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ESPR Non-Compliance Penalties: Fines, Withdrawal, Import Bans

What happens if a required DPP is missing or incorrect: national fines, product withdrawal, import bans and market-surveillance steps under ESPR.

· 17 min read · InfoDPP

Why Manufacturers Need to Understand ESPR Penalties

The Ecodesign for Sustainable Products Regulation (ESPR), Regulation (EU) 2024/1781, is not voluntary guidance. It is a binding EU regulation that establishes a framework for market surveillance and penalties in cases of non-compliance. It is important, however, to distinguish between what is already fixed in law and how individual Member States will prioritise inspections, organise procedures and apply penalties in practice. For battery categories covered by battery passport rules, the first binding requirement takes effect on 18 February 2027.

Yet many manufacturers, importers and distributors still treat DPP compliance as a future concern. This article explains what happens when businesses fail to meet their ESPR obligations and how to avoid costly penalties.

The ESPR lays out its enforcement framework across several chapters (such as Chapter XI for Market surveillance and Chapter XIV for Final provisions):

ArticleSubjectKey Provision
Art. 74PenaltiesMember States must lay down rules on penalties, including fines and temporary exclusion from public procurement; they must be effective, proportionate, and dissuasive
Art. 69Safeguard procedureAllows Member States to act against non-compliant products, including withdrawal and recall
Chapter XIMarket surveillanceLinks to Regulation (EU) 2019/1020 on market surveillance and product compliance

Critical detail: National implementation

Unlike a directive, ESPR is a regulation that applies directly in all EU Member States. However, Article 74 leaves Member States to establish the detailed penalty rules. This means:

  • Each Member State defines its own fine amounts, temporary procurement exclusions and enforcement procedures
  • Penalties must be “effective, proportionate, and dissuasive” (the EU minimum standard)
  • Member States must notify the European Commission of their penalty regimes
  • Notification to the Commission does not create a single EU-wide fine schedule

As a result, penalties for similar infringements can differ between Germany, France, Spain, and other markets.

What Counts as Non-Compliance?

Non-compliance with ESPR covers a broad range of violations. It is important to understand that even partial non-compliance can trigger penalties and enforcement action.

1. Missing Digital Product Passport

The most obvious violation: placing a product on the EU market without the required DPP after the applicable deadline. This applies to:

  • Products without the DPP data carrier required for the relevant product category
  • Products with a data carrier that leads to an empty or non-functional DPP
  • Products where the DPP data carrier is not accessible to end users

2. Incomplete or inaccurate DPP data

Even if a DPP exists, it can be non-compliant if:

  • Required data fields are missing (as defined in the product-specific delegated act)
  • Data is materially inaccurate: for example, carbon footprint values are wrong or the material composition is incorrect
  • Data is outdated: the DPP must reflect the actual state of the product
  • Data format doesn’t meet technical standards: the DPP must be machine-readable

3. Non-compliant data carrier

The physical data carrier must meet specific requirements, and its permitted location depends on the applicable product rule. Under the ESPR this does not automatically mean a QR code in every case: the regulation defines a data carrier more broadly as a linear barcode symbol, a two-dimensional symbol, or another automatic identification data capture medium readable by a device. The specific format is to be set by the applicable delegated act or sector-specific regulation.

  • The carrier must be open and interoperable and carry a unique product identifier, as required by Articles 9 and 10 and Annex III of the ESPR. The specific format will follow from harmonised standards and the applicable delegated or sector-specific act. GS1 Digital Link is a common technical solution but is not named as the only mandatory URL format in the ESPR itself
  • It must remain machine-readable and durable for the period and under the conditions set by the applicable product rules
  • It must lead to an accessible and functional DPP
  • It must be placed in a visible location on the product, its packaging or documentation accompanying the product, as required by Article 10 of the ESPR and the applicable delegated act

The clearest exception today is batteries: Regulation (EU) 2023/1542 expressly requires a QR code. From 18 February 2027, all batteries must be marked with a QR code and, for LMT batteries, industrial batteries above 2 kWh and electric vehicle batteries, that QR code must provide access to the battery passport.

4. Failure to update DPP information

DPP data must be kept up to date as required by the applicable product rules. Check whether the following changes require an update, a new version or a new identifier:

  • Product composition changes
  • Sustainability certifications are renewed or revoked
  • Repair information or spare parts availability changes
  • Any information that affects compliance becomes outdated

5. Obstruction of market surveillance

Refusing or failing to cooperate with market surveillance authorities, such as by withholding requested documentation or access to DPP data, is a separate offence with its own penalties.

