Begin with applicability, not the size of the fine
A missing DPP is not automatically an infringement for every product. Under the ESPR, passport obligations depend on product-specific measures and their dates; Article 9 links market access to those requirements. 1
First questions:
- Is the product within an applicable measure?
- Has the obligation started applying?
- Does an exemption or transition apply?
- Is the passport required at model, batch or item level?
- Which operator placed the product on the market?
A product group in a working plan is not an applicable obligation; unadopted measures are expected.
The enforcement architecture
The ESPR sets obligations; Regulation (EU) 2019/1020 provides market surveillance and external-border controls; customs and market-surveillance authorities have distinct roles; Member States set penalties. 2 A passport helps authorities retrieve information — it does not replace inspection, sampling or testing, and it does not prove the goods match it.
Market surveillance under Regulation 2019/1020
Authorities can obtain documents, inspect products, run checks and require corrective action, online and offline. For passports, a review could check:
- The physical carrier is present and readable
- The identifier matches the actual product
- Required information is complete
- Authorised actors can access what they should
- Evidence substantiates declared values
- The information stays available as required
ESPR Article 15: customs verification through the registry
For covered imports, the unique registration identifier must be made available to customs and checked against the DPP registry, with electronic verification via customs systems.
| Identifier | Purpose |
|---|---|
| Product identifier | Identifies the model, batch or item |
| Economic-operator identifier | Identifies the business |
| Facility identifier | Identifies a production facility where required |
| Registry registration identifier | Supports registry/customs verification |
The registry is not a central copy of every passport document.
A successful registry check is not a conformity certificate
A valid reference can coexist with wrong passport content or a non-conforming product. Importers should reconcile customs reference, product identifier and shipping documents before dispatch.
What happens when a passport is missing or defective?
Once an obligation applies, a missing passport can block lawful market access. Authorities may require correction, restrict availability or order withdrawal.
| Failure | Likely compliance issue |
|---|---|
| No passport exists | Required information infrastructure absent |
| Carrier does not resolve | Information not accessible |
| Passport belongs to another product | Identity and traceability failure |
| Required fields missing | Incomplete information |
| Public data works, authority access fails | Access-rights or availability failure |
| Values unsupported or false | Substantive evidence failure |
Under Regulation 2019/1020, customs release can be suspended in specified cases. Release for free circulation is not proof of conformity.
ESPR Article 74: penalties
Article 74 requires Member States to set effective, proportionate and dissuasive penalties. There is no single EU fine or turnover percentage. Authorities must consider:
- Nature, gravity and duration of the infringement
- Intent or negligence
- Financial situation of the responsible person
- Economic benefit gained
- Environmental damage
- Mitigation or remedial action
- Repeat infringements
- Other aggravating or mitigating factors
Member States must at least be able to impose fines and time-limited exclusion from public procurement. Commercial disruption can exceed the fine itself. Check national law for actual figures.
Battery passports and battery penalties
Under Regulation (EU) 2023/1542 Article 77, the passport applies from 18 February 2027 to LMT, industrial >2 kWh and EV batteries — an adopted obligation, not an expected one. 3 Article 93 again leaves penalties to Member States. Postponement of other battery duties (such as due diligence) does not move the passport date.
Who is responsible?
Manufacturers
Primary obligations (ESPR Article 27). Buying passport software does not transfer them to the vendor.
Importers and distributors
Own verification and cooperation duties (Articles 29 and 30). Check applicability, identity, access and documentation before shipment.
Authorised representatives and EU-based operators
Article 36 requires an EU-based economic operator for covered products, linked to Regulation 2019/1020 — an EU manufacturer, importer, authorised representative or fulfilment service provider. Map responsibilities explicitly; the passport host is not automatically the responsible operator.
Online marketplaces are not outside the system
Article 35 obliges online marketplaces to cooperate with authorities alongside the Digital Services Act. Test the third-party listing journey: passport access must not disappear off your own website.
Build an enforcement-ready evidence pack
- Applicability assessment and dates
- Identity mapping between product, passport and registry
- Carrier and access test results
- Declarations and supporting evidence
- Named operator responsibilities
- Service-continuity and correction procedures
- A contact process for authorities and marketplaces
Sources
Last reviewed 2 November 2026. Guidance only — not legal advice. View as Markdown