will come into force. What is established, however, is the process: the Commission will develop the ESPR through a work plan indicating for each sub-category when a delegated act will be prepared, and for electronics and ICT the work plan envisages the period from 2027 onwards. This is a plan, not a legally binding entry date — the actual date is only fixed once the delegated act for the relevant product category has been published. Until then, nothing changes in the legal obligations for electronics importers and manufacturers based on the ESPR itself. For some product groups, moreover, there are already separate ecodesign requirements from before the ESPR; these remain in force as long as they have not been replaced or withdrawn.

What this means for those who want to prepare now

The first step is to check whether your own product category is included in the ESPR work plan 2025-2030, and if so, at what stage of preparation it is. The second step is to monitor publication of the delegated act for that category; that document will determine which requirements apply, including any obligation for a digital product passport. The third step, once that act is in place, is to check which data it requires — think of information on materials, repairability, recyclability or carbon footprint — and where that data must come from within your own organisation or supply chain. Until that act is published, there is no legal obligation based on the ESPR, but nothing prevents you from already inventorying which product data are available and which are missing, so that the transition will be less work later.

The basis: Article 1 and Article 2 of the ESPR

That electronic and ICT equipment is in principle within the scope of the ESPR follows from Article 1 of Regulation (EU) 2024/1781, which applies the framework for ecodesign to physical goods placed on the market or put into service in the Union, with a limited list of exemptions. That this may also include components and intermediate products follows from the definition of "product" in Article 2. That concrete requirements per product group only apply after a delegated act is the structure that characterises the ESPR as a framework regulation: Article 1 establishes the scope, but the specification per product category — including electronic and ICT — follows via separate acts that still need to be adopted.

If you want to know whether and when a delegated act is expected for your own product group, you can best check this via the published ESPR work plan of the European Commission; as soon as elektropas.com sees a delegated act published for an electronic or ICT category, the date and content will be processed here.

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

The ESPR (Regulation (EU) 2024/1781) is a framework regulation. This means that Article 1 sets out the scope in broad terms — almost all physical products placed on the EU market can be affected by it — but the regulation itself does not yet state which requirements apply to which product. That specification comes per product group, through separate delegated acts. For the electronics industry, this is not yet concrete at this moment: there is no delegated act published yet that states that a washing machine, a router or a laptop must have a passport from a certain date onwards. What can already be inferred from the text, however, is useful to assess now whether a product falls within the scope of the regulation.

Determining whether the product is a "product" within the meaning of the ESPR

Article 2 of the ESPR (Regulation (EU) 2024/1781) defines what counts as a product within this regulation. For a company with 10 to 100 employees, this means in practice that it is worthwhile to review your own assortment in accordance with that definition, rather than waiting for a list of product names. A sub-question that often comes up in this regard concerns the precise delimitation per type of device; that question recurs in does the digital product passport apply to my electronics?.

Making a distinction between the framework and the product-specific rules

Because the ESPR itself does not set concrete requirements per product group, it is important for a company to understand that "falling under the ESPR" does not automatically mean that there is already an obligation. That obligation only arises with a delegated act for the specific product group. What that instrument exactly is and why its content is decisive for what a company ultimately has to do is explained in what is a delegated act and why does it determine what I have to do?

Taking account of differences between sub-categories

Within "electronics and ICT" there is a wide range of products: from small consumer appliances to large household appliances. The ESPR allows different requirements to be set per sub-category, and the ESPR work programme confirms that approach per product group. For a company operating multiple product lines, this means that one line may face earlier requirements or different requirements than another. Background information on why this distinction is made can be found in why are there different rules for different types of devices?

Flagging when a device contains a battery

Many electronics devices have a built-in or removable battery. Battery regulation operates through a different track than the ESPR, and this can give rise to questions about whether one or two passports are needed for the same device. It is useful to map this out early, even though strictly speaking this subject is not part of the question "what falls within its scope", as it does directly affect the question of which product groups a company needs to keep an eye on.

Where things go wrong in practice

A recurring pattern is that a company assumes the ESPR "does not yet apply" because there is no delegated act published for its own product group, and therefore does not record anything at all. However, the framework article and the definitions in the regulation already apply, and it is that basis to which a future delegated act will be added — not something that only then falls from the sky.

A second situation is that a company classifies a product as "not electronics" because it does not draw power from a wall socket, while the definition in Article 2 may be broader than just equipment with a plug. Battery-powered devices and devices with only a rechargeable battery may also fall within it, which is easily overlooked in an initial assessment.

A third pitfall is equating "electronics" as a broad industry with a single set of rules, whereas the work plan is structured around separate delegated acts per product category. A company selling both small appliances and large household appliances runs the risk of assuming that one assessment for the entire range is sufficient.

A fourth situation is that companies confuse the question "does my product fall under this" with the question "do I need to do anything now". The first is a matter of scope according to Article 1 and the definitions of Article 2; the second depends on whether, and when, a delegated act has been adopted for that specific product group. Those who mix up these two questions sometimes conclude that there is nothing to worry about, whereas it is better to answer both questions separately.

Finally, smaller companies sometimes see the framework regulation as something that only affects large manufacturers. The ESPR makes no distinction by company size in its scope; what may have different implications for smaller companies is in any exemptions that are only set out in a delegated act. That question is addressed under does the product passport also apply to small companies?

What you can document

An overview of your own product range, classified according to the definition of "product" in Article 2 of the ESPR (Regulation (EU) 2024/1781), so that it is clear which product lines may fall within the scope of the regulation.
A note for each product line on the product category in which it falls within electronics and ICT, with a reference to the ESPR work plan, as preparation for when a delegated act for that product category is published.
A brief note on which products contain a battery, as a basis for the later assessment of whether there is an overlap with battery legislation.
A standing arrangement for who within the company monitors the publication of new delegated acts, and at what point that person reviews the product overview again.
A log of the assessment moments themselves: when was the range last checked against the ESPR definitions, and what conclusion was drawn from it. This makes it clear at a later point how your own assessment was built up.

For broader background on what substantively changes for the industry as a whole, and on when the first concrete obligations are expected, it is what changes does the ESPR bring for the electronics industry? and when does the product passport become mandatory for electronics? useful as further reading.

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.