Types of Sanctions

ESPR enforcement goes far beyond monetary fines. The regulation and the related Market Surveillance Regulation (EU) 2019/1020 establish a graduated system of sanctions:

Financial penalties

How to read the national examples: these battery provisions are separate from ESPR and are not an EU-wide tariff. Amounts depend on the offence, the type of offender, repeat-offence rules and the date the underlying duty applies. Rows marked as proposals are not enacted fines.

National legislation

DPP penalty tracker by scope

As of 20 September 2026, the table distinguishes direct sanctions for a missing battery passport from penalties for data quality, marking and QR codes, as well as draft legislation.

Active table

Scope

The scope of sanctions differs between countries, and not every battery penalty concerns a missing passport itself.

The passport obligation for LMT batteries, industrial batteries above 2 kWh and electric vehicle batteries starts on 18 February 2027. The deadline for Member States to establish national penalties expired earlier, on 18 August 2025.

Croatia

Direct DPP sanction

Narodne novine 152/2024
Legal basis
Articles 17 and 23 of the Battery Regulation implementation act
Consequence
From 18 February 2027, a legal person may be fined EUR 3,000 to EUR 30,000 for a missing passport, required information, QR access or identifier linkage, inaccurate, incomplete or outdated data, or missing required interoperability. Separate ranges apply to responsible persons, sole traders and other natural persons.

Belgium

Direct DPP sanction

Product Standards Act, Article 17
Legal basis
Article 17(2)(14) of the Act of 21 December 1998; Criminal Code Article 78
Consequence
The criminal provision covers Article 77, except paragraph 9, and Article 78 of the Battery Regulation. The statutory base fine is EUR 52 to EUR 120,000. Under the conversion rules applicable from 1 September 2026, the main criminal fine is EUR 520 to EUR 1,200,000 (base × 10). This is not the range for the separate administrative procedure.

France

Direct DPP sanction

Decree No 2025-992
Legal basis
Decree No 2025-992 and the Consumer Code
Consequence
For consumer products, infringement of Articles 77 and 78 is a fifth-class offence. Ordinary maximum fines are EUR 1,500 for a natural person and EUR 7,500 for a legal person. Where the statutory repeat-offence conditions apply, these rise to EUR 3,000 and EUR 15,000 respectively.

Germany

Data quality sanction

BattDG §60
Legal basis
BattDG §60(2)(29) and (3); Battery Regulation Article 77(4)
Consequence
A fine of up to EUR 10,000 applies to failure to ensure that passport information is accurate, complete and up to date. This provision does not establish a direct penalty for every case of a missing passport.

Italy

Marking and QR sanction

Article 34
Legal basis
Decreto legislativo 10 febbraio 2026, n. 29
Consequence
Article 34(1) provides an administrative fine of EUR 10,000 to EUR 150,000 for specified marking infringements, unless the act constitutes a criminal offence. From 18 February 2027, point (d) covers QR code requirements in Article 13(6) and (7). It is not a general penalty for a missing passport under Article 77(1).

Czechia

Draft

Bill No 58
Legal basis
Bill No 58, proposed §122a(1)(n) and (2)(b)
Consequence
The bill proposes up to CZK 5,000,000 for a battery manufacturer that is a legal person or a natural person acting in a business capacity and fails to provide the required passport under Articles 77 and 78. This is a proposed maximum, not an enacted fine; parliamentary consideration is ongoing.

Sweden

Battery framework adopted; ESPR proposal

Memorandum KN2026/01561
Legal basis
SFS 2025:813 and memorandum KN2026/01561
Consequence
SFS 2025:813 complements the Battery Regulation without setting a direct battery passport fine. The memorandum of 16 July 2026 proposes a new environmental penalty system. Its proposed fine for a missing product passport concerns ESPR, not the battery passport, and is not yet law.

Netherlands

Passed by lower house; Senate stage

Bill 36880: parliamentary status
Legal basis
Battery Regulation implementation bill
Consequence
The lower house passed bill 36880 on 3 September 2026; Senate consideration is still pending. The bill broadens the Environmental Management Act to cover product safety and health alongside environmental rules. It does not itself set a specific fine for a DPP infringement.

Poland

Draft legislation in progress

UC107
Legal basis
Draft act on batteries and waste batteries
Consequence
UC107 would establish supervision, conformity assessment and sanctions under the Battery Regulation. It remains a government legislative project, not an enacted battery passport fine. The published timetable schedules Council of Ministers approval for the third quarter of 2026.

