I sell aluminium under my own brand — what obligations do I incur?
Whoever puts their brand on aluminium becomes subject to manufacturer obligations
Whoever sells aluminium semi-finished products under their own brand is generally subject to the obligations that apply to manufacturers under the ESPR, even if production itself is carried out by a supplier. Article 27 of the ESPR (Regulation (EU) 2024/1781) places responsibility for conformity, technical documentation and making the digital product passport available with the manufacturer. The brand under which a product is placed on the market is the decisive factor: it is not the party that has rolled or cast the aluminium that bears responsibility, but the party that offers it under its own name. For companies that purchase aluminium profiles, castings or packaging material and resell them under their own label, this means that the own brand name is not optional: they assume the role that legislation assigns to the manufacturer, with the associated obligations regarding the product passport.
Who this applies to, and who it does not
This topic affects companies that source aluminium products from a third party and subsequently place them on the market under their own brand name, corporate identity or product line — for example a packaging company that has aluminium foil or trays produced and sells them under its own label, or a trading company that distributes profiles under its own brand name. It does not apply to a party that resells products from another manufacturer unchanged under that manufacturer's name and brand — that party generally fulfils the role of distributor or importer, with obligations different from those of a manufacturer. Nor does it apply to a party that only provides logistics, storage or financing without offering the product under its own name. The decisive factor is therefore not the physical production activity, but the question of under whose name and brand the aluminium product ultimately reaches the market.
Date not yet fixed; what is already established
When the obligation to provide a digital product passport for aluminium will actually take effect is not yet fixed. That moment will be determined by a delegated act that the European Commission still has to adopt for this product group; in the ESPR work plan for 2025-2030 it is expected in 2027, after which there is usually a transition period before the obligation actually comes into force. Until that act is published and in force, no concrete obligations regarding the product passport apply to aluminium semi-finished products. However, Article 27 of the ESPR already establishes which party will be subject to the obligations once a product group is designated: the manufacturer, and therefore also the party that places products on the market under its own brand. Once the date for aluminium is known, this page will be updated.
How this works in practice for an own brand
For those selling aluminium under their own brand, the first step is to verify whether your own role in the supply chain corresponds to that of a manufacturer within the meaning of the ESPR, or rather to that of a distributor or importer — this determines who will be required to have the product passport compiled. If your role is that of a manufacturer, the second step is to map out which data about the aluminium (origin, alloy, processing, recycled content) must come from your own supplier, as this data is needed to populate the passport, even if the brand holder does not produce itself. The third step is to make agreements with that supplier about sharing this data, preferably well before the obligation takes effect, so there is no rush once the delegated act is in place. A fourth point is the retention of technical documentation: Article 27 places this obligation on the manufacturer, and those selling under their own brand cannot therefore rely solely on a reference to the original producer. Finally, it is advisable to structure your own brand management and procurement contracts in such a way that it is clear who supplies which information and who is responsible for keeping the product passport up to date during the period it must remain available.
Where this is stated: Article 27 of the ESPR
These obligations follow from Article 27 of the ESPR (Regulation (EU) 2024/1781), which sets out the obligations of manufacturers, including ensuring product conformity and making the digital product passport available. The link between bearing a brand and shouldering manufacturer obligations is a recurring principle in European product legislation, and Article 27 aligns with this by assigning duties to the party placing the product on the market under its own name. Which product groups are subject to these obligations and when is determined by delegated act; for aluminium, that act does not yet exist.
Those currently selling aluminium under their own brand are best advised to map out right now which data their own supplier can provide about the origin and composition of the aluminium, and to record this in their purchasing agreements — so that a basis exists once the obligation takes effect for this product group.
What this is based on
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
Putting aluminium under your own brand name or house style on the market often feels like a trading activity — after all, the profile or casting was made by someone else. Under the ESPR, it is different. Article 27 of the ESPR (Regulation (EU) 2024/1781) regulates the obligations of manufacturers, and anyone who has a product sold under their own name or brand is treated as a manufacturer for that regulation, even if the production itself takes place elsewhere. This is a different position than that of an ordinary reseller, and the question am I an importer or manufacturer under the ESPR is therefore precisely the question that must be answered first before obligations are discussed.
