My manufacturer is outside the EU — who arranges the product passport then?
The importer or authorised representative arranges it
If the manufacturer is located outside the EU, responsibility for the digital product passport shifts to the party placing the product on the EU market: the importer, or an authorised representative designated by the manufacturer. The ESPR assumes that there is always a point of contact within the EU for obligations related to the product passport, even when the manufacturer itself is established outside the Union. Who that point of contact is precisely depends on how the manufacturer has organised its European sales: with its own authorised representative, or through an importer who purchases and resells the product independently. In both cases, the obligation lies with a party that is actually active in the EU and can be addressed by a supervisory authority.
Who this applies to and what it does not
This concerns the question of who within the EU is responsible for the product passport when the manufacturer of the steel or iron semi-finished product is located outside the Union — for example, a producer outside the EU who supplies European customers directly. It does not concern the content of the passport itself, nor does it concern the question of which product groups fall under the ESPR and when; that is determined separately for each product category via delegated acts. It also does not concern the question of whether an importer can draw up a product passport on its own without data from the manufacturer. The importer or authorised representative is responsible for complying with the obligation, but this does not automatically mean that this party also collects all underlying material and origin data itself. That data typically still comes from the manufacturer, even if another party is formally responsible for ensuring that the passport exists and is correct.
No fixed date yet, but this is certain
There is no concrete date yet for when this obligation comes into force for iron and steel. The ESPR work plan for 2025-2030 states that the first delegated acts are expected to follow in 2026, with obligations coming into force several months later. Until that delegated act is published, there is no obligation for iron and steel to have a digital product passport — and therefore no obligation for an importer or authorised representative to arrange one. What is already established is the principle from the ESPR itself: the division of roles between manufacturer, authorised representative and importer is set out in Articles 28 and 29, regardless of when a specific product group comes under the obligation. Once the delegated act for iron and steel is published, that date will be stated here.
What this means for the steel trader or processor
Anyone purchasing steel or iron semi-finished products from a party outside the EU would be well advised to first find out via which route the product enters the EU: via an authorised representative of the manufacturer, or via an importer who purchases in its own name. This question determines who will become the point of contact for the product passport. Afterwards, it is useful to establish whether that importer or authorised representative has the underlying material and origin data, or whether that still needs to be requested from the manufacturer itself — the obligation may shift to a party within the EU, but the data itself typically still comes from the manufacturer. For those who process metal themselves and pass it on, it is also relevant to know whether their own business qualifies as an importer in the chain — for example, because they purchase directly from a manufacturer outside the EU, without an intermediary within the Union. In that case, the obligations of Article 29 may lie with the business itself, and not with a third party.
The basis: Articles 28 and 29 of the ESPR
Article 28 of the ESPR describes the role of the authorised representative: a party within the EU that a manufacturer outside the Union may designate in writing to perform on its behalf tasks related to the obligations under the regulation, including the digital product passport. Article 29 describes the obligations of importers: whoever places a product from outside the EU on the market must ensure, among other things, that the manufacturer has fulfilled its obligations and that the digital product passport is present and accessible. Together, these two articles determine that, regardless of where the manufacturer is established, there is always a party within the EU that is responsible for the digital product passport.
If you are already working with a manufacturer outside the EU, you can start mapping which route the product takes — via an authorised representative or via an importer — and record who fulfils that role and whether data on material and origin are already available. This way, something is already in place as soon as the obligation for iron and steel actually comes into effect, rather than starting that inquiry then.
What this is based on
- Regulation (EU) 2024/1781 (ESPR), Article 28 (authorised representatives)
- Regulation (EU) 2024/1781 (ESPR), Article 29 (obligations of importers)
The regulation itself can be found on EUR-Lex. We provide references for each statement; you do not have to take our word for it.
What you must concretely do
Steel and semi-finished steel products come from outside the EU to a large extent: Turkey, the United Kingdom, Asia. Once that product enters the EU market, something changes in the distribution of obligations. The manufacturer remains responsible for the accuracy of the data, but whoever actually places the product on the EU market also acquires their own role. This is usually the company we refer to in practice as the "importer": the one who sources the steel from a country outside the EU and sells or processes it here.
