I sell steel under my own brand — what obligations do I get?
Selling under your own brand makes you responsible as a manufacturer
Whoever places steel on the market under their own brand is, for the purposes of the ESPR, in most cases equated with the manufacturer — even if the material itself has been produced elsewhere. This means that the obligations that normally rest with the manufacturer then fall to the own-brand seller: ensuring that the product complies with the requirements applicable to that product group, and ensuring that the digital product passport exists and is correct. The underlying rationale is straightforward: the market must know who is accountable for a product, and that is whoever's name or brand appears on it.
For own brand, not for ordinary resale
This distinction is precisely what most questions are about. Whoever resells steel under the name and brand of the original manufacturer or importer remains, as a rule, a dealer or distributor — with their own obligations, but not those of the manufacturer. However, if someone places their own brand, trade mark or name on the product or the associated documentation, that picture shifts. Also, a substantial modification of a product already on the market — which effectively makes it a different product — can result in the person who does this being designated as a manufacturer. Merely repackaging, repacking or invoicing under their own name without changing the brand on the product itself is a different situation from genuinely placing it on the market under their own brand; where exactly the line lies between these cases is set out in the text of the regulation itself and cannot be captured in general terms.
No fixed entry date yet, but a clear roadmap
There is no date yet on which this obligation for steel and iron products will actually come into effect. What is established is the roadmap: the European Commission is developing the ESPR product group by product group through delegated acts, according to the work plan for the period 2025-2030. The first delegated act is expected in 2026, and obligations typically only become effective eighteen months after such an act is published. As soon as a delegated act for iron and steel has been published, the exact date will be stated here. Until then, there is no legal obligation to provide a digital product passport for this product group, and it is primarily relevant to understand now how the distribution of roles will look in the future.
How this works in practice
Whoever sells or plans to sell steel under their own brand would be well advised to first clarify whether their own situation falls under "manufacturer" according to the definition in the ESPR, and not under "distributor" or "importer" — that is the first question, as the follow-up steps differ significantly thereafter. If that is the case, the second step is to ascertain what data is needed to compile the passport: composition, origin, processing, and the data that the original producer or importer has already recorded. That data must come from somewhere, and if the own-brand seller is not itself the physical producer, that means in practice making agreements with the party that actually manufactures or imports the steel about the supply of that underlying information. The third step is to arrange the technical side: hosting the passport for the required period and a QR data carrier on or with the product — something a platform like this helps with, but which substantively starts with the question of who supplies which data. Whoever already sells under their own brand does not necessarily need to set up this process now, but can map out which chain partners have which data in advance, so that there is no delay once the obligation actually comes into effect.
Where this comes from: Article 27 of the ESPR
This allocation of roles follows from Article 27 of the ESPR (Regulation (EU) 2024/1781), which describes the obligations of manufacturers and regulates when another economic operator in the supply chain — such as someone placing a product on the market under their own name or brand — is considered a manufacturer for the purposes of the regulation. The precise conditions and exceptions are set out in the text of that article itself, which can be consulted via EUR-Lex.
If you are already selling steel under your own brand, it is best to start by asking your own suppliers what product data they record and whether they are willing to share that data as soon as it becomes necessary — this saves time when the obligation actually comes into effect.
What this is based on
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
What is expected of you
Selling steel under your own brand means, in the eyes of the ESPR, usually something different from simply "putting your logo on the packaging". Whoever attaches their name or brand to a product can thereby end up in the role of manufacturer — with the obligations that come with it under Article 27 of the ESPR (Regulation (EU) 2024/1781). Whether that is the case in a concrete situation depends on what actually happens to the product before it leaves the door under the own brand. am I importer or manufacturer according to the ESPR? goes deeper into that distinction. Below are the obligations that come with that manufacturer role, and what they mean in practice for a company with ten to one hundred employees.
Ensuring that the product meets the requirements
The manufacturer is responsible for ensuring that the product meets the requirements that apply to that product group, including the data that will soon have to be included in the digital product passport. For a steel trader or processor selling under its own brand, this means that putting the company's own name on the product is not optional: the origin and composition of the steel must be correct, even if the material itself comes from a supplier. A company of this size usually does not have its own laboratory, but does need someone to check and retain the technical documentation of the original producer before the own brand is applied.
Compiling and retaining technical documentation
There must be documentation showing that the product meets the requirements, and that documentation must be available for inspection. In practice, this comes down to a file per product group or per batch: certificates from the steel producer, composition data, and the underlying data for the product passport. For an SME, this is often the point at which it becomes clear that their own administration is not set up for product-by-product file management — something that can be addressed with a standard template per product line.
Having the product passport and conformity followed up
Whoever is considered a manufacturer is responsible for ensuring that the passport exists and is correct, even when its compilation is outsourced. Ferropas compiles the passport from the data supplied, but the responsibility for the accuracy of that data rests with the party acting as manufacturer. That distinction between "having it drawn up" and "being responsible" is precisely what who is responsible for the product passport for steel? goes into further.
Corrective measures in case of non-conformity
If it turns out that a product does not meet the requirements, the manufacturer is expected to take action — repair, recall or otherwise. For a company selling under its own brand, this means there must be a link between its own customer administration and the batch data of the original producer, so that a problem at the source can also be traced to its own customers.
Identification and accessibility
The manufacturer must state its name, registered trade name or brand and contact details on the product or accompanying documentation. This is administratively the lightest obligation, but one that is often overlooked with smaller batches or when selling through an intermediary — what does the product passport mean if I sell steel via an online marketplace? describes a similar situation in which the traceability of the seller is at stake.
Where things go wrong in practice
A trader has steel plates supplied by an importer, sticks its own label on them and sells them under its own article number — without realizing that this can bring with it the manufacturer role, not that of distributor.
A processor slightly processes supplied steel (cutting to size, coating) and sells it under its own brand, while the underlying composition data from the original producer was never requested or retained.
A company assumes that the supplier "will sort out the passport", while the supplier only supplies to resellers and itself has no end-customer relationship or brand responsibility.
In a private-label deal, it is agreed verbally who supplies which part of the documentation, but in the event of a complaint afterwards, it is no longer possible to trace who checked which data.
A company sells the same own-brand product both through its own wholesaler and via an external marketplace, and treats both channels as identical — while the obligations per sales channel may differ.
What you can document
- A supplier agreement stating who supplies the technical documentation and composition data, and who checks it before the own brand is added.
- An internal file per product line with certificates, test results and the data that appear in the product passport.
- A fixed procedure for submitting data to Ferropas, so that the passport is always compiled and checked in the same way.
- Agreements on liability between the original manufacturer and the party selling under its own brand, in case incorrect data end up in the passport — a subject that is further elaborated in who is liable if there is incorrect data in the product passport.
- An overview of own staff capacity for these tasks, or a decision to outsource — something that is discussed further in do I need extra staff for the product passport or can I outsource it.
- A procedure in case of non-conformity: who contacts which customer, and what data are needed for this.
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.