My manufacturer is outside the EU — who arranges the product passport then?

The EU importer arranges the passport, not the manufacturer themselves

If the manufacturer is located outside the EU, responsibility for the digital product passport in practice lies with the party bringing the product to market in the EU: the importer. The ESPR distinguishes between the manufacturer (where the product is actually made) and the market operator responsible for compliance in the Union. If that manufacturer is outside the EU, that role typically falls to the importer, or to an authorised representative designated by the manufacturer for this purpose. The passport itself does not need to be drawn up by the manufacturer — what matters is that data are available and that someone within the EU can be held accountable for their accuracy and availability.

Who this applies to, and who it does not

This distinction applies to any product falling under a delegated act of the ESPR and made by a party outside the European Union. For clothing and textile products, this means: once the sector-specific requirements for textiles apply, the importer bringing the garment to the EU market from a third country comes into play — not the factory in the country of origin. This applies to situations involving actual import into the EU. It does not apply to manufacturers established in the EU themselves (who are then directly the responsible market operator), and it does not automatically apply to intermediaries who merely resell the product within the EU without having imported it themselves — they may have other, lighter obligations. In case of doubt about who qualifies as an importer in a specific chain, the text of the ESPR itself is the reference point.

No fixed date yet, but a clear timeline

There is no established entry date for the product passport for clothing and textiles. The ESPR work plan for the period 2025-2030 mentions a delegated act for textiles expected to be adopted in 2027, with clothing and textile products composed of eighty percent or more textile fibres as the first category. As long as that delegated act has not been published, there is no concrete obligation for the sector. Until then, nothing changes in the division of roles between manufacturer, importer and authorised representative: those frameworks are already fixed in the ESPR itself, only the date on which they will apply to textiles is not yet determined. Once the act is published, that date will be stated here.

What this means in practice

Anyone importing clothing or textiles from a manufacturer outside the EU would be wise to map out which role each party in the chain performs right now. First: check whether import into the EU is actually taking place, and if so, who is actually carrying out that import — often this is the party identified as the importer. Next: determine whether the manufacturer outside the EU has appointed an authorised representative, and if so, what that representative does and does not do. Then: make agreements with the manufacturer on which product data will be made available — material composition, origin, and other information needed for the passport — because that data must come from somewhere, and the manufacturer is the source for it, even if the importer is ultimately responsible for the passport. Finally: start thinking now about who will technically compile and host the passport, so this is not left until the obligation takes effect. For brands and importers taking on this role, a platform such as texpas.eu compiles the passport based on the data supplied by the manufacturer or importer, hosts it for ten years, and provides the QR data carrier — but responsibility for the accuracy of the underlying data remains with the market operator acting as importer or authorised representative.

Where this is set out: Articles 28 and 29 of the ESPR

The obligations of importers are set out in Article 29 of Regulation (EU) 2024/1781 (ESPR): it describes what is expected of an importer when a product from outside the EU is placed on the market. Article 28 of the same regulation governs the role of the authorized representative: a party that a manufacturer outside the EU can appoint to perform certain tasks on its behalf. Together, these articles establish that, even if the manufacturer is outside the Union, there is always a party within the EU that can be identified as being responsible for compliance.

If you are already working with a manufacturer outside the EU, it is best to start by documenting the division of roles in the supply chain and by requesting product data from the manufacturer, so that when the delegated act for textiles is published, there is no backlog to catch up on.

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

What is expected of you

When clothing or textiles are manufactured outside the EU and placed on the European market from there, a large part of the responsibility for the digital product passport shifts to the party placing the product on the EU market. The manufacturer itself is outside the scope of EU supervision, and that is precisely why the ESPR (Regulation (EU) 2024/1781) regulates in Article 29 and Article 28 who takes on that role.