Product withdrawal from the market

Under Article 69 of the ESPR, a market surveillance authority generally first requires the economic operator to correct the non-compliance within an appropriate period. If corrective action is not taken or the non-compliance persists, the authority may restrict or prohibit the product, withdraw it from the market or recall it from users.

In practice, this may require removal from sales channels, a pause in selling existing stock and deletion of online offers. Faster action is possible where the nature of the risk or sector rules require it. Dangerous products may also be notified through the EU Safety Gate, which is not a general register of DPP non-compliance.

Import bans

Customs authorities at the external borders of the EU participate in controls of products subject to an applicable DPP requirement. If a control raises a suspicion of non-compliance, release for free circulation may be suspended and the case may be referred to the competent market surveillance authority. Following its assessment, the authority may allow release, require corrective action or impose a restriction, prohibition, withdrawal or recall.

The start date of a passport requirement does not create an automatic block on every shipment without a DPP. The scope of controls will depend on the relevant sector regime, connections to the DPP Registry, risk analysis and national practice. Return or destruction of goods requires an appropriate legal basis and satisfaction of the conditions in the applicable rules.

Commission Implementing Regulation (EU) 2026/1778 now defines the Registry’s data structure and verification mechanisms. However, its connection to the EU Single Window Environment for Customs and product-specific enforcement procedures are still being developed. The practical scope of controls will therefore continue to depend on the sector and Member State.

This is particularly relevant for importers sourcing from non-EU manufacturers who may not yet be familiar with DPP requirements.

Public disclosure and reputational harm

The ESPR and Market Surveillance Regulation provide for public disclosure of non-compliance:

  • Unsafe products may be notified in EU Safety Gate; other compliance findings may be disclosed through national decisions, notices or reports
  • Market surveillance authorities publish annual reports describing areas in which non-compliance has been found
  • Major non-compliance cases may receive media coverage and damage brand reputation
  • B2B customers increasingly check compliance status before signing supply contracts

Supply chain liability

ESPR creates a chain of responsibility across the supply chain:

  • Manufacturers bear primary liability for creating and maintaining the DPP
  • Importers are liable if they place non-compliant products on the EU market
  • Distributors face penalties if they sell products they know, or should know, lack a compliant DPP
  • Online marketplaces, under the Digital Services Act (Reg. (EU) 2022/2065), the General Product Safety Regulation (Reg. (EU) 2023/988) and the Market Surveillance Regulation (Reg. (EU) 2019/1020), must cooperate with authorities and can be required to remove listings for products that breach applicable DPP obligations
  • Authorised representatives can be held liable for products they represent

Who Enforces DPP Requirements?

Market Surveillance Authorities (MSAs)

Each EU Member State designates one or more Market Surveillance Authorities responsible for enforcing product requirements. In practice, competence is sector-specific: product safety, chemicals, batteries, electronics, packaging and online sales can involve different authorities. The examples below are starting points and sector bodies, not a complete list of every competent authority in the EU:

CountryAuthorityFocus
🇩🇪 GermanyBAuA (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) + Länder authoritiesFederal coordination + regional enforcement
🇫🇷 FranceDGCCRF (Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes)Consumer protection and product compliance
🇪🇸 SpainMinisterio de Consumo + Regional authoritiesCoordinated national approach
🇵🇱 PolandUOKiK (Urząd Ochrony Konkurencji i Konsumentów) + Trade InspectionMarket surveillance and competition
🇮🇹 ItalyMIMIT + sector authoritiesProduct safety, CE marking and sector enforcement
🇳🇱 NetherlandsNVWA + ILT + sector authoritiesConsumer products, environmental requirements and sector checks
🇸🇪 SwedenSwedac / Market Surveillance Council + sector authoritiesNational coordination and enforcement by specialised agencies
🇫🇮 FinlandTukes (Turvallisuus- ja kemikaalivirasto)Safety and chemicals agency

Authorities also use EU cooperation tools such as ICSMS, which allows market surveillance bodies in EU and EFTA countries to exchange information about non-compliant products.

Customs authorities

At the external borders of the EU, customs authorities participate in controls of imported goods. DPP verification will apply to the extent provided by the relevant sector rules and the developing connection between the DPP Registry and the EU Single Window Environment for Customs.

