At this moment, failing to arrange a digital product passport for tyres has no direct legal consequences: the delegated act that concretely establishes the obligation for tyres has not yet been published. The expectation within the ESPR regulation's work plan is that this will happen in 2027, with a product passport expected in practice around 2029. That date is not fixed and shifts accordingly once the European Commission publishes the act.
Once the obligation does apply, the regulation describes a number of possible consequences for products that do not meet the requirements: a product can be removed from the market, market operators can be required to carry out corrections, and member states set their own sanctions for breaches within their territory. Which sanction applies in which situation depends on the national implementation and the assessment of the competent supervisory authority — this is not an estimate that can be made in advance.
What the regulation itself describes regarding compliance
The ESPR regulation works with a system that is essentially similar to existing product legislation: a product that does not meet the requirements is, in principle, not in conformity with the rules for placing it on the market. The regulation explicitly leaves the determination of sanctions to the member states. This means that the text itself does not specify penalty amounts or fixed deadlines for tyres specifically — these only follow from the delegated act and the national implementing legislation. Anyone wishing to consult the regulation itself can find the full text on EUR-Lex; the knowledge base sets out the references by subject.
Who will supervise it
In the Netherlands, market surveillance of product legislation is usually carried out by the designated supervisory authority, which may vary by product category. For tyres, as of the time of writing, it has not yet been definitively determined which authority specifically supervises compliance with the product passport obligation. Supervisory authorities typically work on a risk-based approach: they look at notifications, samples and signals from the supply chain, not at every company individually. An estimate of the likelihood of inspection does not belong in a descriptive article like this, and also varies depending on the situation.
What this can practically mean for your business
Beyond the direct legal aspect, there are also practical consequences that have less to do with law enforcement and more with day-to-day operations. Customers, large fleet managers and contracting entities may themselves begin to request a product passport, even before the legal obligation officially takes effect — simply because they want to have their own supply chain in order. A wholesaler that cannot supply what a customer requests then runs a commercial risk that is separate from the regulation itself. Contracts with suppliers and importers may also contain clauses about the provision of passport data; anyone who establishes agreements on this now avoids disputes later. What a specific role in the supply chain entails and who must provide which data is described on the page about the concepts from the regulation in plain language.
What you can do now without getting ahead of the law
Because the exact obligations for tyres are not yet established, there is no reason to start building complete files now as if the law already applied. However, it is worthwhile to map out which data about the tyres you handle or use are already available from the manufacturer or importer, and where that is still missing. That overview can be made with a few questions via the free quick-scan that maps out your situation, without requiring an account for it. If you prefer to first understand how such a passport will be created and where the data comes from, you can read that on the page explaining how the data for the passport is collected.
In short: no need to panic, but do keep an overview
The absence of a product passport is not currently a breach, because the obligation for tyres has not yet come into force. What is sensible, though: follow the developments, so that you are not caught off guard once the delegated act is published and there is a concrete date and concrete requirements. For your own situation, for example if you have doubts about liability or contractual obligations, a legal advisor or the competent supervisory authority remains the right point of contact.
Would you like to get an idea now of where your company stands? The free quick-scan gives an indication in a few questions, and the knowledge base sets out the topics clearly by situation.