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Does supervision of the furniture passport differ per EU country?

The obligation for the digital product passport comes from a single EU regulation, but which authority checks it and what penalties apply is arranged separately per member state.

No, supervision of the furniture passport is not arranged in the same way in every EU country. The obligation itself comes from a single European regulation and applies equally across the entire Union, but the supervision of it — who checks, how strictly, and what penalty applies — is something each member state organizes itself. For a company that only supplies in the Netherlands, that is mainly background information. For a company that also brings furniture to market in Germany, Belgium or other EU countries, it can make a practical difference.

The reason for this lies in the way European legislation works. A regulation is, unlike a directive, directly applicable: there is no need for national legislation to make the substantive obligation valid. But supervision and enforcement are another matter. Member states appoint their own market surveillance authorities, determine themselves how much capacity goes to them, and set the sanctions themselves within the frameworks that the regulation provides for that. That explains why the rule can be the same everywhere, while its implementation has a different face per country.

One regulation, national implementation

The ESPR regulation (Ecodesign for Sustainable Products Regulation) establishes the basic obligations EU-wide: which product groups receive a digital product passport, which information must be included in it, and who in the chain is responsible for it. That part does not differ between countries. What does differ per member state is the institutional arrangement of supervision: which authority carries out sampling checks, how complaints are handled, and which administrative or criminal penalties apply in case of a breach. Each member state makes those choices through its own implementing legislation, and as of the time of writing, that has not yet been definitively established in all countries.

European market surveillance authorities do work together with each other within the broader framework of market surveillance of the internal market: information about unsafe or non-compliant products can be exchanged between countries. That does not mean the working method is identical, but rather that a problem detected in one country does not necessarily stop at the border.

What this means if you supply in multiple EU countries

For a furniture manufacturer or project furnisher that brings products to market in different member states, it is good to know that 'complying with the obligation' and 'being ready for any national inspection' are not automatically the same thing. The content of the passport is the same everywhere, but practical matters such as the language in which certain information must be accessible, or the way a surveillance authority announces an inspection, can differ per country. Also the level of penalties for a breach is determined nationally and can therefore vary.

This is particularly relevant for companies that are active in multiple countries through distributors or own branches, and for project furnishers that supply furniture to clients outside the Netherlands. If you have doubts about the situation in a specific country, it is advisable to consult the officially designated surveillance authority of that country, or a lawyer familiar with cross-border trade.

The situation in the Netherlands

For the Netherlands, the designation of the competent supervision authority (authorities) for the furniture passport is part of the national implementation of the regulation, and that designation is not yet definitively established in all aspects at this moment. Once clarity comes on this, that is the moment to review your own situation again. General information about how supervision and enforcement are allocated in the Netherlands can be found in the overview by subject in the knowledge bank.

What you can already do now

Even though not every detail per country has been established yet, it is worthwhile to map out now in which countries your products are sold, and what information is standard requested for them. This prevents you from being caught off guard during a first inspection, wherever it may be. A good starting point is to determine who in your chain formally acts as the provider of the passport, as that role is often the first point of contact for a supervisory authority, in each country. With a quick scan of a few questions you get a first indication of where your business stands, and on the page with frequently asked questions you will find answers to similar practical issues.

If you do not yet have a clear picture of your situation, the free quick-scan is an accessible first step, or you can quietly read through the other topics on furnipas.eu to see what does and does not apply to your business.

This article is general information and not legal advice.