European Commission oversight

The European Commission monitors enforcement across Member States and can:

  • Initiate infringement proceedings against states that don’t enforce properly
  • Issue standardisation requests to CEN, CENELEC and ETSI and publish references to harmonised standards in the Official Journal. The technical text of those standards is drafted and published by the European Standardisation Organisations, not by the Commission
  • Coordinate EU-wide enforcement campaigns targeting specific product categories
  • Maintain the EU Digital Product Passport Registry. Commission Implementing Regulation (EU) 2026/1778 sets its operating rules, while the production Registry, separate testing environment and implementation resources became available on 20 July 2026. The Commission describes registration as available through a secure interface or API, but product-specific use and enforcement still depend on the applicable semantic catalogue and sector rules. The act also covers batteries, construction products, toys, detergents and other Union laws that use the Registry, not only the first application involving batteries

European Product Act: the Commission’s communication of 10 September 2026 still describes the initiative as an upcoming proposal. The planned Q3 2026 timetable is not an application date or an adopted enforcement rule. See European Product Act and DPP enforcement.

How Enforcement Works in Practice

At this stage, some caution is necessary: the broad outline of enforcement is already visible in the legal framework, but the exact inspection sequence will still depend on the product category, national procedure, implementing measures and market-surveillance practice. The outline below shows a likely sequence, not a single fully harmonised process already operating identically across the EU.

1

Market Surveillance

Customs checks and random market audits may include verification of the data carrier, DPP accessibility, and core documentation.

2

Corrective Action

Detected non-compliance will often lead to a corrective-action request and a deadline to complete or fix the DPP data.

3

Financial Penalties

Failure to act may lead to fines or other administrative penalties defined under national law.

4

Market Ban

In serious or persistent cases, authorities may block imports, order withdrawals, or prohibit further sales.

Step 1: Market surveillance inspection

MSAs may carry out proactive inspections and may also react to complaints, customs checks, or sector-specific control campaigns. In practice, inspections can include both physical checks (in stores or warehouses) and digital reviews (such as online listings). Where a DPP and data carrier are already required for a category, authorities will typically verify:

  • Does the product have a data carrier?
  • Does the QR code resolve to a valid DPP?
  • Is the DPP data complete and accurate?
  • Does the data match the physical product?

Step 2: Notification of non-compliance

If a violation is found, the MSA may issue a formal notification or corrective-action request to the economic operator. The exact form depends on national procedure, but it often includes:

  • Description of the violation
  • Deadline for corrective action (often somewhere between several days and several weeks, depending on the national procedure)
  • Warning that the case may escalate if the issue is not resolved

Step 3: Corrective measures

The manufacturer or importer will typically need to:

  • Fix the DPP (add missing data, correct inaccuracies)
  • Provide evidence of compliance to the MSA
  • Recall or update affected products if already sold
  • Document corrective actions for future audits

Step 4: Penalties for unresolved non-compliance

If corrective measures are not taken within the deadline, or if the authority considers the breach serious, the following measures may be taken:

  • Formal imposition of a fine
  • Market withdrawal orders
  • Publication of the non-compliance in official registers
  • In severe cases, criminal prosecution (in Member States that classify certain violations as criminal offences)

The Battery Regulation: A Separate Enforcement Regime

The battery passport is governed by Regulation (EU) 2023/1542, not by an ESPR product delegated act. Article 93 requires national penalties for breaches of that regulation. Its passport obligation begins on 18 February 2027 for covered categories; the national offences and enforcement rules must be assessed separately from ESPR Article 74.

Key enforcement provisions specific to batteries:

  • Battery categories covered by the battery passport rules will need to have a passport in line with Regulation (EU) 2023/1542
  • From 18 February 2027, all batteries must be marked with a QR code; for LMT batteries, industrial batteries above 2 kWh and electric vehicle batteries, the QR code must lead to the battery passport
  • The passport must contain the information required by Annex XIII, subject to battery category and the start of the underlying requirements; this includes the applicable state-of-health, carbon-footprint and recycled-content information
  • The economic operator placing the battery on the market must ensure that the battery passport information is accurate, complete and up to date
  • Member States are required to define penalties for non-compliant batteries in national implementing legislation
  • Croatia, Belgium and France have adopted direct sanctions for a missing battery passport. Germany penalises data quality, while Italy penalises specified marking and QR code infringements. In Czechia, a sanction for a missing passport remains a draft

This is no longer just a theoretical discussion: manufacturers within the scope of the battery passport should expect actual supervision and enforcement once the obligation applies, even if the intensity and sequence of measures vary by national practice.

