CHEMICALS GUIDE

Substances of Concern in the Digital Product Passport: What the ESPR Definition Means for Fashion

Published 26.09.2026 · Reading time ~13 min · by Lior Gabriel Graetz · LG Fashion Labs

1. What the ESPR means by "substance of concern"

Article 2(27) defines a "substance of concern" as "a substance that" fulfils at least one of four descriptions. Point (a): it "meets the criteria laid down in Article 57 of Regulation (EC) No 1907/2006 and is identified in accordance with Article 59(1) of that Regulation", the REACH route for substances of very high concern. Point (b): it "is classified in Part 3 of Annex VI to Regulation (EC) No 1272/2008" in one of thirteen listed hazard classes or categories, among them "carcinogenicity categories 1 and 2", "endocrine disruption for human health categories 1 and 2", "skin sensitisation category 1" and "hazardous to the aquatic environment — categories chronic 1 to 4". Point (c): it "is regulated under Regulation (EU) 2019/1021", the Regulation on persistent organic pollutants (POPs). Point (d): it "negatively affects the reuse and recycling of materials in the product in which it is present".

The Commission's ESPR FAQ (first edition, September 2024) states that the "or" between the points means "a substance should meet at least one of the four criteria (a, b, c, or d) to be considered a substance of concern" (question 105). For point (b), "only substances with harmonised classification are included, while self-classified substances are not" (question 103).

There is no single list. According to the FAQ, "There is no central list covering all substances of concern that may fall under the definition; however, there are several sources of information that can be consulted for each criterion to identify substances of concern" (question 110). It points to the ECHA Candidate List for point (a), the table in Part 3 of Annex VI to CLP for point (b) and an ECHA table of POPs for point (c), and notes that entries which "refer not only to individual substances, but also to groups of substances" make it "difficult to provide an exact number of substances of concern" (question 111).

2. Is it defined the same way everywhere?

Inside the ESPR, the definition is the same for every product group, except that point (d) is filled in product group by product group: "For each product group concerned by ecodesign requirements, the Commission shall determine, where relevant, which substances fall under the definition in Article 2(27), point (d)", taking into account, at least, whether the substances make reuse or recycling "more complicated, costly, environmentally impactful, or energy- or resource-demanding", impair the properties or value of the recycled material, or "negatively impact aesthetic or olfactory properties of the recycled material" (Article 5(14)).

The Packaging and Packaging Waste Regulation (EU) 2025/40 (PPWR) takes over the ESPR definition: "The definitions of 'substance of concern' and 'data carrier' in Article 2, points (27) and (29), respectively, of Regulation (EU) 2024/1781 apply" (Article 3(1)). The Commission's PPWR FAQ (second edition, DG ENV, August 2026) states that "substances of concern are defined in the same manner in the PPWR and the ESPR" (section III, question 2).

Other acts use the term in their own words. Recital 22 of the Batteries Regulation (EU) 2023/1542 speaks of "substances of concern, defined in the Chemicals Strategy for Sustainability as substances having a chronic effect for human health or the environment". The question put in Q124 of the ESPR FAQ observes that definitions "in different legislation (CSRD, Taxonomy, PPP, ESPR)" are "similar, but not exactly the same". The Commission's answer: "Definitions are tailored to suit the specific scope and goals of the respective legislations", and the Commission "may explore assessing possible alignment in the future".

3. Is the definition final?

The wording of Article 2(27) is fixed law, and the proposals listed on EUR-Lex for the ESPR (checked 26 September 2026) do not amend it. What the four points refer to can still change:

The FAQ adds that "There is no automatic inclusion of newly classified substances after the adoption of an ESPR delegated act" (question 112). For a new substance of very high concern identified through REACH, it says "this would likely trigger a tracking requirement for SoC and thus require an update to the DPP", and adds that "Timelines and modalities for such updates would still have to be discussed"; for other types, such as a harmonised classification under CLP or identification as POPs, "any information requirement would require a targeted impact assessment including consultations of stakeholders" (question 125).

Further changes are in preparation. The Commission's REACH page says it "is currently revising the REACH Regulation"; the Have Your Say page for the initiative, which shows it as "In preparation", lists Commission adoption as "Planned for Fourth quarter 2025". For packaging, the Commission, assisted by ECHA, must report by 31 December 2026 on the presence of substances of concern in packaging, to determine "the extent to which they negatively affect the re-use and recycling of materials or impact chemical safety" (PPWR Article 5(2)), and the PPWR FAQ says: "There is no definite number or list of substances of concern (SoC) in packaging", adding that the Commission and ECHA study "will provide a list of SoC on the basis of the information currently available about packaging manufacturing and waste treatment" (section III, question 4). For point (d) generally, the ESPR FAQ said in September 2024 that "currently there are no EU product-specific ecodesign requirements" (question 110).

