Understanding ESPR Delegated Acts: A Timeline Overview

Introduction: The Role of Delegated Acts in the ESPR Framework

The Ecodesign for Sustainable Products Regulation (EU Regulation 2024/1781) is a framework regulation, meaning its core text establishes the legal architecture and general principles, whilst the detailed product-specific requirements are set through delegated acts adopted by the European Commission. Understanding how delegated acts work, and when they are expected for different product categories, is essential for any business preparing for ESPR compliance.

Delegated acts are the mechanism through which the ESPR's broad ambitions become concrete, enforceable obligations. Each delegated act targets a specific product group or horizontal issue and sets out the precise ecodesign requirements, performance standards, information obligations, and Digital Product Passport specifications that apply. Without a delegated act, the ESPR's framework provisions do not create direct compliance obligations for specific products. This article provides a comprehensive overview of the delegated act process and timeline.

How Delegated Acts Work Under the ESPR

Under EU law, delegated acts allow the European Commission to supplement or amend non-essential elements of a regulation without requiring the full legislative procedure involving the European Parliament and Council. For the ESPR, this means the Commission can adopt detailed product-specific rules relatively quickly, adapting to technological developments and market changes.

The process for adopting a delegated act under the ESPR typically follows several stages:

• Preparatory study: The Commission commissions a technical study to assess the environmental impact, market characteristics, and improvement potential for the product group
• Stakeholder consultation: Industry, civil society, member states, and other stakeholders are consulted through formal and informal channels
• Impact assessment: The Commission assesses the economic, environmental, and social impacts of proposed requirements
• Draft delegated act: The Commission prepares a draft legal text based on the study, consultation, and impact assessment
• Scrutiny period: The European Parliament and Council have a period (typically two months, extendable by two months) to object to the delegated act
• Publication and entry into force: If no objection is raised, the delegated act is published in the Official Journal and enters into force, usually with a transitional period before requirements become mandatory

This process typically takes two to four years from initiation to enforcement, depending on the complexity of the product category and the extent of stakeholder debate.

Priority Product Categories

The ESPR identifies several product categories for priority action, based on their environmental impact, market volume, and improvement potential. The Commission has outlined a working plan that identifies the first wave of product groups to be addressed through delegated acts.

The working plan adopted on 16 April 2025 schedules textiles (apparel), one of the most resource-intensive consumer sectors, for 2027; iron and steel, a major industrial material with significant environmental impact, for 2026; aluminium, with its high energy intensity in production, for 2027; tyres, where wear particles and end-of-life management are key concerns, for 2027; furniture, with challenges around durability and recyclability, for 2028; and mattresses for 2029. Two horizontal measures, repairability including a repairability score (2027) and recycled content and recyclability of electrical and electronic equipment (2029), reach electronics. Footwear, paints and coatings, and lubricants were assessed but left out, and detergents get a passport under their own Regulation (EU) 2026/405 from 23 September 2029.

This prioritisation does not mean other product categories are exempt. The ESPR empowers the Commission to adopt delegated acts for virtually any physical product placed on the EU market, and additional product groups will be added to the work programme over time. For a detailed sector-by-sector analysis, see our ESPR timeline and deadlines guide.

Horizontal Delegated Acts

In addition to product-specific delegated acts, the ESPR provides for horizontal delegated acts that apply across multiple product categories. These are particularly important because they establish common frameworks and standards that underpin the entire regulatory system.

Key horizontal issues expected to be addressed through delegated acts include the Digital Product Passport framework (covering data standards, interoperability, and technical specifications that apply to DPPs across all product categories), substance of concern reporting (establishing common methodologies and thresholds for substance tracking and reporting), environmental footprint methodology (standardising how Product Environmental Footprint calculations must be performed and reported), and destruction of unsold goods (implementing the ESPR's provisions on preventing the destruction of unsold consumer products).

Horizontal delegated acts are expected to be among the first adopted, as they provide the foundation for product-specific requirements. Our article on circular economy and DPPs explores how these horizontal frameworks support broader policy objectives.