Two recent changes to the battery timeline

Two developments since this regime was first drafted change when parts of it take effect:

  • Battery due diligence applies from 18 August 2027. Articles 48 and 52(3) provide for annual review and public reporting. Penalties depend on an applicable duty and the corresponding national provision. The battery passport deadline remains 18 February 2027.
  • Access rules and labelling have different timetables. Detailed access rights under Article 77(9) are to be set by an implementing act, for which the Regulation set a deadline of 18 August 2026. General and capacity labels under Article 13(1)–(3) apply on the later of 18 August 2026 and 18 months after the Article 13(10) implementing act enters into force. QR codes and passports have the separate date of 18 February 2027.

Cross-Border Enforcement: EU Coordination

An important part of ESPR enforcement is the EU-wide coordination mechanism:

The Union procedure for cross-border non-compliance

If an authority considers that non-compliance is not limited to the territory of one Member State, it informs the Commission and the other Member States of the assessment and the required corrective action. The economic operator must take appropriate action for all affected products it has made available across the Union.

A national measure does not automatically become an identical decision in all 27 Member States. The information is communicated through the Union procedure. If the measure is considered justified, the other Member States take appropriate action in their markets. Safety Gate applies to dangerous products, not to every formal DPP non-compliance.

Joint enforcement actions

The European Commission can coordinate joint actions in which MSAs from multiple Member States simultaneously check compliance in a specific product category. These coordinated checks have been effective in other product-safety areas and provide a useful indication of how DPP enforcement practice may develop.

Financial Impact: Beyond Fines

Non-compliance can create costs beyond monetary fines:

Direct costs

  • Fines and administrative penalties: amounts depend on national law and the specific infringement
  • Product withdrawal costs: logistics of removing products from shelves and warehouses
  • Inventory write-offs: stock that cannot be sold during the period of non-compliance
  • Legal fees: for contesting or managing penalty proceedings

Indirect costs

  • Lost revenue: inability to sell products during the withdrawal period
  • Customer contract penalties: B2B customers may invoke penalty clauses for non-compliant deliveries
  • Insurance implications: product liability insurance may not cover regulatory non-compliance
  • Tender exclusions: public procurement increasingly requires ESPR compliance proof

Reputational costs

  • Brand damage: public listing as a non-compliant company
  • Customer trust erosion: especially among sustainability-conscious consumers
  • Investor concerns: ESG ratings may be affected
  • Supply chain exclusion: large retailers may remove non-compliant suppliers

How to Avoid ESPR Penalties: Compliance Checklist

Use the following checklist to organise preparation and ongoing compliance:

Immediate actions (start now)

  1. Identify your product categories: determine which delegated acts apply to your products
  2. Check your deadlines: batteries have a fixed February 2027 passport date; future ESPR categories depend on delegated acts and the Commission work plan
  3. Set product identifiers: GTINs are often useful, but the mandatory identifier level and format will come from the applicable delegated or sector-specific act
  4. Audit your product data: inventory what sustainability, composition, and lifecycle data you already have
  5. Choose a DPP platform: select a tool that supports the data and carrier requirements applying to your products

Before your deadline

  1. Create DPPs at the required level: ensure the relevant model, batch or item has a complete passport where the applicable act requires it
  2. Generate and apply the right data carrier: for batteries this means a QR code; for future ESPR categories, check the format specified in the delegated or sector-specific act
  3. Verify data completeness: cross-check your DPP data against the applicable delegated act requirements
  4. Test the end-to-end flow: scan your QR codes and verify the DPP is accessible and accurate
  5. Train your team: ensure procurement, production, and quality teams understand DPP obligations

Ongoing compliance

  1. Update DPPs when products change: new materials, new certifications, new suppliers
  2. Monitor regulatory updates: delegated acts may be amended with new requirements
  3. Respond to MSA requests promptly: delays in providing information escalate penalties
  4. Maintain an audit trail: document all DPP creation, updates and compliance activities

Don’t Wait for Enforcement to Start

You can prepare without knowing every detail of future inspection procedures. The direction is clear: as sector-specific obligations take effect, authorities will expect accessible product data, a functioning data carrier, and the ability to demonstrate compliance. The earlier you structure identifiers, product data, and audit trails, the lower the risk of a last-minute scramble when enforcement becomes more active.

Official Sources

For practical preparation, organise the information for one product in a digital passport on OriginPass.eu.

Not sure where to start? Read our step-by-step guide to creating a DPP, from product identifiers to data carriers.

Try creating a digital product passport for one product on OriginPass.eu.

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