4. Will substances of concern be in the DPP, and on what basis?

The legal basis is Article 7. The information requirements in a delegated act must "include, as a minimum, requirements related to the digital product passport set out in Chapter III and requirements related to substances of concern set out in paragraph 5" (Article 7(2), point (a)); "Where a delegated act contains horizontal ecodesign requirements, point (a) of this paragraph shall not apply". Under Article 7(5), unless a delegated act provides otherwise under Article 7(6), point (b), the information requirements "shall make it possible to track the substances of concern, throughout the life cycle of the products concerned, unless such tracking is already possible pursuant to information requirements laid down in another delegated act adopted pursuant to Article 4 covering the products concerned". They must include at least the name or code of each substance, its location in the product, its concentration "at the level of the product, its relevant components, or spare parts", "relevant instructions for the safe use of the product" and information for disassembly, reuse, recycling and end-of-life management.

The passport is where the information goes. Where a passport is available, "the required information shall be provided therein" (Article 7(7)), and the tracking information "shall be given either on the product or be accessible through a data carrier included on the product". Annex III, point (a), lists among the elements a delegated act may specify for the passport "information required under Article 7(2), point (b), and Article 7(5) or by other Union law applicable to the relevant product group". Recital 31 states the intent: tracking requirements "should be included by default where an information requirement is to be set under this Regulation, except when such an information requirement is part of horizontal ecodesign requirements".

The Commission's FAQs say the same. ESPR FAQ: "All substances of concern present in a product will have to be tracked by default and information on those substances will be included in the DPP if a DPP is required for the product" (question 46). DPP FAQ: "The information on substances of concern present in a product will be included in the DPP if a DPP is required for the product" (question 27). Working Plan (COM(2025) 187, section 3.2): "Information on material composition and any substances of concern in the product will be included, together with information on how it can be safely used, recycled and disposed of." The 2022 Textiles Strategy (COM(2022) 141) said that clear, structured and accessible information improves communication between actors along value chains, "for example on substances of concern, on repair or on the fibre composition", and that the Commission "will introduce a Digital Product Passport for textiles based on mandatory information requirements on circularity and other key environmental aspects". These FAQs are explanatory. The DPP FAQ says that it "should not be considered as representative of the European Commission's official position", that its replies "do not extend in any way the rights and obligations deriving from applicable legislation" and that the "expressed views are not authoritative"; the ESPR FAQ says it "reflects the views only of the authors".

The details are left to the delegated act. A passport requirement exists only "in accordance with the applicable delegated acts adopted pursuant to Article 4 and with Articles 10 and 11" (Article 9(1)). The Commission "may, where appropriate for the product group concerned, set thresholds for when the information requirement regarding substances of concern is to apply" (Article 7(5)) and, where relevant, lays down dates of application "differentiating between substances of concern where necessary" (Article 7(6), point (a)) and provides "duly justified exemptions" (point (b)). One limit is fixed: "substances of concern within the meaning of Article 2(27), point (a), shall not be exempted if they are present in products, their relevant components or spare parts in a concentration above 0,1 % weight by weight".

For textiles, that act does not exist yet. The Commission's textile page says the requirements "will be defined through the same future delegated act that will introduce the ecodesign requirements themselves", lists possible information such as fibre composition and origin without naming substances of concern, and states: "The exact information requirements will be defined through the relevant delegated acts and supporting technical specifications". It lists "Q4 2027: Planned adoption of the ESPR Delegated Act for textiles"; the Have Your Say page for the initiative lists Commission adoption as planned for "First quarter 2027".

5. What the JRC proposes for textile apparel

The working document of the JRC's preparatory study on textiles (3rd milestone) covers chemicals in chapter 12. Its cover states: "This is a draft document that has not been adopted or endorsed by the European Commission", and its disclaimer asks that any reference to it "should clearly state its draft character". Its proposals are input to the impact assessment, not rules. On point (d) it says that the substances it lists "are proposed as SoCs (d) due to the regulatory and customer-driven limitations which are already imposed upon them", and concludes: "No conclusive examples have been found, also as corroborated by stakeholder consultation, of specific substances in textile apparel having a negative effect on reuse and recycling, other than those identified as already regulated, as a consequence of their risks to human and environmental health" (section 12.3.11).

