who is responsible for the passport if I supply aluminium to a brand owner
Usually the obligation remains with the brand owner
If someone supplies aluminium to a brand owner and does not present themselves as a manufacturer, they are usually not the one who must have the digital product passport drawn up. The ESPR places this obligation with the manufacturer: the party that places the product on the market under its name or brand, or which has it designed or manufactured and sells it under its own name (Article 27 of the ESPR, Regulation (EU) 2024/1781). A supplier that delivers raw material, semi-finished product or component which the brand owner then makes into its own product falls in practice outside that definition — the brand owner is then the party responsible for the passport.
Who this applies to, and who it does not
This applies to suppliers who deliver aluminium (profiles, castings, packaging material) to a customer who resells it under its own brand or name, without the supplier itself presenting as a manufacturer or importer to the end market. In that situation, the obligation to draw up the passport lies with that brand owner, not with the supplier. This is different once the supplier itself also sells directly to other customers under its own name, or imports aluminium from outside the EU — then that part of the activity falls under a different role, with its own obligations. It is therefore possible that one and the same undertaking is a pure supplier for one contract, and a manufacturer or importer for another contract. Anyone in doubt about which role an activity falls under will find more detailed explanation on the page on being an importer or manufacturer under the ESPR. Also relevant: anyone who sells aluminium themselves under their own brand — even if only for part of the turnover — thereby acquires the obligations that come with that role, described on the page on selling under your own brand.
This division of obligations, incidentally, says nothing about the data itself. Even if the brand owner must arrange the passport, they remain dependent on the supplier for the correct material and process data. This touches on a different question — who is liable if something goes wrong in that data — which is dealt with separately on the page on liability for incorrect data.
What is not yet fixed, and what is
When the obligation for a digital product passport for aluminium actually comes into force is not yet fixed. The ESPR itself regulates the passport as an instrument (Article 9 of the ESPR, Regulation (EU) 2024/1781), but the concrete implementation for each product group — including aluminium semi-finished products — follows from a delegated act that has yet to be published. According to the ESPR work programme 2025-2030, that act for aluminium is expected in 2027, and until that publication is available, the exact date and implementation are not fixed. As soon as that act appears, the date and content will be added here. Until then, nothing changes for the division of roles between supplier and brand owner: this already follows from the general definitions in Article 27, regardless of the date on which the obligation for aluminium actually comes into force.
How a supplier tackles this in practice
First, it is useful to clarify under which name the product goes to market: if that is the customer's name and not that of the supplier, the core obligation for the passport lies with that customer. Next, it is worthwhile to inventory which data that customer will need — composition of the aluminium alloy, origin, recycling percentage, process data — and to record how that data is recorded and shared, even if there is no legal obligation yet. After that, it is advisable to establish in the supply agreement or in correspondence with the customer who supplies which data and who is responsible for what, so that there is no confusion when the obligation does come into effect. Those who themselves produce or supply in multiple EU countries may also run into a separate question about where exactly the responsibility lies; that is addressed on the page on multiple facilities in the EU. And those who regularly change suppliers or who change their own supplier themselves, would do well to look at what that means for the continuity of the data, explained on the page on changing suppliers.
Where this follows from: article 27 and article 9 of the ESPR
The obligation to have a digital product passport drawn up lies with the manufacturer, as described in article 27 of the ESPR (Regulation (EU) 2024/1781). That provision links the obligation to whoever places the product on the market under its own name or brand, not to whoever has supplied the raw material or semi-finished product. The passport itself, as a mandatory instrument per product group, is regulated in article 9 of the ESPR. The concrete product group requirements for aluminium follow from a delegated act that has not yet been published.
Those who, after reading this page, wish to determine what this means for their own business in practice, can best first establish their own role — supplier, manufacturer, importer or distributor — via the page that explains who is responsible for the digital product passport for aluminium, and from there sharpen up the agreements with the customer or brand owner.
What this is based on
- Regulation (EU) 2024/1781 (ESPR), Article 27 (obligations of manufacturers)
- Regulation (EU) 2024/1781 (ESPR), Article 9 (digital product passport)
The regulation itself is on EUR-Lex. We refer per statement; you do not have to take our word for it.
