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The Digital Product Passport and EmpCo: What Each Text Says

Published 24.09.2026 · Updated 03.10.2026 · Reading time ~4 min · by Lior Gabriel Graetz · LG Fashion Labs

Here's a fact worth checking before you build a compliance strategy around it: neither the Digital Product Passport's legal basis (the ESPR, Regulation (EU) 2024/1781) nor EmpCo (Directive (EU) 2024/825) names the other. The full text of EmpCo contains none of "digital product passport," "ESPR" or "Regulation (EU) 2024/1781," and the full text of the ESPR contains none of "green claim," "environmental claim," "2005/29" or "2024/825." Both the Consumer Rights Directive as amended by EmpCo and the ESPR contain provisions on a reparability or repairability score (section 2).

This guide sets out what each text says. Sources: the Official Journal texts of the instruments cited, two Commission documents that state that they do not represent the Commission's official position (the Q&A on EmpCo and the DPP FAQ), and the Commission's DPP page (see Sources).

Neither names the other

Searched in the full Official Journal text of each act; the search terms are listed in section 1.

What the texts say

Section 3 sets out EmpCo's definition of recognised excellent environmental performance and what the ESPR and the Commission's DPP FAQ say about DPP data.

27 Sep 2026

The date from which Member States must apply their measures implementing EmpCo, including the new Consumer Rights Directive provisions on the reparability score (Article 4(1)).

Checked by searching the full Official Journal texts (consulted 2 October 2026): the text of EmpCo (Directive (EU) 2024/825) contains no mention of "digital product passport," "ESPR," or "Regulation (EU) 2024/1781." The text of the ESPR (Regulation (EU) 2024/1781) contains no mention of "green claim," "environmental claim," "2005/29" (the Unfair Commercial Practices Directive that EmpCo amends), or "2024/825." EmpCo is dated 28 February 2024 and the ESPR 13 June 2024.

Neither text names the other, but both contain provisions on a reparability or repairability score. The Consumer Rights Directive (2011/83/EU), as amended by EmpCo, contains a duty to provide the reparability score where applicable (section 2), and Article 7(2)(b)(i) ESPR, quoted in section 2, refers to a repairability score among the information that the information requirements laid down in the delegated acts adopted pursuant to Article 4 (Article 7(1)) shall, as appropriate, also require products to be accompanied by. The ESPR does mention Directive 2011/83/EU, in recital 55 and in its definition of "unsold consumer product" (Article 2(37)).

2. The reparability score in the Consumer Rights Directive and the ESPR

EmpCo amended the Consumer Rights Directive (CRD, Directive 2011/83/EU) to insert, among other things, a duty to provide the reparability score: Article 5(1)(i), in the CRD's article on information requirements for contracts other than distance or off-premises contracts, and Article 6(1)(u), in its article on distance and off-premises contracts. Both read: "where applicable, the reparability score for the goods". Article 5(1) requires the trader to provide the listed information "if that information is not already apparent from the context". Article 2(14d) CRD defines a "reparability score" as "a score expressing the capacity of a good to be repaired, based on harmonised requirements established at Union level". Where point (i) or (u) is not applicable and the producer makes the information available to the trader, Articles 5(1)(j) and 6(1)(v) require information about the availability and estimated cost of, and procedure for ordering, spare parts that are necessary to keep the goods in conformity, about the availability of repair and maintenance instructions and about repair restrictions.

The Commission services' Q&A on EmpCo (Q19) states: "These harmonised requirements may be established under various possible EU legal instruments, the EU Energy Labelling Framework Regulation (EU) 2017/1369, the Ecodesign Requirements for energy-related Products Directive 2009/125/EC, or its successor, the Ecodesign for Sustainable Products Regulation (EU) 2024/1781 (ESPR) that will be applicable to a wider range of products." The Q&A states that it contains "the preliminary views of the European Commission (EC) services".