Expected Timeline for Key Delegated Acts

Whilst exact timelines remain subject to change based on the Commission's work programme and political priorities, the following represents the currently expected schedule for key delegated acts. In 2025 the Commission adopted the ESPR working plan (16 April 2025) and in 2026 the horizontal DPP acts followed: Delegated Regulation (EU) 2026/296 on derogations from the unsold-goods destruction ban (9 February 2026), Implementing Decision (EU) 2026/1736 on harmonised DPP standards (14 July 2026) and Implementing Regulation (EU) 2026/1778 on the DPP registry (16 July 2026), with the registry itself opening on 20 July 2026. Iron and steel is the first product group scheduled for a delegated act (indicative adoption 2026), and the textiles preparatory work continues towards adoption in 2027.

Through 2027 and 2028, additional product-specific delegated acts are expected for tyres and aluminium (2027) and furniture (2028); paints and lubricants were left out of the 2025-2030 working plan and detergents get a passport under their own Regulation (EU) 2026/405 from 23 September 2029, with the first mandatory DPP requirements likely coming into force for priority product categories. By 2029 and 2030, a broader range of product categories should be covered, with the regulatory framework maturing and enforcement becoming fully operational across the EU.

It is important to note that these timelines are indicative. The Commission has the discretion to accelerate or delay specific delegated acts based on preparatory study outcomes, stakeholder input, and political considerations. Businesses should monitor developments closely through the European Commission's ESPR page.

Transitional Periods and Phase-In Arrangements

Each delegated act includes transitional periods that give businesses time to adapt to new requirements. These transitional periods vary depending on the complexity and impact of the requirements, but typically range from eighteen months to three years from the date of publication.

During transitional periods, businesses are expected to be actively preparing for compliance but are not yet subject to enforcement. This means investing in the necessary systems, data collection, and supply chain adjustments needed to meet requirements by the enforcement date.

Critical considerations during transitional periods include:

• Building or procuring DPP management systems before the compliance deadline
• Conducting product lifecycle assessments and gathering environmental footprint data
• Engaging with suppliers to secure the sustainability data required for compliance
• Training staff on new compliance obligations and processes
• Conducting pilot implementations to identify and resolve issues before requirements become mandatory
• Engaging with notified bodies where third-party conformity assessment is required

How Businesses Should Monitor Delegated Act Developments

Staying informed about delegated act developments is essential for effective compliance planning. Businesses should establish systematic monitoring processes that track regulatory developments relevant to their product range.

Effective monitoring strategies include subscribing to the European Commission's notifications on ESPR developments, participating in industry association working groups focused on ESPR implementation, engaging with national standards bodies involved in developing harmonised standards, monitoring the EU's Have Your Say portal for stakeholder consultations on draft delegated acts, and building relationships with regulatory affairs consultants who specialise in EU product policy.

Proactive engagement with the delegated act process, including participation in stakeholder consultations, also provides businesses with the opportunity to influence the development of requirements in ways that are both ambitious and practically achievable. For a structured approach to monitoring and preparation, see our ESPR compliance checklist.

Preparing for Uncertainty

One of the challenges businesses face is that the precise requirements of delegated acts are not yet known for many product categories. This uncertainty can make it tempting to delay preparation. However, the broad direction of the ESPR is clear: products must be more durable, repairable, recyclable, and transparent. Businesses that begin working towards these objectives now, even before the specific requirements are finalised, will be in a far stronger position than those who wait.

Practical steps that businesses can take regardless of the precise delegated act requirements include beginning to collect lifecycle data for key products, mapping supply chains and establishing sustainability data-sharing relationships with suppliers, investing in Digital Product Passport platforms that can be adapted to meet future requirements, and building internal expertise in ecodesign, lifecycle assessment, and circular economy principles.

The ESPR's delegated acts will shape the future of product regulation in the EU for decades to come. Businesses that understand this process and prepare systematically will not only achieve compliance but will also unlock the competitive advantages that come with genuine sustainability leadership. Our guide to Digital Product Passports is a useful starting point for understanding one of the most critical elements of the emerging framework.