Am I an importer or manufacturer according to the ESPR?

Manufacturer makes, importer brings in

The role that applies to a company depends on who designs the garment or has it made and under what name it enters the EU market. Whoever has a garment or textile product produced and subsequently sells it under their own brand or name falls in practice under the obligations that Article 27 of the ESPR places on manufacturers — even if the manufacturing itself is outsourced to a third party, inside or outside the EU. Whoever brings a garment made outside the EU onto the EU market for the first time without it being under their own brand or name falls under the obligations that Article 29 places on importers. The distinction therefore does not turn on where the textile is physically sewn, but on who bears responsibility for placing it on the market: under their own name (manufacturer) or as the first link of a product from elsewhere (importer).

For whom this distinction matters

This applies to clothing brands, private labels and importers of textiles and clothing that will fall under the future digital product passport. A private label that designs a collection, has production carried out by a factory inside or outside the EU, and sells the clothing under its own brand name acts in practice as a manufacturer in the sense of Article 27 — regardless of the fact that the sewing machines are located elsewhere. A company that purchases ready-made clothing from a foreign producer and puts it on the EU market under that producer's brand name acts as an importer in the sense of Article 29. The distinction does not apply to those who only distribute within the EU after another party has already brought the clothing onto the EU market — that role (distributor) has different obligations again, which are not at issue here. This distinction also applies specifically to the division of roles around the product passport and its associated obligations; it says nothing about other dossiers, such as customs or VAT status, where "importer" can have its own separate meaning.

From when this distinction applies

A fixed date is not yet set. The ESPR work plan for 2025-2030 mentions a delegated act for textiles expected around 2027, with clothing consisting of eighty percent or more textile fibres as the first category. Once that act is published, it will become clear from what date the obligations of Articles 27 and 29 for clothing and textiles will apply concretely; until then, the articles serve as a framework, but not yet as an applicable date for this product group. This page will be updated as soon as that date is known.

What this means in practice

To determine which role applies, first look at the brand name on the garment: if it bears the company's own brand, that points towards the manufacturer role, regardless of where production takes place. If it bears another brand — that of a foreign producer, for example — and the company brings that product onto the EU market for the first time, that points towards the importer role. It is then important to check whether the company is actually the first party to put the product on the EU market, or whether another party in the chain has already taken that step — because then another role (distributor) may apply. Companies that carry both their own collections under their own brand and resell ready-made products from third parties may act as a manufacturer for one part of their assortment and as an importer for another part; the role is thus determined per product or per line, not once for the entire company. For the product passport, this distinction is important because the obligation to supply data and have the passport assembled lies with the party that acts as a manufacturer or importer — this is also the basis on which texpas.eu assembles the passport from the supplied data.

The basis: Article 27 and Article 29 ESPR

Article 27 of the ESPR (Regulation (EU) 2024/1781) describes the obligations that apply to manufacturers: parties that design or have a product manufactured and place it on the market under their own name or brand. Article 29 of the same regulation describes the obligations that apply to importers: parties that place a product from a third country on the EU market for the first time. Both articles can be consulted via EUR-Lex, in the full text of Regulation (EU) 2024/1781.

What to do now

For those who wish to determine on this basis which role applies to a specific clothing line or collection, it is advisable to compare their own procurement and brand structure with Article 27 and Article 29 of the ESPR, or to consult the official text on EUR-Lex in case of doubt about a borderline case. Once the delegated act for textiles has been published, the concrete date and the further specification of both roles for clothing and textiles will appear here.

What this is based on

The regulation itself is available on EUR-Lex. We provide references for each statement; you do not need to take our word for it.

What you must do concretely

The ESPR (Regulation (EU) 2024/1781) makes a sharp distinction between manufacturers and importers, and that distinction determines which obligations apply. For a business that places clothing under its own name on the European market, that distinction is not always immediately clear — especially because day-to-day practice (designing yourself, having it produced in a factory outside the EU, importing and selling it yourself) contains elements of both roles. The law does not look at who actually wove or sewed the garment, but at who places the product under their name or brand on the market, and who brings it from outside the EU into the EU.