On thresholds, it proposes 0.1 % weight by weight for points (a) and (c), and notes that under REACH the threshold "applies in relation to the weight of an article as defined in the REACH Regulation" while the majority of textile products consist of several articles; it therefore presents two calculation options, the weight of the final garment or separate calculations for textile materials and for hard components such as buttons and zippers (section 12.3.12). For point (b) it proposes concentration limits based on GHS cut-off values and CLP generic concentration limits, 0.1 % or 1.0 % depending on the hazard class (Table 105); for point (d), thresholds "in a case-by-case scenario". On exemptions, it proposes one general exemption, so that "only chemical substances remaining in the final product and intentionally added should be subject to mandatory tracking", and sees no solid justification for substance-specific exemptions at this stage (section 12.3.13).

On application dates (section 12.3.14), it proposes 18 months after publication of the delegated act for points (a), (c) and the point (d) substances identified in the delegated act; 36 months for point (b) substances in hazard classes recognised under the GHS; and 8 years for the hazard classes "included under ESPR but not yet considered in GHS" (endocrine disruption; persistent, mobile and toxic properties; persistent, bioaccumulative and toxic properties). On PFAS, it says that after a possible REACH restriction on PFAS that includes textiles, "such substances would, most likely, qualify as SoC (d) due to regulatory limitations".

A second JRC report, the Study on DPP content for textile apparel products under ESPR (González-Torres and Arcipowska, listed with the date 13 May 2026), is an external study prepared for the JRC whose contents "do not necessarily reflect the position or opinion of the European Commission"; the posted file carries a DRAFT watermark. It states: "Information on substances of concern (SoC), as defined in Article 2(27) of the ESPR, is required to be disclosed through the DPP", adding that delegated acts "may require the disclosure, where proportionate and relevant" of specified information, with scope, level of detail and format "to be determined at product-group level", aiming "to provide targeted, actionable information, rather than comprehensive chemical inventories" (section 2.1.2.4).

6. What applies today

ESPR requirements reach a product only through a delegated act: "Products shall comply with information requirements related to the product aspects, as laid down in the delegated acts adopted pursuant to Article 4" (Article 7(1)). The FAQ says requirements on substances of concern "will only apply to selected product groups" (question 104). No delegated act for textiles has been adopted, so the ESPR does not yet oblige a fashion brand to track substances of concern.

Duties on the same substances exist under other laws. Under REACH Article 33, a supplier of an article containing a substance meeting the Article 57 criteria and identified under Article 59(1) "in a concentration above 0,1 % weight by weight (w/w)" must give the recipient "sufficient information, available to the supplier, to allow safe use of the article including, as a minimum, the name of that substance" (Article 33(1)); on a consumer's request, it must be provided "free of charge, within 45 days of receipt of the request" (Article 33(2)). The Waste Framework Directive has Member States ensure that suppliers of articles provide "the information pursuant to Article 33(1) of that Regulation to the European Chemicals Agency as from 5 January 2021" (Article 9(1), point (i)), the SCIP database; the FAQ says the Commission "aims at a progressive alignment and integration of SCIP with the DPP as far as technically possible" (question 121). Under the POPs Regulation, "The manufacturing, placing on the market and use of substances listed in Annex I, whether on their own, in mixtures or in articles, shall be prohibited, subject to Article 4" (Article 3(1)).

The FAQ marks what would be new: the obligation to provide information with articles, "other than for products containing the substances of concern falling under part a) of the definition is a new supply chain information requirement stemming from the ESPR itself" (question 122). Packaging is already covered: the PPWR applies from 12 August 2026 (Article 71) and requires that "Packaging placed on the market shall be so manufactured that the presence and concentration of substances of concern as constituents of the packaging material or of any of the packaging components is minimised" (Article 5(1)).

7. Reading these rules together

The legal basis is in place up to the delegated act. Article 7(2), point (a), Article 7(5) and recital 31 make tracking of substances of concern the default content of information requirements; Article 7(7) and Annex III, point (a), place it in the passport; and the FAQs and the Working Plan say the same, while the Textiles Strategy names substances of concern as an example of the information to be communicated. What no adopted text provides for textiles is the act itself: which substances are tracked, above which concentration, from which date and with which exemptions. The default has exceptions built in: horizontal acts (Article 7(2)), tracking already possible under another delegated act (Article 7(5)), and Article 4(2), under which a delegated act may provide that no information requirements are set for certain Annex I product parameters where a requirement "would have a negative impact on the ecodesign requirements considered for the product group concerned". The texts reviewed do not say whether Article 4(2) could apply to substances of concern.

