This is Part 5 of the series "Get Ready for ESPR: Shaping the Future of Sustainable Business." 

The Ecodesign for Sustainable Products Regulation (ESPR) imposes several compliance obligations on various players across the product value chain, from manufacturers to retailers. Here, we will cover the key responsibilities of manufacturers, importers, distributors, and retailers in ensuring their products meet the sustainability and design criteria outlined by the ESPR. Understanding these obligations is crucial for not only complying with EU regulations but also positioning your business for greater sustainability and transparency.

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🛠️ Manufacturers

Manufacturers play a critical role in the ESPR by ensuring that products meet sustainability standards from the start of the design phase. This section outlines the key responsibilities of manufacturers to ensure products are ESPR-compliant.

1. Ensure product design compliance
   Make sure that product designs include a digital product passport (DPP) and a backup copy, managed through an authorised service provider.
2. Conduct conformity assessments
   Carry out or delegate conformity assessments to confirm that the product meets ESPR standards.
3. Prepare EU Declaration of Conformity
   Complete the necessary EU Declaration of Conformity and apply the required CE marking or other applicable markings.
4. Maintain technical documentation
   Retain technical documentation, including the EU Declaration of Conformity, for at least 10 years, unless specified otherwise by a delegated act.
5. Take corrective action if non-compliant
   If non-compliance is found, immediately take corrective action, withdraw the product from the market, and notify the relevant authorities.
6. Provide clear product information
   Ensure that a product type, batch, or serial number is clearly visible, either on the product itself, its packaging, or accompanying documents.
7. Provide accessible contact details
   Contact details must be visible on the product, its packaging, or in the DPP.
8. Ensure accessible instructions
   Digital product instructions should be available for at least 10 years, with paper copies available on request within 6 months of purchase.
9. Maintain complaint records
   Keep a register of customer complaints for at least 5 years.
10. Assign responsibility for documentation
    While authorised representatives may manage documentation and communication with authorities, manufacturers are still responsible for tasks like assessments and DPP creation.

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🛳️ Importers 

Importers are responsible for ensuring that products from outside the EU comply with ESPR regulations before entering the market. This section covers the specific obligations importers need to follow.

1. Confirm compliance before market entry
   Ensure that the products you import comply with ESPR standards, including all necessary conformity assessments, DPP, and required markings (such as CE).
2. Retain and provide technical documentation
   Keep the EU Declaration of Conformity for 10 years and provide it upon request.
3. Ensure compliance during storage and transport
   Maintain product compliance throughout storage and transport to ensure they meet ESPR standards upon market entry.
4. Withdraw non-compliant products
   If any products are found to be non-compliant, promptly withdraw them from the market and notify the relevant authorities.
5. Provide clear product information
   Ensure that the product’s contact information is clearly displayed on the product, packaging, or DPP.
6. Ensure instruction compliance
   Ensure that product instructions comply with manufacturer requirements and provide physical copies when requested.
7. Submit information upon request
   Any information requested by authorities must be submitted within 15 days.

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📦 Distributors

Distributors are responsible for ensuring that products meet ESPR standards when they reach retailers and consumers. Distributors must verify that all required documentation is in place, halt sales of non-compliant products, and assist in corrective actions. Here’s an outline of the essential obligations distributors must follow.

1. Verify compliance before sale
   Before distributing a product, confirm that it has the necessary markings (CE or alternatives) and that the DPP and all required documentation are complete.
2. Verify manufacturer and importer compliance
   Ensure that both the manufacturer and importer adhere to ESPR requirements before the product is sold.
3. Halt sales if non-compliant
   If any product is found to be non-compliant, immediately halt sales and notify the relevant authorities in the affected Member States.
4. Maintain compliance during storage and transport
   Ensure that products remain compliant during storage and transport.
5. Respond to authority requests
   Respond to authority requests for documentation within 15 days and assist with corrective actions if needed.
6. Maintain complaint records
   Keep a record of customer complaints for at least 5 years.

🛒 Retailers 

Retailers play an important role in ensuring that customers are informed about the sustainability of the products they purchase. Retailers must the DPP easily accessible and ensure compliance with labelling and transparency requirements. Below are the key obligations retailers need to follow under ESPR.

1. Ensure easy access to product information
   Make product information, including the DPP, readily accessible to customers, particularly for online sales, by providing a direct link on product web pages or within digital catalogues.
2. Ensure clear and visible product labels
   Ensure that product labels are visible, clear, and easy to read, and avoid any symbols or marks that could confuse or mislead consumers about the product’s compliance.
3. Prevent greenwashing
   Ensure that no misleading symbols or marks are used on products that could be perceived as greenwashing.
4. Provide paper instructions upon request
   Make physical copies of product instructions available within 6 months of purchase upon customer request.

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Compliance and sustainability is a win-win approach

In this article, we covered the core ESPR obligations for manufacturers, importers, distributors, and retailers, including product design, documentation, labelling, and corrective actions. These steps are essential for compliance and promoting sustainability throughout the product lifecycle. We prepared this in a handy table. If you wish to get it delivered to your inbox, sign up for our ESPR course below.

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In Part 6, we’ll explore the roles of different stakeholders within a company and what they can do to ensure ESPR compliance across the organisation.

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📚 Explore the series at your own pace.

Part 1: What you need to know about ESPR 

Part 2: Horizontal rules under ESPR

Part 3: Sustainable discarding and destruction of products under ESPR

Part 4: ESPR enhances traceability and transparency with digital product passports

Part 6: Why stakeholder collaboration matters for ESPR compliance

Part 7: Turning compliance challenges into opportunities with ESPR

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