Once the obligation for furniture comes into effect, a digital product passport must be attached to the product before it is placed on the market. If that passport is missing at that moment, the regulation describes that a product does not meet the conditions to be marketed, and that market surveillance authorities can intervene: request information, have a product recalled or stopped, or impose other corrective measures. Which authority will do this concretely and with which amounts is not yet set for furniture specifically.
Important to keep clear: this obligation does not yet apply. The delegated act that sets the rules for furniture is expected around 2028 in the ESPR work plan, with application around 2030. As long as that act does not exist, no formal obligation for furniture to have a passport arises. What is already becoming visible is that buyers, project managers and international chains are increasingly taking this into account — and that is another reason to do something about it now than the legal stick behind the door.
What the regulation itself describes about non-compliance
The ESPR follows in broad lines the system you already know from other European product rules, such as CE marking: a supplier is responsible for correctly placing a product on the market, and market surveillance checks this afterwards, not in advance per product. In the case of a missing or incomplete passport, a surveillance authority can ask for documentation, set a deadline to put it in order, or take further steps if this does not happen. The regulation itself does not set fixed penalty amounts; this is left to how member states organise their enforcement. Those who want to know exactly how this system works will find the underlying texts and explanations clearly presented in the knowledge bank with the regulation explained by subject.
Who supervises this in the Netherlands
Which authority in the Netherlands will take on the role of market surveillance authority for this matter, and how it will concretely shape its supervision, is not yet definitively determined at this time. This is not a reason to wait, but rather a reason to be cautious about making firm statements about how strict or lenient that supervision will be. For questions about your own situation, it is advisable to follow official announcements or contact a lawyer; general background on how supervision and enforcement are typically organised can be found on the page frequently asked questions about the regulation and supervision of it.
Consequences that go beyond a fine
The most direct consequence of a missing passport is that a product does not meet the requirements to be marketed once the obligation comes into effect. But there is also something that is already noticeable now: large buyers, contracting authorities and foreign chains are increasingly asking in advance for documentation that looks like a passport, simply because they themselves have to account to their customers. A company that does nothing about this is not so much at risk of a fine, but rather at risk of being too late when a customer or tender suddenly asks for it. If you want to quickly find out where your company currently stands, then the free product scan in a few questions gives a first indication.
How this relates to existing rules
The digital product passport does not stand alone. The data that goes into it often touches on existing obligations: product safety files, technical documentation for CE marking, and sometimes personal data of employees or suppliers that fall under the GDPR. Anyone who now thinks about where that information comes from and how it is recorded will not have to do it again later. On the page how the information for a passport is compiled you can read how such data is brought together in practice.
What you can do about it now
Without waiting for a definitive date, it is already possible for most companies to inventory which product data exist, who within the organization would become responsible for the passport, and which suppliers or chain partners already ask for similar documentation. This is not a legal process but a practical start. For translating this to your own situation, including the question of whether and when the obligation for your products applies precisely, a lawyer or the competent supervisory authority remains the appropriate place.
Would you like to see where your company stands without obligations, already? Do the free quick-scan or browse through the topics in the knowledge base to read further at your own pace.