Point (a) has the firmest anchor. REACH Article 33 already attaches a duty to the same substances above 0,1 % weight by weight, and Article 7(6), point (b), rules out exemptions above that level. The two texts count the concentration differently: Article 33 refers to "an article", Article 7(6), point (b), to "products, their relevant components or spare parts". The JRC draft notes a related difference, that REACH counts against the weight of an article while the majority of textile products consist of several articles, and offers two calculation options.

For points (b) to (d), the FAQ calls the ESPR duty new, and no adopted text says which of the thirteen hazard classes will be tracked for textiles, or from when. The JRC draft proposes classes and dates, from 18 months to 8 years after publication; Article 4(4) provides that the date of application of a delegated act "shall not be earlier than 18 months from its entry into force", "except in duly justified cases", and Article 7(6), point (a), allows different dates for different substances of concern. Point (d) is the most open: the FAQ stated in September 2024 that "currently there are no EU product-specific ecodesign requirements" for it, the JRC draft found no conclusive textile examples beyond substances already regulated, and the PPWR report on packaging is due on 31 December 2026.

Sources

• Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products (ESPR). Cited: Articles 2(27), 4(2), 4(4), 5(14), 6(3), 7(1), 7(2), 7(5), 7(6), 7(7), 9(1); Annex III; recital 31.
• Regulation (EC) No 1907/2006 (REACH). Cited: Articles 33, 57, 59(1), 59(10); text checked in the consolidated version of 22 June 2026.
• Regulation (EC) No 1272/2008 (CLP), Annex VI, and Regulation (EU) 2024/2865 amending it. Cited: Article 37(5), as amended.
• Regulation (EU) 2019/1021 on persistent organic pollutants (POPs). Cited: Articles 3(1), 15(1); text checked in the consolidated version of 1 January 2026.
• Regulation (EU) 2025/40 on packaging and packaging waste (PPWR). Cited: Articles 3(1), 5(1), 5(2), 71.
• Regulation (EU) 2023/1542 concerning batteries and waste batteries. Cited: recital 22.
• Directive 2008/98/EC on waste (Waste Framework Directive). Cited: Article 9(1), point (i); text checked in the consolidated version of 16 October 2025.
• European Commission, Ecodesign for Sustainable Products and Energy Labelling Working Plan 2025-2030 (COM(2025) 187 final). Cited: section 3.2.
• European Commission, EU Strategy for Sustainable and Circular Textiles (COM(2022) 141 final).
• European Commission, Ecodesign for Sustainable Products Regulation (ESPR): Frequently Asked Questions (FAQ), first edition, September 2024 (Ecodesign Forum library on CIRCABC, linked from the Commission's ESPR implementation page). Cited: questions 46, 103, 104, 105, 108, 110, 111, 112, 113, 121, 122, 124, 125.
• European Commission, Frequently Asked Questions on the Digital Product Passport (DPP): question 27; and the PDF edition (first edition, version 1.0) for its disclaimer.
• European Commission, DG Environment, FAQ on Packaging and Packaging Waste Regulation (PPWR), second edition, August 2026 (doi:10.2779/4868962). Cited: section III, questions 2 and 4.
• European Commission, Textile Apparel and the Digital Product Passport (DPP).
• European Commission, REACH Regulation (DG Environment), and Have Your Say initiatives 12959 (revision of REACH) and 16116 (ecodesign requirements for apparel textiles).
• European Chemicals Agency (ECHA), Candidate List of substances of very high concern for Authorisation.
• Joint Research Centre (JRC), Product Bureau, textile products, Documents related to the Preparatory Study: Working document of the 3rd milestone (file Textile-Prep-Study_3rd-Milestone_20251212.pdf, listed with the date 2025-12-15). Cited: chapter 12, sections 12.3.11 to 12.3.14. And Study on DPP content for textile apparel products under ESPR (González-Torres, M., Arcipowska, A., 2026; file Textiles_DPP_20260513.pdf, listed with the date 2026-05-13). Cited: section 2.1.2.4.

All sources were accessed on 26 September 2026.