ESPR Conformity Assessment, CE Marking, and DPPs

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Introduction: The ESPR's Unified Compliance Framework

The Ecodesign for Sustainable Products Regulation (EU Regulation 2024/1781) establishes a comprehensive compliance framework that tightly integrates three critical elements: conformity assessment procedures, CE marking requirements, and Digital Product Passports (DPPs). Together, these components create a system designed to ensure that only products meeting stringent sustainability and ecodesign standards can be placed on the EU market.

For manufacturers, importers, and other economic operators, understanding how these three elements interact is essential for achieving and maintaining compliance. This article provides a detailed examination of each component and explains how they work together within the ESPR framework. For a broader overview, see our complete guide to the ESPR.

Conformity Assessment Under the ESPR

Conformity assessment is the process by which a manufacturer or economic operator demonstrates that a product meets the requirements set out in the applicable delegated act. The ESPR establishes several conformity assessment modules, aligned with the EU's New Legislative Framework, that may be specified in delegated acts for different product categories.

The most common conformity assessment procedure under the ESPR is Module A, internal production control, where the manufacturer conducts the assessment themselves without third-party involvement. However, for product categories with higher environmental or safety risks, delegated acts may require third-party conformity assessment through notified bodies.

Conformity assessment modules potentially applicable under the ESPR include:

• Module A: Internal production control (self-assessment by the manufacturer)
• Module B + C: EU-type examination followed by conformity to type (involving a notified body)
• Module D: Quality assurance of the production process (notified body oversight)
• Module E: Product quality assurance (notified body verification)
• Module F: Product verification (notified body testing of individual products)
• Module H: Full quality assurance (comprehensive notified body involvement)

The specific module or combination of modules required will depend on the delegated act applicable to the product category. Businesses must identify the correct procedure early in their compliance planning and ensure they have the internal capabilities, testing equipment, and external partnerships with notified bodies needed to complete the assessment within the required timeline.

Technical Documentation Requirements

Central to any conformity assessment is the preparation and maintenance of technical documentation. Under the ESPR, this documentation must demonstrate that the product meets all applicable ecodesign requirements and must be available for inspection by market surveillance authorities for a period of at least ten years after the product is placed on the market.

Technical documentation under the ESPR typically includes a general description of the product and its intended use, design and manufacturing drawings, descriptions of materials and components used, results of calculations, tests, and assessments performed during conformity assessment, a copy of the EU declaration of conformity, information on the product's environmental footprint where required, and substance of concern data.

The level of detail required in technical documentation is significantly more extensive under the ESPR than under earlier ecodesign legislation, reflecting the regulation's broader scope and more rigorous sustainability requirements. Businesses should review their current documentation practices and identify gaps that need to be addressed. Our ESPR compliance checklist provides a structured approach.

CE Marking and the EU Declaration of Conformity

Products that fall within the scope of an ESPR delegated act must bear the CE marking before they can be placed on the EU market. The CE marking signifies that the product has undergone the required conformity assessment and meets all applicable requirements. It must be affixed visibly, legibly, and indelibly to the product or, where this is not possible, to the packaging or accompanying documentation.

The manufacturer must also draw up an EU declaration of conformity, a formal document that identifies the product, states the applicable delegated acts and harmonised standards, and declares that the product meets all requirements. The declaration must be signed by an authorised representative of the manufacturer and kept as part of the technical documentation.

For products already subject to CE marking under other EU legislation (such as the Machinery Regulation or the Low Voltage Directive), the ESPR adds additional requirements rather than replacing existing ones. The CE marking on the product covers all applicable EU legislation, meaning the declaration of conformity must reference all relevant regulations. Businesses that already have CE marking processes in place should conduct a gap analysis to determine what additional documentation and assessment steps the ESPR requires.

The Digital Product Passport as a Compliance Tool

The Digital Product Passport under the ESPR serves as more than just an information repository, it is an integral part of the compliance infrastructure. The DPP must contain a link to the EU declaration of conformity, key data from the technical documentation, and information that enables market surveillance authorities to verify compliance remotely.

This integration means that the DPP effectively becomes the public-facing compliance record for the product. Market surveillance authorities can scan a product's DPP data carrier, access the declaration of conformity, review environmental footprint data, check substance of concern information, and identify the responsible economic operator, all without physically inspecting the product or requesting paper documentation.

For businesses, this means DPP creation must be closely coordinated with the conformity assessment process. The data in the DPP must be consistent with the technical documentation and declaration of conformity. Any discrepancies could trigger enforcement actions. Learn more about DPPs in our complete guide to Digital Product Passports.

Notified Bodies and Third-Party Assessment

Where delegated acts require third-party conformity assessment, businesses must engage notified bodies, organisations formally designated by EU member states to carry out specific conformity assessment tasks. Notified bodies are listed in the EU's NANDO database and must meet rigorous competence and independence criteria.

Engaging a notified body adds time, cost, and complexity to the compliance process. Businesses should identify well in advance whether their products will require third-party assessment and begin the procurement process early, as notified body capacity may become constrained as ESPR delegated acts come into force.

Key considerations when selecting a notified body include their scope of designation for the relevant product categories, their experience with ecodesign and sustainability assessments, their turnaround times and capacity, and their geographic presence and language capabilities.

Market Surveillance and Post-Market Obligations

Compliance does not end once a product is placed on the market. The ESPR imposes ongoing obligations on economic operators, including maintaining the accuracy of DPP data, retaining technical documentation for the required period, cooperating with market surveillance authorities during inspections, and taking corrective action if a product is found to be non-compliant after placement on the market.

Market surveillance authorities across the EU are being equipped with enhanced tools and powers under the ESPR, including the ability to access DPP data remotely, conduct coordinated cross-border enforcement actions, and order the withdrawal of non-compliant products. Understanding these enforcement mechanisms is important for risk management, see our article on ESPR penalties and enforcement.

Bringing It All Together: A Coordinated Approach

The ESPR's integration of conformity assessment, CE marking, and Digital Product Passports means that businesses must take a coordinated approach to compliance. Treating these elements as separate, disconnected processes will lead to inefficiencies, inconsistencies, and compliance gaps.

The recommended approach is to establish a single compliance workflow that begins with product design (ensuring ecodesign requirements are built in from the start), progresses through conformity assessment (with documentation prepared systematically), and culminates in DPP creation and CE marking (with data flowing seamlessly from the assessment process into the passport).

The European Commission's ESPR resources provide further guidance on conformity assessment procedures and CE marking requirements. Businesses that invest in building integrated compliance processes now will be well prepared as delegated acts are adopted and enforcement begins.