EU law sets no fine amount for a missing Digital Product Passport: each Member State sets its own penalties under Article 74 of the ESPR. Authorities can also order the product brought into line, withdrawn or recalled. Once the EU registry is linked to customs, goods whose registration identifier does not match cannot be released.
Who sets DPP penalties, and how high are they?
Each Member State. Article 74 of the Ecodesign for Sustainable Products Regulation (ESPR), Regulation (EU) 2024/1781, requires penalties that are “effective, proportionate and dissuasive”. Under Article 74(3), every Member State must at least be able to impose fines and time-limited exclusion from public procurement. No EU text sets an amount or a share of turnover.
Article 74(2) lists factors to weigh, such as gravity, intent and repetition. A Commission proposal of 9 September 2026, COM(2026) 590, would move the procurement exclusion into the proposal’s optional exclusion grounds, but until it is adopted Article 74(3) stands.
Can the product be taken off the market?
Yes. Under Article 71, where an administrative requirement in Article 27, Article 29 or a delegated act is not met, the Member State first orders a fix. If the breach persists, it restricts or prohibits sale, or has the product withdrawn or recalled. Article 71 does not name the passport, but the passport duty sits in Articles 27(1)(c) and 29(2)(c). A missing passport may fall under Article 71, or under the Article 69 risk procedure. No official text settles which.
Authorities may also recover inspection and testing costs under Article 66(3), and order online marketplaces to remove listings under Article 35(2). Under Article 13(5), the registration identifier is not proof of compliance.
What happens at the border?
Under Article 15, customs release an ESPR product only after its registration identifier and commodity code match the EU registry. The electronic check is due by 6 August 2030. Under Article 26 of Regulation (EU) 2019/1020, import control authorities must already suspend release when their controls show that a product lacks the documents its law requires.
When can these penalties start?
Only once a passport duty applies. No ESPR product group was covered on 18 October 2026. Euro 7, Regulation (EU) 2024/1257, requires a vehicle passport for new car and van types from 29 November 2026. Four other laws date their passports:
| Law | Passport applies | Penalty rule |
|---|---|---|
| Batteries, Regulation (EU) 2023/1542 | 18 February 2027 | Article 93 |
| Detergents, Regulation (EU) 2026/405 | 23 September 2029 | Article 33; Article 29 names a missing passport |
| Toys, Regulation (EU) 2025/2509 | 1 August 2030 | Article 55; Article 47 names a missing passport |
| Cars and vans, Regulation (EU) 2026/1738 | 1 September 2032 | Article 49 does not list Article 13, the passport duty |
Who can be penalised?
Whoever breaks a passport duty. Manufacturers, importers, distributors and dealers each have one under Articles 27, 29, 30 and 31, and Article 34 treats an importer selling under its own name as the manufacturer. The Commission’s DPP FAQ adds operators “such as online platforms”.
Sources: ESPR, Regulation (EU) 2024/1781, Regulation (EU) 2019/1020, Regulation (EU) 2023/1542, Regulation (EU) 2026/405, Regulation (EU) 2025/2509, Regulation (EU) 2026/1738, Proposal COM(2026) 590, Commission DPP FAQ
GreenSutra’s DPP consulting first checks which passport laws reach a product, and from when. The DPP guide keeps those dates together.