When is a mattress considered to be put on the market again?
The shortest way to answer this question: the regulation focuses on mattresses that are put on the market, not on mattresses that are already in use by an end user. A private individual who sells their old mattress via a marketplace to another private individual does not, as a rule, put a product on the market in the sense of the regulation. Once a business purchases, refurbishes or resells mattresses, the picture changes and the question of whether a new product is involved becomes relevant.
For businesses that deal in second-hand mattresses, refurbish mattresses or replace components, it is therefore worthwhile to first look at what actually happens to the product, and only then to consider whether a passport is needed. This distinction between end user and market participant runs like a red thread through the entire regulation.
Private sale versus commercial trading
Within SMEs there are roughly two situations that are often confused. The first is a business that collects used mattresses, for example during a hotel renovation or relocation, and resells them without significant alteration to another commercial customer or consumer. The second is a business that actually repairs mattresses: new upholstery, replacement springs or other modifications that change the product's properties.
In the first case, it is a resale of an existing product. In the second case, the refurbishment can be so substantial that the product is considered to be put on the market anew. The regulation does not provide a ready-made list of activities that count or do not count; this is precisely the kind of question where the official text and the supervisory authority provide more clarity than a general explanation can offer.
What refurbishment businesses and circular economy retailers can establish
What entrepreneurs in this sector can assess is a few factual questions. Is the product being offered again under its own brand or name? Is it being adapted functionally or in terms of materials? Is it being offered to a commercial customer, such as a hotel or care facility, which in turn needs a passport to meet its own obligations? These questions together determine whether the business's role lies closer to 'distributor of an existing product' or to 'manufacturer of a renewed product'. This distinction between roles in the supply chain is also relevant for new mattresses and is covered more extensively in the overview of roles and obligations in the supply chain.
Hotel procurement and mattress leasing
A related situation occurs with hotels and care facilities that lease or rent mattresses instead of buying them. Here too, the question is not whether the mattress is old or new, but who put the product on the market and under what conditions. A rental company that puts mattresses back into use multiple times may have a different position than a hotel that purchases mattresses once. For those who want to work this out for their own situation, it is useful to first determine which of these roles comes closest to their own business operations; get a first indication in a few questions can serve as a starting point.
Where this intersects with existing rules
This scope question does not stand alone. A refurbished mattress that is sold again must also meet general product safety requirements regardless of the passport, and information about previous owners or customers quickly touches on privacy legislation. For those who wish to review these topics separately, a practical overview can be found in the frequently asked questions about the mattress passport.
No fixed date yet, but relevant now
The delegated act establishing the exact requirements for mattresses is expected in the European Commission's work plan around 2028, with an expected entry into force around 2030. That date is not yet fixed. For companies already processing or reselling second-hand mattresses, it is advisable to already know how your own role in the supply chain looks, so that there is no need to search under time pressure once the text is final. How that information is produced and which sources are used in the process is described on the page on the working method of matrapas.eu.
Are you unsure whether your company falls under this obligation with second-hand, renovated or rented mattresses? Do the free quick-scan or read through the topics in the knowledge base; for assessing your own situation, the official text or a legal advisor remains the appropriate point of contact.