According to the same Q&A (Q19), since 20 June 2025 all new smartphones and tablets placed on the EU market must display an energy label including a reparability score, and this is "the first product category subject to this obligation". The energy label for these products is laid down in Commission Delegated Regulation (EU) 2023/1669, supplementing the Energy Labelling Framework Regulation (EU) 2017/1369 for smartphones and slate tablets; it applies from 20 June 2025 (Article 8), and its label includes a repairability class from A (most repairable) to E (least repairable). Ecodesign requirements for smartphones, mobile phones other than smartphones, cordless phones and slate tablets are laid down separately in Commission Regulation (EU) 2023/1670, pursuant to Directive 2009/125/EC. (The Delegated Regulation and the ESPR spell the word "repairability"; the CRD, as amended by EmpCo, spells it "reparability".) Under Article 7(2) ESPR, the information requirements laid down in the delegated acts adopted pursuant to Article 4 (Article 7(1)) shall "as appropriate" also require products to be accompanied by "information on the performance of the product in relation to one or more of the product parameters referred to in Annex I, including a repairability score, a durability score, a carbon footprint or an environmental footprint" (Article 7(2)(b)(i)). Annex III, point (a), ESPR lists among the elements from which delegated acts specify the data to be or that can be included in the digital product passport "information required under Article 7(2), point (b), and Article 7(5) or by other Union law applicable to the relevant product group". As of 2 October 2026, the Commission's DPP page lists "Adoption of ESPR Delegated Acts for Textiles, Aluminium and Tyres" under "Q3–Q4 2027", on a timeline that it describes as "indicative".

3. Environmental performance, DPP data and EmpCo's definition

Annex I point 4a of the Unfair Commercial Practices Directive, inserted by EmpCo, covers "[m]aking a generic environmental claim for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim." Recital 9 lists 'eco-friendly', 'green' and 'climate friendly' among its examples of generic environmental claims. Article 2(s) of Directive 2005/29/EC (as inserted by EmpCo) defines "recognised excellent environmental performance" as "environmental performance compliant with Regulation (EC) No 66/2010 of the European Parliament and of the Council or with national or regional EN ISO 14024 type I ecolabelling schemes officially recognised in the Member States, or top environmental performance in accordance with other applicable Union law". Recital 10 gives "class A in accordance with Regulation (EU) 2017/1369" as an example of "top environmental performance for a specific environmental characteristic in accordance with other applicable Union laws".

Article 9(1) ESPR provides that the information requirements "shall provide that products can only be placed on the market or put into service if a digital product passport is available in accordance with the applicable delegated acts adopted pursuant to Article 4 and with Articles 10 and 11", and that "[t]he data in the digital product passport shall be accurate, complete and up to date." Annex III, last paragraph, provides that delegated acts "shall identify information relevant to ecodesign requirements that manufacturers may include in the digital product passport in addition to the information required pursuant to Article 9(2), point (a), including information on specific voluntary labels applicable to the product", and that this "shall include whether an EU Ecolabel has been awarded to the product in line with Regulation (EC) No 66/2010".

What the texts say and do not say

DPP data and EmpCo's definition

The Commission's DPP FAQ (Q9) says that the DPP's transparency "builds consumer trust and strengthens brand reputation by backing up green claims with clear, accessible facts". The FAQ does not mention EmpCo.

4. What this means for your brand

In our reading, the two instruments contain separate obligations: under Article 9(1) ESPR the passport requirement applies through the applicable delegated acts, and EmpCo's rules apply through Member States' national measures from 27 September 2026. For an environmental claim, the specification matters: Article 2(p) of Directive 2005/29/EC (as inserted by EmpCo) defines a "generic environmental claim" as "any environmental claim made in written or oral form, including through audiovisual media, that is not included on a sustainability label and where the specification of the claim is not provided in clear and prominent terms on the same medium". Recital 9 gives "climate-friendly packaging" as an example of a generic claim, and "100 % of energy used to produce this packaging comes from renewable sources" as an example of a specific claim, which "would not fall under this prohibition, without prejudice to other provisions of Directive 2005/29/EC remaining applicable to those specific claims". Annex I point 4b covers "[m]aking an environmental claim about the entire product or the trader's entire business when it concerns only a certain aspect of the product or a specific activity of the trader's business" (recital 11 gives an example).

