What is a delegated act and why does it determine what I must do?
The ESPR sets the framework, the delegated act specifies it per product
A delegated act is a legal text that the European Commission adopts to make a framework regulation such as the ESPR (Regulation (EU) 2024/1781) concrete for one product group. The ESPR itself states that ecodesign requirements, information requirements and a digital product passport may apply to almost any physical product placed on the EU market. However, the ESPR does not specify which requirements apply precisely to mattresses, textiles, furniture or electronics. That specification — which material, which lifespan, which data on the passport, from which date — comes per product group in a separate delegated act. As long as that act does not exist for a product group, the concrete obligations from the ESPR do not yet apply to those products. The delegated act is therefore not a supplement you read "alongside" the ESPR; for most undertakings it is precisely the document that contains the actual obligation.
For mattresses, this act does not yet exist
This mechanism applies to every product group that the Commission wishes to regulate via the ESPR, and therefore also to mattresses. What it does not mean: that the ESPR now already sets concrete requirements for mattresses. At present, no delegated act has been adopted for mattresses, and that means that there is also no mandatory digital product passport, no mandatory ecodesign requirements and no fixed data carrier requirements for mattresses under the ESPR. The ESPR does specify in Article 8 what such an act should later contain — think of requirements on sustainability, repairability, information provision — but that is a framework for the content of future acts, not a standalone obligation for mattress manufacturers at this time.
No fixed date yet, but an announced process
No date has been set for when a delegated act for mattresses comes into force. The ESPR regulates in Article 18 that the Commission shall draw up a work plan specifying which product groups receive priority and in which order delegated acts are to be prepared. In the work plan for the period 2025-2030, a delegated act for mattresses is mentioned with an expectation around 2028, but this is a schedule and not a legally binding date. Until the act is actually adopted and published, no obligations under the ESPR apply to mattresses. Once a published text is available, it will contain its own date of application — often with a transition period — and that date will be stated here.
What this means for those working with mattresses now
For a manufacturer, importer or buyer already engaged with this subject, the most practical first step is: to acknowledge that there is no mandatory standard to comply with yet, and that a preparation process therefore has no legally binding deadline that is already fixed. Those who do wish to prepare ahead should look at what Article 8 mentions as possible content — data on materials, origin, repair possibilities — and determine which of that data are already available in their own supply chain. This is useful because collecting this data often takes more time than adapting a system once the requirements do exist. A second step is to monitor the publication of the work plan and any draft texts via official EU channels, so that an upcoming obligation does not come as a surprise. A third step is: do not make contractual commitments to customers regarding a product passport obligation that does not yet exist, and do not communicate amounts or deadlines that do not come from a published text.
Where this is based: Articles 4, 8 and 18 of the ESPR
Article 4 of the ESPR (Regulation (EU) 2024/1781) gives the Commission the power to adopt delegated acts. Article 8 describes which subjects such an act must regulate once it exists — from ecodesign requirements to information obligations. Article 18 regulates prioritisation: the Commission draws up a work programme in which it establishes for which product groups a delegated act is being prepared and in what order. Together, these articles explain why the ESPR itself contains no direct obligations for mattresses, and why those obligations only arise once the specific act for this product group has been published.
Anyone wishing to put data on materials, composition and origin of mattresses in order now can start doing so without waiting for the delegated act — that preparation is not mandatory, but saves time once the requirements do apply. For the current status of the work programme and any draft texts, the official EU website is the appropriate source; this page will be updated once a published date is available.
Where this is based on
- Regulation (EU) 2024/1781 (ESPR), Article 4 (powers to adopt delegated acts) and Article 8 (content of delegated acts)
- Regulation (EU) 2024/1781 (ESPR), Article 18 (prioritisation and planning)
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 is expected of you
The ESPR (Regulation (EU) 2024/1781) is a framework regulation. This means that the regulation itself establishes that a digital product passport will be created, how the system will broadly function and who is responsible for what — but not which specific data must be included in that passport for mattresses, nor from which date. That specification will be set out in a separate document: a delegated act, specific to the mattress product group. Article 4 of the ESPR gives the European Commission the power to draw up such an act, and article 8 describes what must be included in it at minimum.
For a company, this means that the regulation itself is not yet a working instruction. The concrete requirements will only come with the delegated act for mattresses. Until then, it is not possible to say with certainty what must be in the passport, which material or substance data become mandatory and from when that takes effect.
Follow when the delegated act for mattresses is published
Article 18 of the ESPR governs prioritisation and planning: the Commission determines on the basis of a work plan for which product groups a delegated act will be adopted first. For a company with 10 to 100 employees, this is above all a matter of being informed in time. In practice, this means: someone within the company who monitors the work plan and publications concerning mattresses, rather than relying on this being communicated automatically. When an act for mattresses will be published exactly and from when it will apply is not yet settled; see when does the product passport become mandatory for mattresses for the latest information.
Understand that the content of the passport can still change
Because the delegated act determines the data requirements (article 8), it is not yet settled which data will ultimately have to be included in a mattress product passport. For a company, this means that internal preparation — for example, setting up a data process for material origin or composition — is worthwhile, but the exact dataset will only be determined after the act is published. An overview of what is likely to be included can be found at what data will be included in the mattress product passport.
Check whether your own product falls within the scope of the act
A delegated act is drawn up per product group. For mattresses, that is a separate act, distinct from, for example, textiles or furniture in a broader sense. For a company that makes mattress toppers, covers or box springs in addition to mattresses, this means checking whether those products fall within the same act or under a different scope. See which products in the mattress industry fall under the ESPR and, specifically for composite products, does a box spring receive one passport or multiple.
Where things go wrong in practice
Confusion between the regulation and the delegated act. A company reads the ESPR text and concludes that the requirements are thereby known, whereas the regulation only sets out the framework. The concrete obligations — which data, which format, which date — are set out in the delegated act still to be published.
Waiting for the act to be published before preparing anything. Because publication dates for this type of legislation can be postponed, waiting often means that little time remains once the act is published and a deadline for implementation begins to run.
Assuming that one's own product group has automatically been included. A manufacturer of box springs or mattress toppers sometimes assumes that those products automatically fall within the mattress delegated act, whereas the scope is determined separately per product group. See also does a mattress topper or cover also need its own product passport.
Thinking that small company size automatically means exemption. The delegated act may contain exceptions or transitional arrangements, but this is not predetermined. Doubts about this are often treated too early as certainty; see does the product passport also apply to small businesses.
Do not confuse "mandatory under the ESPR" with "mandatory from the date in the delegated act". The ESPR already exists, but the obligation for mattresses only takes effect once the corresponding delegated act comes into force. That distinction is sometimes overlooked in internal communication, leading colleagues to think a deadline is already running when it has not yet been set.
What you can record
- An internal note on the distinction between the ESPR as a framework regulation and the delegated act for mattresses as an implementing document, so that this is explained consistently within the company.
- A designated person responsible for monitoring the ESPR work plan and publications regarding the mattress product group.
- An overview of own product variants (mattresses, toppers, covers, box springs) with the question of which of these will fall under the mattress delegated act — as preparation for the delimitation that the act will make.
- A file with current product information (materials, composition, origin) that can serve as a basis once the data requirements from the delegated act are known.
- A guide for the own team on what is not yet established, to prevent assumptions from being presented as facts — this connects to the background in what the ESPR changes for the mattress industry.
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.