An ESPR market-surveillance term for a product whose non-compliance with an ecodesign requirement could harm the environment or another protected public interest.
Product presenting a risk is a product whose non-compliance with an ESPR ecodesign requirement could adversely affect the environment or another protected public interest. The implementation risk is escalating a product on vague risk language without linking the issue to the breached requirement, evidence, and harm assessment.
ESPR Article 2, point 57 ties this category to non-compliance with an ecodesign requirement set in or pursuant to the Regulation, excluding the serious-risk provisions listed separately in Article 71(1). Use it as a market surveillance trigger with a requirement and harm pathway.
Regulation (EU) 2024/1781 establishing a framework for the setting of ecodesign requirements for sustainable products
a product that, by not complying with an ecodesign requirement set in or pursuant to this Regulation other than those listed in Article 71(1), could adversely affect the environment or other public interests protected by that requirement;
Reference: Article 2, point 57
Create a non-compliance record, ecodesign requirement, harm assessment, product identifier, evidence gap, affected parameter, protected interest, responsible actor, corrective action, authority notification status, and review date. The record should show why the issue is more than ordinary commercial or warranty risk.
Product presenting a risk is a risk-trigger control: product evidence needs to connect non-compliance, requirement scope, potential harm, and corrective action. That control separates ordinary defects from ESPR market-surveillance escalation.