Which tyre sector products fall under the ESPR?

What you must do concretely

What is expected of you

The ESPR (Regulation (EU) 2024/1781) is a framework regulation. This means that Article 1 describes the scope broadly — the regulation applies in principle to physical goods placed on the market or put into service — and that Article 2 defines the concepts used to define that scope for each product group. For tyres, there is currently no product group-specific implementation published. This will happen through a delegated act, and without that act, it has not yet been determined which tyre types exactly fall within the requirements and which do not. What is set out below, therefore, is a description of how the framework regulation views products, not a definitive list for tyres.

Understanding what a "product" within the meaning of the ESPR is

Article 2 of the ESPR works with a broad definition of what a product is: a physical good placed on the market. For a tyre company, this means that the framework regulation itself makes no distinction based on tyre size, vehicle category or application — that distinction only reappears in the product group requirements that still need to be established. In practical terms, for an importer or distributor this means there is currently no certainty about the precise scope, and it is advisable to have your own product list ready once that scope is published. More information on that broader context is available in what the ESPR changes for the tyre industry.

Determining whether your own product range falls within the scope

Not every rubber or composite product called a "tyre" needs to be subject to the same rules. Consider the distinction between tyres for passenger cars, vans, trucks, agricultural vehicles, or industrial applications. For a company with 10 to 100 employees with a mixed product range, this means it is advisable to review each product line individually to see whether and when it comes into view, rather than making a general assumption that "tyres" as a whole either do or do not apply. An initial orientation on this is available in does the digital product passport apply to my tyres.

Making a distinction between new tyres and derivative products

The framework regulation refers to products placed on the market, but in the practice of the tyre industry there are intermediate forms: retreaded tyres, tread renewal, and second-hand sales. For these categories it has not yet been determined whether and how the passport requirement applies, and this requires separate consideration rather than automatically treating them the same as new tyres. See casings and retreading and, for the trade in used tyres, private sale of second-hand tyres.

Knowing who in the chain compiles the passport

Articles 1 and 2 of the ESPR are directed at the person who places the product on the market, but in the tyre chain these are different parties: the tyre manufacturer, the importer, and sometimes the vehicle manufacturer who fits tyres as part of a new vehicle. For a distributor or importer this means it is important to know in advance who in your own chain is responsible for providing the underlying data, even if tyrepas.eu compiles and hosts the passport itself. See also who draws up the product passport for tyres on a new vehicle.

Assessing test batches and samples separately

Tyres that are not sold — test batches, samples for testing, test tyres for own use — may fall differently within the scope than tyres regularly placed on the market. This is one of the situations in which the term "placing on the market" in Article 2 becomes relevant: a product that is never sold is not by definition excluded, but the question deserves a separate assessment. See do I also need to create a product passport for test tyres or samples that I do not sell.

Where things go wrong in practice

An importer assumes that "tyres" is a single product group and therefore expects one set of rules for the entire product range, whereas the final delegated act may make a distinction between applications.

A wholesaler assumes that the small scale of its own business automatically constitutes an exemption, without this being apparent from the framework regulation. That the size of a business matters is not something that can be derived from Article 1 or 2 of the ESPR; anyone wishing to inform themselves on this matter should read the product passport also applies to small businesses.

A fleet manager confuses the question "which tyres fall under the ESPR" with the question "when must that passport be in place" — two separate questions that are often used interchangeably, whereas the first concerns scope of application and the second concerns entry into force. For that second question, see when does the product passport become mandatory for tyres.

A business that sells cover or retreaded tyres assumes that these automatically fall outside the scope because it is not a "new" product, without this being established anywhere.

An importer that also has test tyres or demonstration models in its assortment treats these as exempt without having a concrete basis for this in the text of the regulation.

What you can record

• An overview of its own product lines (passenger car, van, truck, agriculture, industrial) with a note per line whether this may fall under future requirements.
• A list of supply chain partners (manufacturer, importer, vehicle manufacturer) with whom agreements have been made or must be made regarding the provision of data for the passport.
• A separate record of cover and tread-retreaded tyres, separated from new tyres, so that this category can be assessed separately once the delegated act is published.
• A separate record of test batches and samples, with a note on whether these are sold or used exclusively internally.
• A file with the definitions from Article 2 of the ESPR, supplemented as soon as the product-group-specific delegated act for tyres is published — see also the background on what a delegated act is and why it determines what is expected of you.