What do I do with mattress stock already in place when the rules come into effect?
For mattresses, that rule does not yet exist
For mattresses that are already in the warehouse or in the shop, there is currently no concrete rule about what must happen with them once the digital product passport becomes mandatory. This is not because that question is unimportant, but because the rule itself simply does not yet exist: the ESPR (Regulation (EU) 2024/1781) is a framework regulation that creates the possibility to set requirements per product group, but for mattresses no delegated act has yet been adopted in which those requirements are concretely filled in. As long as that act does not exist, there is also no text stating how existing stock is to be handled. That answer will only come once the delegated act for mattresses is published.
What the ESPR does and does not regulate for mattresses
The ESPR itself, as described in Article 1, provides the framework within which the European Commission can set requirements for products: ecodesign requirements, information obligations, and the possibility of a digital product passport. This framework applies in principle to a broad range of physical products. But the regulation works with delegated acts per product group — only in such an act does it state which requirements apply exactly, to whom, and from when. For some product groups that act already exists or is at an advanced stage; for mattresses that is not yet the case. This means that the ESPR as a whole can be applied to mattresses, but at this moment no mattress-specific obligation exists — and therefore no obligation that says anything about stock that was produced or sold before a certain date.
No fixed date yet, but a schedule
There is no set date on which the rules for mattresses will take effect. What is certain: in the ESPR work plan 2025-2030, a delegated act for mattresses is included, with an expectation that it will be published in 2028. This is a schedule, not a commitment — the date may shift, and the content of the act is not yet fixed. Article 18 of the ESPR describes how the Commission prioritises product groups and draws up a work plan; mattresses are part of that planning, but the actual delegated act must still be adopted and published. Until then, no concrete obligations apply to mattresses under the ESPR, and therefore no rules on how to handle existing stock when the obligation takes effect.
What this means in practice
At this moment there is nothing specific to do on the basis of the ESPR regarding existing stock, simply because the rule does not yet exist. Once the delegated act for mattresses is published, the first step is to look at whether it contains a transitional provision for products that have already been placed on the market before the date on which the obligation takes effect. This type of transitional provision occurs more often in European product regulations, but whether and how it will be applied to mattresses is not yet certain — that is up to the text of the act itself, which does not yet exist. The second step is to look at the scope: does the obligation apply to products produced from a certain date, or to products sold from that date? This distinction will also only become clear once the delegated act is published. Until then, the most useful action is to monitor the publication of the delegated act, so that it becomes clear in time which stock does and does not fall under the new requirements. This platform monitors that publication and updates this page as soon as an adopted text is available.
The basis: Articles 1 and 18 of the ESPR
This answer follows directly from the structure of the ESPR. Article 1 describes the subject matter and scope of the regulation: it is a framework that gives the Commission the authority to set requirements for products, but the regulation itself does not impose those requirements directly — that happens per product group via a delegated act. Article 18 describes the prioritisation and planning of those delegated acts: the Commission draws up a work plan and determines the order in which product groups are addressed. Mattresses are included in that planning, but as long as the corresponding delegated act has not been adopted and published, there is no text stating how existing stock is to be handled.
If you already have stock now, there is currently nothing else you can do but wait for publication of the delegated act for mattresses — and in the meantime keep your own administration in order (production dates, sales dates, origin of materials), so that those data are available as soon as they prove necessary for a possible transition arrangement or for compiling a digital product passport.
Where this is based on
- Regulation (EU) 2024/1781 (ESPR), Article 18 (prioritisation and planning)
- Regulation (EU) 2024/1781 (ESPR), Article 1 (subject matter and scope)
The regulation itself is on EUR-Lex. We provide references per statement; you do not have to take our word for it.
What you concretely must do
What do you do with the mattresses already in the warehouse at the moment the obligation for the digital product passport comes into force? This is a question that arises with almost every manufacturer and wholesaler once it becomes clear that the rules are coming. The answer is not yet fixed, and that is not an evasion: the ESPR itself (Regulation (EU) 2024/1781) regulates in Article 18 how product groups and their requirements are prioritized and scheduled, but the delegated act that specifically establishes the requirements and the entry date for mattresses does not yet exist. Without that act, there is also no transitional provision for existing stock to refer to.
