Brought to you by Elise Vermeersch from UNITAR SCYCLE

The Digital Product Passport (DPP) is an emerging tool under the European Union’s Ecodesign for Sustainable Products Regulation (ESPR). It provides standardised, structured, and accessible digital records containing key information about a product’s composition, origin, ownership, environmental impact, and end-of-life instructions. Designed to support sustainable production and consumption, the DPP enhances transparency throughout the product lifecycle and is expected to play a pivotal role in improving recycling, repair, and reuse processes.

While much attention has been given to DPP’s benefits for consumers, manufacturers, and waste management operators, its potential in supporting authorities responsible for controlling and preventing illegal waste trade remains largely unexplored.

Thus, this article is intended as a preliminary reflection on how the DPP could strengthen the capacity of enforcement bodies countering the illegal trade and management of waste, especially e-waste.

Exploring the Control and Prevention Potential of the DPP

Article 11(b) of the ESPR specifies that customs authorities, among other stakeholders, shall have free and easy access to the DPP, in line with access rights detailed in delegated acts under Article 4. However, the ESPR currently limits the DPP’s role to assisting customs and national authorities in enforcing ecodesign requirements for products placed on the Union market. It does not explicitly address the DPP’s potential to support waste management oversight, particularly regarding the transboundary movement of waste. This is a missed opportunity, especially considering the challenges faced by authorities in regulating such shipments.

One of the key difficulties is determining whether goods declared as second-hand are genuinely reusable products or misdeclared e-waste that should fall under the Basel Convention’s Prior Informed Consent (PIC) procedure. The DPP could significantly enhance authorities’ ability to make these distinctions. By providing transparent, tamper-resistant data on a product’s origin, ownership history, usage, and repair status, the DPP would enable customs and enforcement officials to better assess whether an item is new, second-hand, or waste. This would help close loopholes often exploited by illegal traffickers who mislabel e-waste as second-hand goods.

In addition, DPP data could serve as robust evidence in enforcement actions and prosecutions. By offering traceable and standardised product information, DPPs can expose fraudulent declarations, non-compliance with hazardous substance regulations, and illegal exports to non-OECD countries. Authorities could leverage this data for forensic audits and to trace the movement of specific products or waste streams across borders.

If DPP standards are harmonised across the EU and potentially at the global level, they could foster improved collaboration between customs, environmental authorities, and law enforcement agencies. This would enable real-time information sharing on suspicious shipments, non-compliant actors, and cross-border waste movements, strengthening the international fight against illegal waste trafficking.

Challenges Ahead

Before this potential can be fully realised, several key challenges must be addressed:

• Ensuring that DPP data is reliable, complete, and resistant to tampering.
• Bridging technological and capacity gaps across countries and authorities to ensure equal access to and use of DPP systems.
• Managing concerns related to confidentiality, data protection, and cross-border data governance.
• Integrating DPP systems with existing customs, waste tracking, and regulatory platforms to allow seamless data exchange and efficient enforcement workflows.

Conclusion

The Digital Product Passport has the potential to become a powerful tool not only for promoting sustainable production and consumption but also for enhancing the ability of authorities to prevent and combat illegal waste trade, particularly in the e-waste sector.

By improving product traceability, supporting evidence-based enforcement, and facilitating international cooperation, the DPP could significantly strengthen regulatory oversight. However, realising these benefits will require addressing technological, legal, and operational challenges to ensure that DPP systems are secure, accessible, and effectively integrated into existing enforcement structures.

Further research with enforcement authorities and policy development should explore this underrepresented dimension of the DPP to fully harness its potential in waste prevention and control.