What is expected of you
Check whether the product passport exists before the product is imported
Article 29 of the ESPR (Regulation (EU) 2024/1781) imposes a controlling role on the importer: to check whether the manufacturer has drawn up the product passport and whether that passport meets the requirements before the product is placed on the EU market. For a company with 10 to 100 employees, this means in practice that the purchasing department or management must check with each new supplier outside the EU whether a passport exists, and not leave this to the moment when the shipment is already on its way. This is one of the points where the difference between importer or manufacturer according to the ESPR directly affects what is expected of a company.
Arrange for an authorised representative, if the manufacturer does not appoint one themselves
Article 28 of the ESPR describes the figure of the authorised representative: a party within the EU who is appointed in writing by the manufacturer outside the EU to perform tasks on their behalf that are related to the product passport. For a mid-sized steel company, this means that it can be checked whether the foreign manufacturer has already appointed such a representative, and if not, that role must land somewhere — often with the importer themselves, or with a third party who takes on this task.
State own name and contact details
An importer who places steel from a third country on the EU market shall state in accordance with Article 29 its own name, registered trade name or brand and contact address on the product, the packaging or an accompanying document. For the practice of a trading company of this size, this means a standing rule for labelling and documentation with each shipment, not something that needs to be reinvented per order.
Keeping and being able to provide the underlying information
The importer shall keep a copy of the product passport and the associated conformity information available to the supervisory authorities, even after the product has already been resold. For a company of this size, this is primarily a question of archiving: where is this information stored, and is it retrievable at the moment it is requested.
Taking appropriate measures in case of doubt about conformity
When an importer has reasons to assume that a product does not meet the requirements, it is expected that the product shall not be placed on the market until conformity has been restored, and that the manufacturer and the supervisory authority are informed of this. This requires an internal arrangement as to who within the company makes that assessment and who addresses the manufacturer on this matter.
Where things go wrong in practice
A recurring problem is that the foreign manufacturer provides a passport that was drawn up for a different market, with data that do not align with the EU requirements — the importer only notices this when a customer or supervisory authority asks about it.
It also happens that no one feels responsible for the role of authorised representative: the manufacturer assumes that the importer will arrange this, the importer assumes that this is the manufacturer's responsibility, and the appointment is never formally documented.
A third situation: the steel is resold via multiple intermediaries before reaching the end-user, with the result that no one is any longer clear on who received the original product passport and where the copy of the conformity information is located. This also touches on the question what obligations a distributor or trader of steel has, since this link in the chain has its own, more limited role that must not be confused with that of the importer.
A fourth pitfall: the product is resold under a proprietary brand or trade name, without consideration of whether this makes a party other than the original manufacturer responsible for the content of the product passport. Anyone who repackages or rebuilds steel and offers it under their own brand would be well advised to look into what changes when steel is sold under a proprietary brand.
A fifth situation arises when selling via a platform: the product enters from a third country and is offered directly via a marketplace, without clarity on who fulfils the importer role in this arrangement.
What you can document
- A written mandate of the authorised representative, as referred to in Article 28 of the ESPR, containing the name, address and the tasks which this representative carries out on behalf of the manufacturer.
- A fixed procedure for purchasing: for each new manufacturer outside the EU, it is checked whether there is a product passport and whether an authorised representative has been designated, before the first shipment leaves.
- An internal list or file with the name, trade name and contact address mentioned on each product or the associated documents, so that this does not have to be thought through each time.
- A fixed place for archiving copies of the product passport and the conformity information, including a retention period that matches the duration for which the platform hosts the passport.
- An arrangement regarding who within the company assesses whether there is reason to doubt the conformity of a shipment, and how the manufacturer and the supervisory authority are informed about this.
For companies wondering whether all of this can be done with existing personnel, or whether some of these tasks can be outsourced, there is a separate overview of hiring personnel or outsourcing the process. And because the question of who is responsible for what never stands alone, it is advisable to read this alongside the broader overview of who is responsible for the product passport for steel.
This is not legal advice. This page provides general information about the legislation that this platform deals with. We do not know 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 not right? Let us know — corrections are given priority.