What is expected of you
Keep track of when the requirements for mattresses become concrete
Article 1 of the ESPR describes that the regulation establishes a framework within which specific requirements are developed for each product group. For mattresses, this has not yet happened. In practical terms, for a company with 10 to 100 employees, this means that there is currently no legal obligation to provide inventory with a passport, but it is worthwhile to keep track of when that obligation becomes concrete. When exactly that is, is described on the page about when the product passport becomes mandatory for mattresses.
Check whether your own mattresses will fall under the regulation
Not every type of mattress will fall under the requirements in the same way; that depends on the product group definition that is established with the delegated act. For a company that operates several lines — for example hotel mattresses alongside consumer mattresses — it is practically relevant to determine for each line whether it will fall within the scope. An initial assessment of this is on the page about or the product passport applies to your mattresses.
Decide what happens to existing stock once the date is fixed
Once the entry date is fixed, the question arises how mattresses that were already produced or purchased before that date will be handled. The ESPR typically regulates this type of transitional matter per delegated act, and for mattresses that text does not yet exist. In the meantime, a company with stock can choose to think ahead about which data are available and which still need to be collected, so that a possible transition period does not catch you off guard. What is feasible for you now is described on the page about what you can do now while the rules are not yet final.
Align inventory management and sales planning with the expected date
For companies with longer lead times — large series, seasonal purchasing, hotel contracts with fixed delivery terms — it is practical to include the expected entry date in your own planning, even though that date is not yet final. This prevents a large batch without a passport from having to enter the market shortly before the actual entry into force.
Where things go wrong in practice
A first situation that often comes up: a manufacturer produces a large batch shortly before the expected entry date, on the assumption that "what is already there" automatically stays out of the picture. Without a published transitional rule, that assumption cannot be substantiated.
A second situation: a wholesaler assumes that stock that an importer has already purchased automatically falls under that importer's responsibility and not under that of the selling party. Who precisely must provide which data has not yet been established for mattresses, and making that assumption based on other product groups is not without risk.
A third situation: a store continues to sell existing stock quietly after the expected date, without checking whether a delegated act has meanwhile been published. Expected dates shift; the earlier planning was based on 2030, while the ESPR work programme 2025-2030 mentions a delegated act for 2028. Whoever does not actively keep track, misses the moment of publication.
A fourth situation: a manufacturer decides to destroy questionable stock rather than hold on to it any longer, without knowing whether that is still permitted or desirable for the matrasses in question. That consideration is separate from the passport obligation but often plays out at the same time in practice; more about this is on the page about whether unsold mattress stock may still be destroyed.
A fifth situation: shop staff receive questions from customers about stock that does not yet have a passport, and provides an answer that goes beyond what is actually established. How to handle this is described on the page about what to answer when a customer in the shop asks about the product passport.
What you can record
- An overview of current stock per product line, with production date and expected sales period, so that it is quickly clear which batches may be sold beyond the deadline of a future entry date.
- A brief note per product line on whether this is expected to fall within the scope of the mattress regulation, with reference to the page that explains this.
- A fixed moment in the planning (for example quarterly or half-yearly) to check whether the delegated act for mattresses has been published in the meantime.
- Agreements with suppliers and importers about who keeps which data on stock, so that this does not have to be traced afterwards.
- A record of the source and date of every check on the regulations, so that it can be demonstrated afterwards when and how the state of affairs was monitored.
- Instructions for shop staff on what can and cannot be said about stock without a passport, in line with the page about informing shop staff about the digital product passport.
As long as the delegated act for mattresses has not been published, there is no established rule for existing stock to comply with. What is possible, however, is to arrange your own stock administration and planning in such a way that a transitional provision — when it comes — can be applied without chaos.
This is not legal advice. This page provides general information about the legislation this platform concerns. We do not know your situation. If you are in doubt about your own case, consult a lawyer or the competent supervisory authority.
Written with AI based on the sources above, checked by a human on 2026-08-22. Is something wrong? Let us know — corrections are given priority.