Which supervisory authority checks the digital product passport in another EU country?
The short version: the rules themselves are the same throughout the EU, because the ESPR is a regulation and not a directive. A regulation applies directly in each Member State without a country having to first transpose it into its own legislation. What does differ by country is which authority carries out the inspection and how that inspection is practically organised.
For a company that sells steel to a customer in Germany or Belgium, or that purchases semi-finished products from a supplier in Poland, this means that the content of the passport does not change when crossing the border. The supervisory authority that may ask questions about that passport is, however, a different one than the Dutch one.
The regulation is European, supervision is national
The ESPR determines what must be included in a digital product passport and who is responsible for it. That part of the regulation is identical in every Member State. However, supervision and enforcement in the EU have been conducted via national market surveillance authorities for some time, and that pattern continues here too. Each Member State designates one or more authorities that are permitted to check whether a product complies with the requirements.
In the Netherlands, market surveillance on product regulation is usually conducted by authorities you know from other product legislation. For the precise designation and powers regarding the digital product passport, the official text of the regulation and the announcements of the supervisory authority are the places to follow; that information is not yet fully developed everywhere, and it currently also varies between Member States. Anyone who wants to know exactly how this works out for their own situation would be best advised to enquire with the competent supervisory authority or a legal advisor.
What this means for cross-border steel trade
For companies that only supply within the Netherlands, this is mainly background information. For companies that operate across borders, it can become practical. An inspection at a German customer is handled via the German supervisory authority, with the working methods and pace customary there. That can be different from what you are used to in the Netherlands, even though it concerns exactly the same data in the passport.
This also plays a role in dealings with suppliers outside the Netherlands. A Polish or Italian supplier that compiles the passport does so in accordance with the same European requirements, but is subject to supervision by their own Member State. For you as a buyer, not much changes in practice: you look at the content of the passport and the question of whether the data is correct and up to date, not at which country supervises your supplier.
What you can and cannot expect
It is advisable to keep two things separate. First, the content of the passport: the data that must be included is laid down at European level and should therefore be the same everywhere, except for country-specific additions that the regulation itself permits. Second, supervision: which authority inspects, how strictly, and with what priorities. That second part is national policy and can shift from country to country, even after the initial implementation.
At this time, the delegated act that makes the obligation for iron and steel concrete has not yet been published. Once that happens, it will become clearer how supervision is arranged in each Member State. Anyone who wants to stay informed on this by topic can find in the knowledge base with topics by situation what is currently established and what still needs to be determined.
Where you can follow this
Because the implementation is still in flux, this topic may shift further. It is good practice to check periodically whether there is news about the designation of supervisory authorities in the countries where you do business, rather than waiting until something goes wrong. On the page that shows where our information comes from you can read how we maintain and process sources.
For companies that mainly want to know whether this topic is relevant to them before they delve further, is the free quick-scan with a few questions a quick first step. Those who prefer to answer individual questions first will find an overview on the page with frequently asked questions.
Take the free quick-scan or browse through the knowledge base to see what is already established for your company and your business relationships across the border, and what still needs to be completed.