What you must concretely do
What is expected of you
A supplier who supplies aluminium semi-finished products to a brand owner is in a position that the ESPR does not describe with its own label. The regulation assigns obligations to "the manufacturer" — and that is whoever places the product on the market under his name or brand, or who determines the design and production (article 27, Regulation (EU) 2024/1781). Who exactly that manufacturer is in a chain from supplier to brand owner depends on the actual division of roles, not on who physically cast or extruded the metal.
Determining who in the chain qualifies as manufacturer
For a company of 10 to 100 employees that supplies aluminium profiles, castings or packaging material to a customer who sells it under its own brand, the first step is to determine who, according to the definition in article 27, is the manufacturer. If the brand owner puts his own name on the final product and determines the specifications, then that party typically bears the manufacturer obligations. If, on the other hand, the supplier delivers a product that is already resold as a finished whole without substantial change, then the question shifts to who actually has the passport drawn up. This demarcation is precisely what Who is responsible for the product passport for aluminium? goes into.
Keeping data available, even if you are not the manufacturer
Even without the manufacturer role, a supplier remains the party that has the source data: alloy composition, origin of the aluminium, recycling percentage, process and energy data. Article 9 of the ESPR (Regulation (EU) 2024/1781) describes that the digital product passport makes this product information accessible via a QR data carrier. In practice, this means that a supplier must have his data in order, even when the brand owner has the passport drawn up — after all, without that data no passport can be created.
Establish contractually who is responsible for which part
Because the ESPR does not contractually define the division of roles in a supply chain, it is an agreement made between the supplier and brand owner themselves. For a medium-sized company, this means that purchasing and sales contracts deserve a clause about who supplies the data, who checks it and who hosts the passport. Who is precisely responsible as a 'brand seller' here is described on the page I sell aluminium under my own brand — what obligations do I incur? — useful to read from the perspective of the customer on the other side of the table.
Taking into account a non-EU link in the chain
Some suppliers are not themselves in the EU, or supply to a brand owner who in turn purchases from a production facility outside the Union. In that case, obligations may shift to an importer. What that means for the chain is explained on My manufacturer is located outside the European Union — who arranges the product passport then?
Where things go wrong in practice
The assumption that 'the customer will sort it out'. A supplier sometimes assumes that the brand owner, as end seller, automatically bears full responsibility. That may be correct for the manufacturer obligations, but the brand owner needs the supplier's source data to complete the passport — that assumption then leads to delays when the data is requested.
Lack of clarity with private label products. When the same aluminium profile is sold under multiple brand names, confusion arises about who is responsible for which passport. One production batch can then give rise to multiple passports with the same underlying data but different brand names on top.
No written agreement on data supply. In practice, it is often agreed verbally or by e-mail who sends which information, without this being set out in the contract. When a contact person changes on one side, that agreement is then lost.
Change of supplier without passport continuity. A brand owner who switches aluminium suppliers must obtain new source data for existing or new passports. For the supplier that is leaving, it is important to record which data has been transferred and which has not — see also What do I need to arrange for the passport if I change supplier?
Incorrect or outdated data that ends up in the brand owner's passport. If the supplier provides incorrect alloy data and it ends up in the passport, a question arises about who is accountable for it — the party that supplied the data, or the party that published the passport. That subject is addressed on Who is liable if there is incorrect data in the product passport?
What you can document now
- An overview of the company's own product data that is relevant to a product passport: alloy composition, raw material origin, recycling percentage, production process and any energy data.
- A contractual provision with the brand owner about who performs the manufacturer role for the supplied product, and thus who bears the obligations of Article 27 of the ESPR.
- An agreement on the time and form in which data is supplied — per batch, per product line, or per delivery.
- An established procedure for what happens if there are changes in the composition or origin of the supplied aluminium, so that an existing passport is updated in time.
- A record of correspondence and documentation showing which data was provided to the brand owner at which time, usable as evidence if there is a dispute about incorrect data.
- An overview of all brands or private labels under which the same product is sold, so that it is clear which passports are based on which data.
Anyone wishing to check more broadly whether their aluminium product falls within the scope of these obligations at all will find a starting point on Does the digital product passport apply to my aluminium?
This is not legal advice. This page provides general information on the legislation that this platform covers. We do not know your situation. If in doubt about your own case, consult a lawyer or the competent supervisory authority.
Written with AI based on the sources above, checked by a human on 2026-09-05. Is something incorrect? Let us know — corrections are prioritised.