Am I an importer or manufacturer according to the ESPR?

What you must concretely do

What is expected of you

The ESPR distinguishes the manufacturer and the importer as two different roles, each with their own obligations. Which role a company has depends on where the aluminium comes from and under whose name it is placed on the EU market. A company that produces aluminium semi-finished products itself and places them on the market is a manufacturer within the meaning of Article 27 of the ESPR (Regulation (EU) 2024/1781). A company that sources aluminium from outside the EU and is the first to place it on the EU market is an importer according to Article 29 of the ESPR (Regulation (EU) 2024/1781). Both roles come with a set of obligations related to the digital product passport.

Ensuring the digital product passport exists

For the manufacturer this means that data on the aluminium — composition, origin, processing — are collected and supplied so that a passport can be compiled. For a company of 10 to 100 employees this usually comes down to designating someone within the organisation who maintains and supplies the technical data, often the person who already manages the material certificates and declarations of conformity. For the importer the situation is slightly different: they must verify that the manufacturer outside the EU has already had the passport prepared, or have it prepared themselves before the aluminium reaches the EU market. Who is responsible for this when the manufacturer itself is located outside the EU is further explained on the page on who arranges the digital product passport when the manufacturer is located outside the EU.

Checking that the aluminium complies with the requirements

Both roles entail a control task, but with a different emphasis. The manufacturer is responsible for actually complying with the requirements that apply to the digital product passport. The importer must verify that the manufacturer has this in order before the product is imported. In practice this means for an importing company that a check is carried out on the documentation supplied by the foreign manufacturer — not only at the first delivery, but also at repeat orders, because composition or processing may differ from batch to batch.

Keeping and making data available

Both parties are expected to retain documentation demonstrating that the obligations have been met. For the manufacturer this concerns the underlying technical data of the aluminium. For the importer it concerns the evidence that the check on the manufacturer has taken place. For a mid-sized company this means there is a fixed place — digital or on paper — where these documents can be found, and not only with the person who handled the import at the time.

Keeping contact details and identification in order

Both manufacturer and importer are expected to make their own name, address and contact details known in connection with the product. This may seem administrative in nature, but is relevant once a question arises about origin or liability. Anyone who is specifically concerned about this, for example because data later turn out to be incorrect, will find more on the page on liability for incorrect data in the digital product passport.

Cooperating with supervision

Both roles entail an obligation to cooperate with a supervisory authority that requests information or documentation. For a company of this size this mainly means there is someone who knows where the documents are and who can supply them on request, without this becoming a search operation lasting weeks.

Where things go wrong in practice

A common situation is a company that purchases aluminium profiles from a supplier within the EU, but is not aware that this supplier itself imports from outside the EU. The company then thinks it is simply a customer, while the question of who is responsible for what then lies at a link higher or lower in the chain.

A second situation: a company markets aluminium under its own brand, but has it produced by a third party. The assumption is often that the producer is responsible for the product passport, whereas the allocation of roles in own-brand sales may differ. This is worked out on the page on selling under own brand.

A third situation arises with companies that have facilities in multiple EU countries, where it is unclear which facility formally counts as the manufacturer for a particular product line. This leads to duplicate work or, conversely, to a gap where no one feels responsible. More on this is set out on the page on responsibility across multiple facilities in the EU.

A fourth situation: an importer assumes that the foreign manufacturer has arranged the product passport because it is "in the contract", without ever verifying this. When checked by a supervisor, there is then no underlying documentation.

A fifth, less discussed situation is the switch to a different supplier. The new aluminium may have a different composition or origin, and the existing product passport does not automatically cover this. What needs to be arranged in this case is described on the page on changing supplier.

What you can document now

• An overview of your own role per product line: manufacturer, importer, or neither — with the reasoning why.
• Contact details and address details as these are used externally in connection with the product.
• The technical documentation of the aluminium: composition, origin, processing steps.
• Evidence of verification of a foreign manufacturer, when importing is involved — think of correspondence, certificates or declarations that have been requested.
• A fixed point of contact within the organisation for questions from supervisors, with a designated location where underlying documents can be found.
• Agreements with suppliers or customers about who supplies which part of the product passport, especially when changing supplier or when supplying to a brand owner — see also the page on who is responsible when supplying to a brand owner.