Am I an importer or manufacturer according to the ESPR?
A manufacturer is whoever designs and places on the market; an importer is whoever imports from outside the EU
In short: whoever designs a tyre or has it produced and places it on the European Union market under their own name or brand is considered a manufacturer under the ESPR. Whoever places on the EU market a tyre that has already been made outside the EU is considered an importer. The physical production location is not decisive, but rather who is responsible for placing it on the market: under whose name the product appears, and from where it enters the EU. A company that has tyres made at a factory outside the EU and sells them in the Netherlands under its own brand name counts in practice as a manufacturer, even if there is no production equipment at its own location. A company that buys ready-made tyres from a foreign producer and places them on the EU market without its own brand counts more as an importer. The ESPR describes a separate set of obligations for both roles: Article 27 for manufacturers, Article 29 for importers.
For whom this distinction applies, and for whom it does not
This distinction applies to every party that places tyres on the EU market for the first time or is responsible for doing so: the party that bears the brand, has it produced, or imports it from a country outside the EU. It does not apply to parties that only resell tyres already traded within the EU without importing them themselves or carrying them under their own name; these typically fall under a different link in the chain, such as a distributor, with its own obligations that are not addressed here. Likewise, a fleet manager who purchases tyres for its own vehicles is not a manufacturer or importer within the meaning of the ESPR, as long as those tyres have already been placed on the EU market by someone else. A wholesaler that exclusively redistributes tyres already traded within the EU does not automatically fall under manufacturer or importer either. What matters is: does it concern the first moment a tyre enters the EU market, and under whose name does that happen.
No fixed date yet, but a fixed framework
There is no final date yet on which the obligation to provide a digital product passport for tyres takes effect. That date will be determined by a delegated act that is being drawn up specifically for tyres within the ESPR work plan for 2025–2030; that act is expected before 2027. Until that act is published and enters into force, the existing rules apply to tyres, not the new passport obligation. What is already established is the distinction between manufacturer and importer itself: this follows from the structure of the ESPR as a whole and will not change, regardless of when the delegated act for tyres takes effect. Anyone who now determines which role applies does not need to do so again after that act is published.
How the role determination works in practice
The first step is to check under what name the tyre is placed on the market: is it your own brand, or someone else's brand. If the tyre bears your own brand, that points towards manufacturer, even if production is outsourced. The second step is to check where the tyre comes from: is it already produced and traded within the EU, or does it come directly from outside the EU. Whoever is the first party to bring the tyre from a third country onto the EU market falls under the importer obligations, even if someone else's brand is on it. The third step is to check whether there are multiple links between manufacturing and sale: in a long chain of producer, importer and distributor it may occur that one party fulfils multiple roles at the same time, for example when an importer also carries the tyre under its own brand. In that case the obligations of both roles apply alongside each other. Anyone who is uncertain whether their own situation falls under manufacturer, importer, or another link in the chain, is best advised to map out their position in the chain using these two questions: whose brand is it, and from where does the tyre enter the EU.
The legal basis: Article 27 and Article 29 of the ESPR
The distinction between manufacturer and importer follows from the design of the ESPR (Regulation (EU) 2024/1781), which describes separate obligations for both roles. Article 27 sets out the obligations of manufacturers, Article 29 those of importers. From the nature of the obligations described there - such as drawing up and keeping available technical documentation, and ensuring that a product placed on the EU market meets the requirements - it is clear which party in a given link of the chain is addressed: the one who designs the product, has it manufactured and places it on the market under its own name, or the one who imports it from a third country.
What to do now
Anyone wishing to know which role applies should first map out their own position in the chain: is their own brand on the tyre, and does it come directly from outside the EU. For the precise wording of the obligations that apply to each role, the full text of Article 27 and Article 29 of the ESPR is the appropriate source; the locations are listed below.
What this is based on
- Regulation (EU) 2024/1781 (ESPR), Article 27 (obligations of manufacturers)
- Regulation (EU) 2024/1781 (ESPR), Article 29 (obligations of importers)
The regulation itself is available on EUR-Lex. We provide references per statement; you do not have to take our word for it.
