My manufacturer is located outside the EU — who arranges the product passport then?

The importer in the EU is responsible, not the manufacturer itself

If the manufacturer is located outside the EU, responsibility for the digital product passport lies with the party placing the tyres on the EU market: usually the importer. That importer ensures that a digital product passport exists before the tyres are sold in the EU, and that this passport contains the data provided by the manufacturer. The manufacturer may additionally choose to appoint an authorised representative in the EU to perform part of these tasks on its behalf. In practice, this usually works as a collaboration: the manufacturer supplies the technical and material data, and the importer (or the authorised representative) ensures that this data is incorporated into a valid passport and that the QR data carrier is placed on the product or packaging.

Who this applies to, and what it does not

This subject concerns the allocation of roles when the tyre manufacturer is established outside the EU — that is, who arranges for the passport to be drawn up, not the content of the passport itself. It applies to importers bringing tyres from outside the EU onto the EU market, and to manufacturers outside the EU considering appointing an authorised representative. It does not apply to manufacturers already established within the EU: they remain responsible themselves, without involvement of an importer or representative. Nor does it address which specific data must be included in the passport or how the QR code must be affixed — this is regulated separately for each product category in a delegated act. And it does not address who is liable for incorrect data; that is a separate question that may vary from case to case.

This depends on a delegated act that does not yet exist

For tyres, there is no fixed date when this obligation takes effect. The ESPR work plan for 2025-2030 lists tyres as one of the product categories for which a delegated act is being prepared, with an expectation that it will be published in 2027. Only after publication of that act will it be established from which date tyres must actually have a digital product passport — the rule that an importer assumes that role in the case of a manufacturer outside the EU already stands in the ESPR itself, but only becomes relevant once the obligation for tyres takes effect. Until then, nothing changes in practice: there is no passport obligation and therefore no urgent need to formally appoint an importer or representative for this purpose now. As soon as the delegated act is published, the date will be stated here.

How this is approached in practice

An importer bringing tyres from a manufacturer outside the EU does well to first map out which party in the chain holds which data: the manufacturer typically knows the material composition and test results, the importer knows the EU-specific data such as the name and address of the responsible party. It is then practical to establish agreements on which party supplies the data, in what format, and who maintains its accuracy during the ten years the passport must remain available. A manufacturer preferring to retain control can appoint an authorised representative in the EU; that representative then takes over the tasks that would otherwise fall to the importer. For both routes, assembling the passport, hosting the data and providing the QR data carrier is practical work that can be outsourced, while responsibility for the accuracy of the source data remains with the manufacturer.

This is based on: Article 28 and Article 29 of the ESPR

Article 29 of the ESPR (Regulation (EU) 2024/1781) describes the obligations of importers, including ensuring that products they place on the EU market are provided with a product passport. Article 28 of the same regulation governs the possibility for manufacturers to appoint an authorised representative in the EU, who undertakes certain tasks on their behalf. Together, these articles determine the division of roles that applies once the product group tyres falls under a delegated act.

What to do now

If you already import tyres from a manufacturer outside the EU, you can now check what data the manufacturer has available and how internal data transfer is arranged — that work will be necessary anyway, regardless of the exact start date. For the current status of the delegated act and the date on which the obligation for tyres comes into force, the official ESPR text and the work plan of the European Commission remain the source to follow.

What this is based on

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

A manufacturer outside the EU is not directly subject to the ESPR — that regulation applies to parties within the EU. This does not eliminate the obligation, it shifts it. As soon as a tyre from a non-EU country is placed on the EU market, there is a package of obligations for whoever actually imports or represents that product. Who that is depends on how the relationship with the manufacturer is structured.

As an importer: assume the obligations of Article 29 of the ESPR

Whoever purchases tyres from a manufacturer outside the EU and places them on the EU market is considered an importer under Article 29 of the ESPR. This is a different role than simply being a "buyer" or "reseller" — the importer bears obligations that would otherwise rest with the manufacturer. For a company with 10 to 100 employees, this concretely means that someone within the organization must be responsible for checking whether the product passport is present with the tyres, is correct, and aligns with what is actually being imported — before the batch is released for sale. Whether a company falls into this role and what that concretely means is described on Am I an importer or manufacturer according to the ESPR?.

As an authorized representative: acting on behalf of the manufacturer

Another route is for the manufacturer outside the EU to appoint an authorized representative within the EU, as described in Article 28 of the ESPR. This representative acts on behalf of the manufacturer and can fulfill (part of) the obligations regarding the product passport on his behalf. This is a formal role: it is based on a written mandate, and the representative must be able to demonstrably act towards supervisory authorities. For a medium-sized company, this means that it must be clear in advance who fulfills this role — the organization itself, a wholesale partner, or a specialized service provider — and that this agreement must not be tacitly inferred from the cooperation.

Determining who has which role in the chain

For tyres that enter the EU through multiple links — manufacturer outside the EU, intermediary, wholesale, final seller — it is not always obvious who bears the importer role and who merely distributes. A distributor or trader has a lighter set of obligations than an importer, but must still check whether the passport is present; that distinction is explained on What obligations does a distributor or dealer of tyres have?. For companies that have tyres produced under their own brand by a manufacturer outside the EU, different considerations apply, because the brand itself already influences who is held responsible — see I sell tyres under my own brand — what obligations do I incur?.

Where things go wrong in practice

A number of situations recur with companies that source tyres from outside the EU:

The assumption that the manufacturer will handle the passport because they have the data anyway. The manufacturer outside the EU has no direct obligation under the ESPR; without an importer or authorized representative taking this on, there is no one to provide the passport within the EU.
Uncertainty about who in a chain of intermediaries bears the importer role. If three parties are involved in the import and no one has documented this in writing beforehand, a dispute arises when a supervisory authority asks about it.
An authorized representative agreed to orally but not documented anywhere. Without a written mandate, it is not demonstrable that this role was actually assigned and accepted.
Tyres appearing on an online marketplace through an intermediary, with the party managing the listing assuming that the platform operator or original manufacturer is responsible. What an online marketplace does and does not regulate is described on What does the product passport mean if I sell tyres through an online marketplace?.
It only becomes clear at customs during import that the passport is missing or does not align with the batch, while organizational responsibility for this should have been assigned much earlier in the process. How the passport relates to customs clearance is set out on must I show the product passport at customs when I import tyres.

What you can record

A written agreement with the manufacturer outside the EU clarifying who holds which role: importer, authorised representative, or both combined with one party.
For an authorised representative: a formal mandate, with name, contact details and the scope of the assignment — this is something a competent authority may request.
An internal procedure that establishes who within the organisation verifies that the product passport is present before a batch of tyres is released to the EU market.
Correspondence or contractual agreements with the manufacturer regarding which data are supplied for the passport, and in what form.
An overview of the supply chain — manufacturer, any intermediaries, importer — so that during an inspection it is quickly clear which party bears which obligation. A starting point for this is the general role allocation as described on Who is responsible for the digital product passport for tyres?.
Documentation of what has been agreed regarding liability if it later emerges that the manufacturer has supplied incorrect data — a matter that is elaborated further on who is liable if there is an error in the product passport data.

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.