Watch for the ESPR delegated act for your product category. Under Article 7(2)(b)(i) ESPR, the information requirements laid down in the delegated acts adopted pursuant to Article 4 (Article 7(1)) shall "as appropriate" also require products to be accompanied by "information on the performance of the product in relation to one or more of the product parameters referred to in Annex I, including a repairability score, a durability score, a carbon footprint or an environmental footprint". The CRD duty applies to "the reparability score for the goods" where applicable; where it is not applicable and the producer makes the information available to the trader, Articles 5(1)(j) and 6(1)(v) CRD require information on spare parts and repair (section 2).

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Frequently asked questions

What is the reparability score, and where do the CRD and the ESPR refer to it? +
Article 2(14d) of the Consumer Rights Directive, as amended by EmpCo, defines a "reparability score" as "a score expressing the capacity of a good to be repaired, based on harmonised requirements established at Union level". Articles 5(1)(i) and 6(1)(u) require the trader to provide "where applicable, the reparability score for the goods" (Article 5 for contracts other than distance or off-premises contracts, Article 6 for distance and off-premises contracts; Article 5(1) applies "if that information is not already apparent from the context"). Under Article 7(2)(b)(i) ESPR, the information requirements laid down in the delegated acts adopted pursuant to Article 4 (Article 7(1)) shall, as appropriate, also require products to be accompanied by "information on the performance of the product in relation to one or more of the product parameters referred to in Annex I, including a repairability score, a durability score, a carbon footprint or an environmental footprint". Annex III, point (a), ESPR lists among the elements from which delegated acts specify the data to be or that can be included in the digital product passport "information required under Article 7(2), point (b), and Article 7(5) or by other Union law applicable to the relevant product group". Directive (EU) 2024/825 does not mention the ESPR, and the ESPR does not mention Directive (EU) 2024/825 (section 1).
Does having a Digital Product Passport automatically satisfy EmpCo's green-claims rules? +
No provision of EmpCo or of the ESPR says so: neither text refers to the other. Annex I point 4a covers a generic environmental claim "for which the trader is not able to demonstrate recognised excellent environmental performance relevant to the claim", and Article 2(s) of Directive 2005/29/EC (as inserted by EmpCo) defines "recognised excellent environmental performance" by three alternatives (see section 3). The ESPR provides that "[t]he data in the digital product passport shall be accurate, complete and up to date" (Article 9(1)). The Commission's DPP FAQ (Version 1.0) says that the DPP's transparency strengthens brand reputation "by backing up green claims with clear, accessible facts", says that "[a]t present, there is no universal requirement for third-party certification or conformity assessment of DPP information", and states that it "should not be considered as representative of the European Commission's official position".
Does EmpCo legally require a Digital Product Passport? +
No provision of Directive (EU) 2024/825 does: its full text contains none of "digital product passport," "ESPR" or "Regulation (EU) 2024/1781" (searched in the Official Journal text on 2 October 2026). The digital product passport is provided for in Chapter III and Annex III ESPR and in the delegated acts adopted under Article 4; the Commission's DPP page also lists separate, standalone EU legislation, such as the Batteries Regulation, as a source of DPP requirements.
Which products already have a mandatory reparability score? +
According to the Commission services' Q&A on EmpCo (Q19), the first product category subject to the obligation is smartphones and tablets: since 20 June 2025, all new smartphones and tablets placed on the EU market must display an energy label including a reparability score. The energy label for these products is laid down in Delegated Regulation (EU) 2023/1669, supplementing Regulation (EU) 2017/1369; its label includes a repairability class; ecodesign requirements for these products are in Regulation (EU) 2023/1670, adopted under Directive 2009/125/EC. The Q&A adds that other product groups are "expected to follow as implementing measures are developed under the ESPR and related legislation".

Sources

Sources consulted: the Official Journal texts listed above, the Commission's DPP FAQ, the Commission services' Q&A on Directive (EU) 2024/825 and the Commission's DPP page; last checked 3 October 2026. The Commission's DPP FAQ and the Commission services' Q&A each state that they do not represent the Commission's official position. This is general information, not legal, financial or investment advice.

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