What does a supervisory authority ask during an inspection of electronics?

Documents, technical substantiation and access to the product

A market surveillance authority conducting an inspection of electronics is essentially requesting three things: evidence that the product complies with the rules, access to the underlying technical information, and the ability to verify this itself. Regulation (EU) 2019/1020 empowers market surveillance authorities to request documentation and information from the manufacturer, importer or another market participant designated for that purpose. In practice, this typically concerns the product's technical documentation, the EU Declaration of Conformity, and data on the origin and distribution of the product in the supply chain. Once the digital product passport for a product category becomes mandatory, its content is also included here: a market surveillance authority can compare the data in the passport with the underlying documentation to verify that they match.

For manufacturers and importers, not automatically for the seller

This request for documentation is primarily directed at the manufacturer, and for products from outside the EU at the importer — they are the ones who must draw up and retain technical documentation in accordance with Article 27 of the ESPR (Regulation (EU) 2024/1781). A retailer or distributor may be approached, but usually with a more limited request: can it be demonstrated who the manufacturer or importer is, and is a valid Declaration of Conformity present with the product. The obligation to reconstruct the underlying technical substantiation does not rest with the seller. This concerns the conformity of the product itself and the associated documentation — it is not about whether a warranty or consumer law dispute is justified, which is a different process with different rules.

No fixed date yet for electronics-specific requirements

For electronics and ICT equipment, it is not yet determined when product category-specific requirements from the ESPR — and with them the digital product passport — will actually take effect. The European Commission's work plan for 2025-2030 mentions delegated acts per sub-category, with an expectation that the first of these will be published from 2027 onwards. As long as such a delegated act does not exist, the existing CE marking rules and general market surveillance powers under Regulation (EU) 2019/1020 remain fully in force: a market surveillance authority can already request technical documentation and proof of conformity now, only without the additional passport obligation. Once the delegated act for a sub-category of electronics has been published, the date will be posted here.

What to do if the request actually comes

If a manufacturer or importer of electronics faces an inspection, it is practically wise to first establish what documentation already exists: the technical documentation, the EU Declaration of Conformity, and — if applicable — the information contained in a digital product passport. The second step is to verify that those documents correspond to the specific product model that the request concerns; market surveillance often focuses on a specific model or a particular batch, not the entire assortment. After that, it is important to know who within the organisation is authorised to respond on behalf of the manufacturer or importer, and within what time frame a response is expected — that deadline is specified in the letter or request from the market surveillance authority itself, and varies from case to case. Finally, it is advisable to retain what is requested and what is provided, so that your own file of the inspection is created.

Where this follows from: 2019/1020 and Article 27 ESPR

The authority of a market surveillance authority to request documentation and information, and to inspect products, is derived from Regulation (EU) 2019/1020 on market surveillance and product compliance. That regulation governs how market surveillance authorities throughout the EU act on products falling under harmonised EU legislation, and whom they may address for this purpose. The obligation for manufacturers to prepare, keep and provide technical documentation upon request is laid down in Article 27 of the ESPR (Regulation (EU) 2024/1781). That article establishes the basic obligations of manufacturers; the specific requirements per product group — including electronics — follow only from the delegated acts that the Commission establishes per sub-category.

Anyone currently trading in electronics or ICT equipment should begin by putting existing technical documentation and declaration of conformity in order, so that it is demonstrably attributable to the correct product model at all times. For the question of when a digital product passport becomes mandatory for your own product category, the publication of the delegated act remains the source to follow — that date will be posted here as soon as it is known.