What is expected of you
Ensuring the product meets the requirements
The manufacturer — in this case the person whose brand is on the product — bears the responsibility that the aluminium product complies with the ecological design requirements applicable to that product group. For a company with 10 to 100 employees, this practically means that someone within the organisation must know what happens in the underlying production process, even if that process is with a supplier. The brand is on it, so the responsibility is there too.
Preparing and maintaining technical documentation
There must be documentation showing that the product meets the requirements. For a brand owner who does not produce themselves, this documentation usually comes from the supplier. The practical task is then not to prepare that documentation themselves, but to organise the receipt, checking and retention of it — including a way to respond if a supervisory authority requests it.
Having the product passport drawn up and kept available
The digital product passport must be associated with the product and remain available for ten years. For a brand owner, this means a choice: have the supplier compile the passport with the brand name of the client in it, or does the brand owner take that process upon themselves with data coming from the supplier. For those who want to know more about this, information can be found in what a digital product passport for aluminium exactly contains and in the broader question who is responsible for the product passport of aluminium.
Brand, name and contact details on the product or the accompanying documents
A manufacturer identifies itself on the product or packaging, or if that is not possible, in the accompanying documents. For own-brand sales, this means that the name, registered brand and contact address of the brand owner must be clearly identifiable — not only that of the underlying producer.
Corrective measures in case of non-conformity
If it turns out that a product does not meet the requirements, it is up to the manufacturer to correct it, recall it or withdraw it from the market. For a brand owner who does not produce themselves, this means that agreements must be in place with the supplier about who does what if this occurs — this is not something to arrange only when the problem has already arisen.
Cooperating with supervisory authorities
Upon request of a supervisory authority, information and documentation must be provided. For a brand owner, this means that the turnaround time between requesting data from the supplier and submitting it to the supervisory authority is a real point of attention, especially when the supplier is outside the EU.
Where things go wrong in practice
A common situation is that a company assumes that the supplier "will arrange the passport" because after all that is the factory — while Article 27 places the responsibility precisely with the brand owner once it is sold under their own name. Without a clear agreement, a gap arises in which nobody actually compiles the passport.
A second situation: the aluminium is supplied by a supplier who also delivers under its own brand to other customers, and the technical data supplied is generic, while the product passport must be specific per product and per brand. This applies in particular to private label supply to a brand owner, where the same alloy goes out the door under multiple brand names.
A third: the supplier is changed without the data transfer for the product passport being included in that process. The new supplier has different process data, and no one has documented what is precisely needed for that — this is one of the situations covered in changing supplier.
A fourth situation arises when the brand owner itself has production or assembly carried out in multiple EU countries, and it remains unclear who is responsible per location — see for this responsibility at multiple locations within the EU.
Finally, things go wrong when a brand owner also offers the product via a webshop or marketplace, without realizing that additional points of attention apply there regarding showing the product passport to the consumer before purchase.
What you can document now
- A written agreement with the supplier about which party supplies which part of the technical documentation, in which format and at what time.
- An overview of the data that the supplier provides per alloy, batch or product line, including a check to ensure this matches what is sold under your own brand.
- A procedure for the event that a product does not meet the requirements: who reports, who corrects, who removes from the market.
- A documented procedure for what must happen when changing supplier, so that product passport data do not fall between two stools.
- Contact details and brand registration that are consistent on the product, the packaging and the accompanying documentation.
- A retention plan for documentation and product passport data that aligns with the intended availability period of ten years.
Anyone in doubt as to whether their own situation falls under these obligations at all will find a first check in the question who is responsible for the product passport; anyone working with a supplier outside the EU would do well to also look at what that means for the division of roles around the product passport.
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 2026-08-22. Is something not right? Let us know — corrections are prioritised.