The obligation regarding the furniture passport is not linked to the age of a piece of furniture, but to the moment when the product is "placed on the market" or offered for sale. A sofa that was produced years ago and now changes ownership via a second-hand shop, a second-hand platform or simply between two businesses is normally not placed on the market again in that sense. For simple resale of used inventory, that typically does not apply automatically either.
For renovated or refurbished furniture, the distinction is more nuanced. If a company modifies a product so substantially that it essentially becomes a different, new product and then offers it independently, that company may assume the role of manufacturer — with the obligations that entails. Exactly where the boundary lies between "refurbishing" and "creating a new product" is described in the regulation itself and is being further developed in certain respects.
When is there "placing on the market"?
The regulation ties the obligations to the moment when a product is first made available within the EU for distribution or use in the context of a business activity, for payment or free of charge. That is a single moment, linked to the manufacturer or importer that originally places the product on the market. A later resale of the same, unmodified product normally does not count as a new moment of placing on the market. That distinction is the crux of the question of whether second-hand furniture falls under the requirement. the knowledge base where such concepts have been worked out per situation goes deeper into which role each party fulfils.
Second-hand sales: mostly outside the scope, with a caveat
An individual who sells a used cabinet via an online platform falls outside the scope of the regulation; it is aimed at business activities. A company that takes over used office furnishings in a move or insolvency and resells them unchanged normally acts as a trader of an existing product, not as a manufacturer placing something new on the market. The caveat lies in scale and repetition: if someone structurally and commercially imports or trades large volumes of second-hand furniture, they may be subject to the concept of "distributor", a different role in the supply chain with its own points of attention. Whether that applies in a specific case is something assessed per situation, not something that can be answered in general terms.
Renovation, refurbishment and the idea of "a new product"
With renovated or revised furniture, the question revolves around the nature and extent of the modification. An upholsterer who replaces the covering of a sofa does not normally change the character of the product by doing so. A company that replaces the frame, modifies the construction or makes the product suitable for a different use and then offers it again under its own name and responsibility comes closer to the situation of a manufacturer. That is precisely the kind of borderline case where the text of the regulation itself must be consulted, and where a lawyer or the competent supervisory authority can provide clarity on a specific case. In the frequently asked questions about furniture and the passport similar borderline cases are placed side by side.
What you can already establish
Even if a company assumes that it falls outside the scope — for example because it exclusively trades in second-hand furniture without modification — it is advisable to document why this assessment was made: which product is involved, what has and has not been changed, and who originally placed it on the market. Such documentation is useful should the situation change later, for example because the company starts undertaking more extensive renovation work. Anyone who is unsure whether a specific assortment falls under the obligation can get a first indication with a few short questions of how their own situation looks.
Not everything is settled yet
The date on which these obligations actually come into force is not yet fixed. The underlying delegated act is expected around 2028 according to the work programme of the European Commission, with entry into force around 2030. Details such as the precise delimitation between second-hand, renovated and new may also be refined further. On furnipas.eu we keep track of how we track which information has been officially established what the current state of affairs is, as soon as the text provides more clarity on this.
Are you unsure whether your assortment — new, second-hand or renovated — will fall under these rules? Take the free quick-scan or browse through the other topics in the knowledge base to see what is relevant for your company.