What you must do concretely
What is expected of you
The ESPR draws a distinction between a manufacturer and an importer, and that distinction is not optional: it determines which article applies to your company. A manufacturer is, in short, whoever designs or arranges for the production of tyres and places them on the market under his own name or brand. An importer is whoever places tyres from a country outside the EU on the EU market for the first time. Whoever does not themselves produce but is the first party to import tyres from a third country falls generally into the second category — even if nothing else is changed to the product.
If you are a manufacturer
Article 27 of the ESPR (Regulation (EU) 2024/1781) places the heaviest set of obligations on the manufacturer. That makes sense: the manufacturer has the most knowledge about the product and its production. For a company of 10 to 100 employees, this means in practice that someone within the organisation must be responsible for compiling and keeping up to date the technical information that goes into the product passport — material composition, performance data, origin of components. This is not a one-time action upon launch of a new tyre model, but an ongoing task: if the composition or production process changes, the content of the passport may change too.
If you are an importer
Article 29 of the ESPR (Regulation (EU) 2024/1781) places a controlling role on the importer: to verify that the manufacturer outside the EU has met its obligations, and that the product passport is actually there and correct. For an importer of 10 to 100 employees, this typically amounts to a procurement process in which the product passport becomes a fixed control point, alongside for example CE marking or other import documents. The importer does not create the passport itself, but does bear responsibility for ensuring it is there before the tyres reach the EU market. What that concretely means when the manufacturer is outside the EU is set out on the page my manufacturer is outside the EU — who arranges the product passport then?.
When the role is not immediately clear
Some companies do not fall obviously into one category. A wholesaler who has tyres produced under its own brand name often takes on the role of manufacturer in doing so, even without owning its own factory. This is set out on the page I sell tyres under my own brand — what obligations do I get?. An acquisition or merger can also make the question "who is now manufacturer or importer" relevant again, especially if brand names or legal entities change in the process — see what happens to existing product passports if my company is taken over.
Where things go wrong in practice
A number of situations come up repeatedly in practice.
A company has tyres produced in a factory outside the EU, under a brand name that the company itself has had registered. They assume they are an "importer" because the product is in fact being imported — whereas the role of manufacturer arises precisely from the use of the own brand name.
A wholesaler purchases tyres from a European intermediary trader and therefore assumes it is not an importer, because the tyres "were already in the EU". Whoever is the first party actually to place the tyres on the EU market from a third country is the one to whom article 29 of the ESPR applies — not automatically whoever first trades in them as an EU party.
A company changes role after a reorganisation: where previously a sister company outside the EU was considered the manufacturer, production is now directed from the Dutch establishment. The obligations shift with it, but internal documentation and responsibilities are not adjusted.
An importer assumes that checking the product passport is a one-time check when the first contract is signed, whereas article 29 describes an ongoing responsibility that also applies to subsequent deliveries and changed product specifications.
A company thinks the problem is solved once "a passport is there", without being clear on who within its own chain is responsible for it. This relates to the broader question who is responsible for the product passport of tyres?, where the role allocation between manufacturer, importer, distributor and dealer is explained further.
What you can record
For companies that want to be able to demonstrate which role they assume and how they fulfil it, it is practical to document a number of matters in writing:
- An internal role determination: a brief document stating on what facts the company considers itself a manufacturer or importer, including the underlying purchasing or production agreements.
- Contractual agreements with the manufacturer or supplier about who supplies which data for the product passport, and within which data set this takes place.
- A purchasing checklist, in which the product passport is included as a fixed control point alongside other input documentation — relevant for those acting as an importer.
- An overview of brand names and legal entities used by the company, kept up to date with any changes, so that in case of doubt it can quickly be traced which role applies to which product.
- A documented procedure for changes, so that adjustments in composition, production process or suppliers are also reflected in the product passport.
Those who wonder whether these obligations apply to their own tyres in any case will find the basis for this on the page does the digital product passport apply to my tyres?. These records do not end the discussion on role allocation, but they do give a company a starting point to fall back on once the question 'manufacturer or importer' becomes concrete — for example during an inspection, a dispute with a supplier, or a change in the supply chain.
This is not legal advice. This page provides general information about the legislation that this platform concerns. 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 incorrect? Let us know — corrections are given priority.