When a supplier does not provide the data needed for the textile passport, the passport simply cannot be compiled. Without fibre composition, origin information or other mandatory data, the basis on which a passport is built is missing. This is not a matter of a fine that follows immediately, because the obligation for clothing with eighty percent or more textile fibres must still be established in a delegated act expected before 2027, with an entry into force date that is presumed to be around 2029. But the consequences begin earlier, namely at the moment when you yourself are not ready in time.
The responsibility for a complete passport lies in practice with the person who qualifies as a supplier: usually the brand, the importer or the party placing the product on the EU market. That responsibility does not automatically shift to the supplier, even if that supplier does not provide the data, provides it late or provides it incompletely. Once the obligation comes into force, a product without a valid passport cannot be placed on the market, regardless of where in the chain the delay originated.
Why this can be a problem even before the entry into force date
Compiling a passport takes time, especially if a supplier needs to research, have data tested or have it certified. Those who only start requesting data shortly before the obligation comes into force run the risk that suppliers cannot deliver in time, simply because they in turn are dependent on manufacturers, mills or intermediaries further down the chain. A supplier who does not have a good overview of origin or composition themselves cannot produce that information on request today.
This is one of the reasons why many companies are already choosing to inventory which data is missing, rather than waiting until the date is set. With a few questions to see where you stand now it becomes clear in a few minutes which information is already available and which still needs to be requested.
What you can already establish in your relationship with a supplier
Because responsibility remains with the supplier, it is customary to include agreements on data provision in purchasing terms or the supply contract: which data will be provided, in what form, and within what timeframe after ordering or delivery. If a supplier fails to do so, this is first and foremost a contractual matter between you and that supplier, independent of whether the textile regulation already applies. A lawyer can assess which provisions in your specific contracts are useful for this; this is not an assessment this article can make.
For companies that still need to determine what such a data flow looks like, the knowledge base with detailed topics per situation provides background on the role of suppliers, manufacturers and suppliers within the chain.
What supervisory authorities do when data is missing
Once the obligation comes into force, supervisory authorities look at the product as it is offered on the market, not at the question of where in the chain something went wrong. A missing or incomplete passport is then treated as a shortcoming of the supplier, regardless of the cause. What specific steps a supervisory authority takes in this regard and what consequences this has are not set out in this article: that is up to the competent supervisory authority and also differs per Member State. For questions about your own situation, the supervisory authority or a lawyer is the appropriate point of contact.
Why starting early makes a difference
The risk that a supplier fails to deliver data on time cannot be eliminated, but it can be limited by starting well before the expected implementation date. Those who map out which suppliers can provide which data now have time to adjust agreements, seek alternative sources, or, where necessary, change suppliers. More information on how that data is then processed into a passport is available on the page that explains where the information comes from.
Would you like to know how your own supplier chain is positioned? The quick scan provides an indication in a few minutes, and the knowledge base helps you work through the topics relevant to your situation.