Anyone who has clothing made by an external factory and sells that clothing under their own brand is in most cases considered a manufacturer within the meaning of the regulation — even if there is no sewing machine in their own premises. Anyone who purchases clothing from a brand from another part of the world and is the first to place it on the market within the EU is usually an importer. A business can also combine both roles, for example when part of the collection is produced under its own label and another part is resold from a manufacturer outside the EU.

What is expected of you

As a manufacturer: responsibility for the content of the passport

Article 27 of the ESPR (Regulation (EU) 2024/1781) sets out the obligations for manufacturers. The manufacturer is responsible for the accuracy of the information that goes into the product passport: material composition, origin, and the other data that the delegated act for clothing will prescribe. For a business of 10 to 100 employees, this practically means that the data coming from their own production chain — from fabric supplier to clothing factory — must be in order and traceable. Anyone who does not weave or sew themselves, but is nevertheless classified as a manufacturer because the product is sold under their own brand, bears this responsibility equally. This affects businesses that sell under their own brand and businesses that work with private label collections in the same way.

As an importer: checks before placing on the market

Article 29 of the ESPR (Regulation (EU) 2024/1781) describes the obligations for importers. The importer must, before placing a product on the EU market, verify that the manufacturer has complied with the requirements — including the presence of a product passport. For a business that purchases from a manufacturer outside the EU, this means an additional controlling role, even if the business itself has not changed anything in the design or materials. This role is often underestimated in practice, because "simply reselling" feels like a straightforward link, whereas the regulation actually places a separate responsibility at this point.

If in doubt about your own role

A business that purchases from a factory outside the EU, but sells the end product under its own brand name, often falls in practice under a dual classification or under the role of manufacturer — because the regulation looks at who puts the name or brand on the product. If you are not sure about this yourself, you will find a more detailed explanation of the division of roles on the page who is responsible for the product passport for clothing and textiles.

Where things go wrong in practice

A first situation that often comes up: a business thinks it is "merely" an importer, because the clothing is purchased completely ready-made from a factory abroad — while its own brand label is in it. As soon as your own brand is on the garment, that counts towards determining the role, and that is sometimes overlooked.

A second situation: businesses that both import and have products produced under their own label treat their entire assortment as one category, whereas the two product lines may fall under different obligations. The product passport for the purchased collection requires a different approach than that for the own label line.

A third situation arises when the factory is located outside the EU and the company assumes that "the factory will take care of it". However, the regulation places the responsibility with the person who places the product on the EU market, not automatically with the foreign manufacturer. More information on this is available on the page about a manufacturer located outside the European Union.

A fourth situation: a company assumes that because it does not own a factory, it cannot be a manufacturer — and thus misses the obligations from article 27. The legal term "manufacturer" in the ESPR is decoupled from physical production and linked to the brand and placing on the market.

A fifth situation applies to companies that sell through multiple channels, for example also via a marketplace. The division of roles can then differ per sales channel, which is related to the question what the product passport means when selling via an online marketplace.

What you can record

An overview per product line or collection of who is designated as manufacturer and who as importer, including the reasoning for this.
Agreements with the external factory or garment manufacturer regarding which data are to be supplied and in what form.
An internal document in which it is recorded who within the company is responsible for inspection before placing on the market, in line with article 29 of the ESPR (Regulation (EU) 2024/1781).
A file per brand or label, especially when a company carries both own label and purchased collections, so that the obligations are not mixed up.
Correspondence with suppliers in which information is requested about material composition and origin, as a basis for the data that must be included in the passport.
A standard procedure for new collections, so that with each new purchase or production line it is determined again which role applies.

For companies that doubt whether their activities fall under a different role, such as distribution or trade, it is advisable to also look at the obligations of a distributor or trader or of a wholesaler in clothing to examine — the dividing lines between these roles are not always obvious, and the regulation links the obligations to the role, not to the company name on the door.

This is not legal advice. This page provides general information about the regulations that this platform covers. We are not familiar with your situation. If you are 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 wrong? Let us know — corrections are given priority.