Article 3 · Commission Delegated Regulation (EU) 2026/296

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Article 3Documentation for verification of compliance#

Economic operators shall, for a period of five years after an unsold consumer product subject to a derogation pursuant to Article 2 has been destroyed, keep, and, upon request, put at the disposal of the competent authorities, in electronic form, within 30 days of receipt of the request, with the exception of when the information is available to the competent national authority on the basis of another legal act, the following documentation:

(a)for a dangerous product referred to in Article 2, point (a), either of the following:

(i)a description of a health or safety concern that compromises compliance with the general safety requirement referred to in Article 5 of Regulation (EU) 2023/988, including an assessment of the safety of the product in accordance with Articles 6, 7 and 8 of that Regulation;

(ii)a test report indicating the presence in a product of non-compliant chemicals and stating the applicable Union or national law;

(b)for a product referred to in Article 2, point (b), a self-assessment statement that indicates the type of the non-compliance and the applicable Union or national law;

(c)in the case referred to in Article 2, point (c), the final judicial decision, ADR decision or notification referred to in that point, or documentation of an internal investigation substantiating the infringement;

(d)in the case referred to in Article 2, point (d), a licence, contract or agreement that has been concluded with the rightsholder and that explicitly specifies the restrictions on the distribution or other forms of transfer of the product after a specified period, accompanied by a justification that destruction is appropriate and proportionate;

(e)in the case referred to in Article 2, point (e), an inspection report or supporting documentation demonstrating that technical options for preparing the product for reuse or remanufacturing have been assessed and found to be unfeasible, including, as appropriate, visual evidence, technical analysis or expert opinions substantiating the technical unfeasibility of removing or permanently rendering inaccessible labels, logos or recognisable characteristics that are protected by intellectual property rights or that are considered inappropriate;

(f)in the case of a damaged product referred to in Article 2, point (f), or of a product unfit for purpose referred to in point (g) of that Article, either of the following documentation:

(i)evidence that the product has been subject to quality assessment procedures including visual inspection and sorting that prioritises restocking and repairs, including a description of the quality assessment procedure, standardised remediation plans for specific types of damage and a description of specific cases in which repair and refurbishment are not possible for technical or cost-effectiveness considerations for a product referred to in Article 2, point (f), or for technical considerations for a product referred to in point (g) of that Article;

(ii)an inspection record, in the form of a technical test, results from applicable practical evaluations or other expert judgements, that documents the type and severity of the damage identified for the compromised items or batches and the unfeasibility of corrective measures due to technical or cost-effectiveness considerations for a product referred to in Article 2, point (f), or due to technical considerations for a product referred to in point (g) of that Article;

(g)in the case referred to in Article 2, point (h), evidence of the offer for donation;

(h)in the case referred to in Article 2, point (i), a declaration attesting that the product was received as a donation and that no recipient could be found for it;

(i)in the case referred to in Article 2, point (j), documentation demonstrating that the product was received from a waste treatment operator and that no recipient could be found for it.