Many companies that trade in textiles or clothing do not manufacture anything themselves. They purchase goods, sometimes put their own label on them, or resell exactly what comes in. The question that then arises: does that also count as 'placing something on the market', or does that obligation remain reserved for the manufacturer? The answer depends on your role in the supply chain, not on whether you yourself use needles and thread.
The regulation looks at who places a product on the EU market for the first time, or who offers it under their own brand name. If you are a distributor or reseller of a product that has already been placed on the market by another company, and you make no changes to it, the obligation usually lies with that other party. If you place your own brand or name on the product, or import it for the first time from a country outside the EU, that responsibility may shift to you.
What the regulation means by 'placing on the market'
In the text of the regulation, it is not about who fills the shelf, but about who makes the product available for the first time within the European Union, or who presents it as their own product. A wholesaler that buys clothing from a European manufacturer and resells it unchanged to shops usually has a different role than a company that has clothing produced in a third country and imports it themselves. the overview of roles and obligations per situation describes these roles independently of your specific sector, so that you can compare them with your own position in the supply chain.
When you are probably not the responsible party
If you purchase an existing, already packaged and labelled product from a supplier within the EU and pass it on unchanged to other companies or consumers, the obligation to provide the passport usually lies with the party that placed the product on the market for the first time. You are then a link in the chain, but not necessarily the party that must provide the data. This does not change the fact that you have an interest in knowing whether that passport actually exists, because without a valid passport, a product will not be allowed to be sold in the future.
When the responsibility may lie with you
The situation changes as soon as you add or modify something to the product that is relevant to the market: your own brand name, your own packaging, or when you are the first party in the EU to import a product made outside the EU. Also in the case of private label, where a factory produces on your behalf and the product appears under your name, the role of responsible party may fall to you. This applies equally to smaller companies: the size of your business does not determine whether the regulation applies, your position in the supply chain does.
What if you do not know what role you have
Many companies have mixed activities: partly reselling of existing brands, partly own labels, partly imports. In those cases, it makes sense to look at each product line, not at the company as a whole. A chain may be a pure distributor for one assortment and the party that places the product on the market for the first time for another assortment. in a few questions an indication of your role gives a first direction, without you having to set up a file right away.
What you can do now
Even if you suspect that the obligation does not lie with your company, it is wise to ask your suppliers who the responsible party is and whether that party is aware of the coming obligation. This prevents you from having products in a few years' time that cannot be sold because no one in the chain has had the passport drawn up. Anyone who is uncertain about their own situation will find in answers to questions asked by other entrepreneurs comparable cases, and for an assessment that goes beyond your own knowledge, a lawyer or the competent supervisory authority is the appropriate party.
Would you first like to clarify for yourself where you stand in this chain? The free quick-scan on texpas.eu provides an initial indication in a few minutes, and the knowledge base explains the background without requiring you to have legal expertise.