For most companies, nothing will necessarily change in existing procurement terms this year. The obligation to provide a digital product passport only follows from a delegated act that has not yet been published; this is currently expected around 2027, with a passport that could then become mandatory in practice around 2029. As long as that act is not in place, no one can legally compel you to adapt your procurement contracts now.
Yet that is no reason to do nothing. Those who do review contracts with aluminium suppliers this year — for example with a new supplier, an annual contract round or a merger — may be wise to already include a few agreements about the data that will later be needed for the passport. This is not a legal obligation, but a practical choice to prevent duplicate work later.
What does and does not change this year
Nothing changes this year regarding the obligation itself: it does not yet exist in elaborated form. What does change is the preparation at EU level. The work plan of the ecodesign regulation (ESPR) for the period 2025-2030 lists aluminium as one of the product groups for which a delegated act is being prepared. This is not yet legislation, but it indicates the direction the European Commission is thinking and what information will probably be requested later: material origin, composition, recycling content and alloy origin.
For procurement terms, this means there are no new mandatory provisions to include this year. Contracts concluded now do not need to refer to the product passport to be valid or lawful.
Why procurement terms will matter later
Once the delegated act is in place, the passport will be compiled from data supplied by the manufacturer or importer. If you purchase aluminium semi-finished products from a supplier, that same supplier is usually the one who must be able to provide that data — not you as the buyer. This makes it relevant for the longer term to include in your procurement terms that a supplier can provide product information upon request, even if there is no legal obligation behind it today.
That distinction between who supplies the data and who compiles and hosts the passport is precisely what many companies are already asking questions about. Those who want to clarify that difference for their own situation will find an overview of the roles in the chain in the knowledge base with an explanation per role in the supply chain.
What you can already establish, without getting ahead of yourselves
There is a difference between getting ahead of rules that do not yet exist, and sensible anticipation. Without suggesting an obligation that does not yet exist, procurement terms can for example include a provision that the supplier cooperates with future information requests resulting from EU regulations on product information. This is a conditional agreement, not an obligation that already applies now.
It is also useful to check what data a supplier already records today about alloy composition and origin, and whether that data is accessible and traceable. This work does not need to be done because it is required, but it saves time once the obligation is in place. Companies that want to see how this works in practice can test it in a few minutes via the product scan that provides an indication in a few questions.
Where this comes together with existing contractual agreements
Purchasing terms do not stand alone. Existing agreements on liability, warranty and product safety remain in force as normal, even when a product passport is added. The product passport does not replace any existing obligation from, for example, product safety legislation; it sits alongside it as an additional information obligation. For the precise relationship with existing rules, it is advisable to consult a lawyer if in doubt, especially when contracts are concluded for multiple years.
How you arrange this internally
Because the date is not yet fixed and the delegated act has not yet been published, there is no reason to hurry. However, it is sensible to establish internally who is responsible for monitoring this development — often the same person who also manages purchasing terms. This way, when the act is published, it will not come as a surprise to everyone.
Anyone who wants to know precisely which information will be freely available and where traceability comes from can read that back on the page explaining where the information comes from. Frequently asked questions about timing, costs and responsibilities are bundled on the overview with frequently asked questions.
Do you want to know how this subject relates to your own purchasing practices? Take the free quick-scan or browse through the knowledge base to see what may be applicable to your company once the rules are final.