The importer becomes the designated party

Article 29 of the ESPR imposes obligations on the importer: the person who places the product on the European market from a country outside the EU. For a company with 10 to 100 employees that purchases clothing or textiles from a factory in, for example, Bangladesh, Turkey or China, this means in practice that the digital product passport is not automatically supplied by that factory. The importer must check whether the passport exists, whether it is correct, and whether it is accessible via the QR data carrier on the product. Anyone unsure whether this role applies to their own company can find a more detailed explanation at Am I an importer or manufacturer according to the ESPR?.

Verification before placing on the market

In practical terms, this means that verification of the passport takes place before the clothing is sold in the EU, not after. For a company without a large legal department, this is often a new step in the procurement process: in addition to quality control and product control, there is a check specifically on the presence and accuracy of the passport. This requires coordination with the manufacturer over which data are to be supplied and in what form.

An authorised representative as an alternative

Article 28 of the ESPR offers the possibility that the manufacturer outside the EU appoints an authorised representative to act on its behalf in the EU. For a medium-sized clothing company, this is relevant when the manufacturer itself is a larger party working for several European customers and prefers to centralise the administrative burden. In that case, the responsibility for the passport runs through that representative, and not (only) through the importer. It is then important to clarify exactly who fulfils that role and what data are supplied via which party.

Own brand does not make it simpler

For companies that have production carried out under their own brand by a manufacturer outside the EU, there is an additional layer: they are both brand owner and (often) importer. Those wanting to know more about this can read further at I sell clothing and textiles under my own brand — what obligations do I get? and at I have clothing made under my own label — who creates the passport?. The combination of roles does not mean that two passports are needed, but it does mean that it must be clear who within the company is responsible for providing data to the party that compiles the passport.

Where things go wrong in practice

A number of situations regularly occur with companies working with manufacturers outside the EU.

The manufacturer supplies only a production file or quality certificate, and the company assumes this is the same as a digital product passport. This is not the case: the passport requires specific, structured data that are disclosed via a QR code, not a loose certificate.

A second situation: work is done with several manufacturers outside the EU for different collection items, and no one within the company has an overview of which manufacturer has already supplied which data. The result is that part of the collection reaches the EU market without a valid passport, without this being noticed beforehand.

A third: the company believes that the manufacturer outside the EU remains responsible, even after import into the EU. Once the product is placed on the European market, however, responsibility lies with the importer or the authorised representative, not with the manufacturer itself — who falls outside the scope of EU regulation.

A fourth situation arises when a company both imports and resells to other shops or platforms. Unclear roles within that chain sometimes mean no one feels responsible for the passport. For those in this position, the distinction between their own obligations and those of customers is further detailed on What obligations does a distributor or trader of clothing and textiles have? and at I am a clothing wholesaler, what are my obligations regarding the product passport.

A fifth: when selling via your own webshop in combination with a manufacturer outside the EU, it is overlooked that the importer obligation also applies here, regardless of the sales channel. Those selling via a marketplace can compare their own position with the explanation on What does the product passport mean if I sell clothing and textiles through an online marketplace?.

What you can record

For companies working with manufacturers outside the EU, it is practical to document a number of matters in writing, for example in the purchase contract or in a separate annex:

Which party supplies the data for the product passport: the manufacturer, an authorised representative, or your own company as importer.
Which data the manufacturer supplies exactly (material composition, origin, production process) and in what form and language.
Who within your own company is responsible for checking the supplied data before the product enters the EU market.
Whether an authorised representative has been appointed pursuant to Article 28 of the ESPR, and who that representative is.
How changes to the collection or production process are handled, and who approaches the manufacturer about these.
An overview per collection or product line of which manufacturer supplies which products, so that during inspection it is quickly clear which passport belongs to which article.

Those not yet sure exactly what role their company plays in this chain will find a general overview on Who is responsible for the product passport for clothing and textiles?. And for those wondering what the consequences are if this is not in order, there is an explanation on What happens if I don't have a product passport for my clothing and textiles?.

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.