Under ESPR (the EU's Ecodesign for Sustainable Products Regulation), an economic operator is any manufacturer, authorised representative, importer, distributor, dealer, or fulfilment service provider involved in placing a product on the EU market. If you place, import, distribute, or sell a regulated product in the EU, the regulation gives you one of these roles, each with its own legal duties. Confusing the roles can leave the wrong party accountable for a compliance gap, or hold a shipment up at customs before it ever reaches a shelf.
Here's exactly who's responsible for what, including when an importer or distributor can be treated as the manufacturer, and who's on the hook for the Digital Product Passport.
What is an economic operator under ESPR?
According to Regulation (EU) 2024/1781, Article 2(46): "the manufacturer, the authorised representative, the importer, the distributor, the dealer and the fulfilment service provider"
- Six defined roles, no catch-all category
- ESPR defines six categories of economic operator. Other actors, such as online marketplaces, sit outside this list but still carry separate obligations under Article 35.
The six roles, defined
Manufacturer
Definition (Art. 2(42)): Designs or has a product designed/manufactured, and markets it under their own name or trademark.
Owes:
- Meets performance requirements before market entry
- Creates and maintains the Digital Product Passport (DPP)
- Runs conformity assessment
- Draws up EU declaration of conformity
- Affixes CE marking
- Keeps technical documentation for 10 years
Authorised representative
Definition (Art. 2(43)): EU-established person with a written mandate from the manufacturer to act on their behalf.
Owes:
- Holds documentation on the manufacturer's behalf
- Liaises with market surveillance authorities
- Responds to information requests within 15 days
- Cannot cover the manufacturer's core obligations or technical documentation
Importer
Definition (Art. 2(44)): EU-established person who places a non-EU product on the Union market.
Owes:
- Verifies manufacturer compliance before market entry
- Confirms DPP and required information are in place
- Holds back non-compliant products
Distributor
Definition (Art. 2(45)): Anyone in the supply chain (other than manufacturer/importer) who makes a product available.
Owes:
- Due-care checks: CE marking, labelling, DPP links, documentation
- Pauses distribution if something looks non-compliant
Dealer
Definition (Art. 2(55)): Offers products for sale, hire, or hire purchase, or displays them to end users, including online.
Owes:
- Ensures customers can access the DPP
- Displays labels clearly, every time the product is offered
Fulfilment service provider
Definition: Not defined in ESPR, imported from Regulation (EU) 2019/1020, Art. 3(11): offers warehousing, packaging, addressing, or dispatching without owning the product.
Owes:
- Handling doesn't compromise the product's compliance
Quick-reference table
| Role |
Must be EU-established? |
Creates DPP? |
Core obligations |
DPP-specific citation |
| Manufacturer |
Not required by definition
Art. 2(42)
|
Yes
|
Art. 27(1)–(2)
|
Art. 27(1)(c)
|
| Authorised representative |
Yes
Art. 2(43)
|
No
|
Art. 28(1)–(2)
|
— (no DPP role)
|
| Importer |
Yes
Art. 2(44)
|
Only if manufacturer isn't EU-based
|
Art. 29(1)–(2)
|
Art. 29(2)(c)
|
| Distributor |
Not required by definition
Art. 2(45)
|
No, verifies only
|
Art. 30(1)–(2)
|
Art. 30(2)(a)
|
| Dealer |
Not required by definition
Art. 2(55)
|
No, provides access
|
Art. 31(1)–(2)
|
Art. 31(2)
|
| Fulfilment provider |
Not required
2019/1020, Art. 3(11)
|
No
|
Art. 33
|
— (no DPP role)
|
Note: DPP obligations only apply once a delegated act has been adopted for that specific product category under Article 4. Not every product group is covered yet, check the applicable delegated act before assuming a DPP is required.
When does an importer or distributor become the manufacturer?
Under Article 34, an importer or distributor takes on full manufacturer obligations if it:
- Places a product on the market under its own name or trademark, or
- Modifies a product in a way that affects its compliance
Common triggers: private-label products, post-import rebranding, or reworking.
Who holds the Digital Product Passport?
- Creates it: the manufacturer, or the importer if the manufacturer isn't EU-based, once a delegated act requires a DPP for that product category (Art. 9(1), 27(1)(c), 29(2)(c))
- Backs it up: an independent third-party DPP service provider (Art. 2(32)), required so the passport survives insolvency or market exit (Art. 10(4))
- Provides access to it: dealers, who must make the DPP reachable to customers before a sale, including distance sales (Art. 31(2))
What happens if something goes wrong?
| Role |
Trigger |
Required action |
Citation |
|
Manufacturer
|
Suspects non-compliance of a product already placed on the market
|
Correct, withdraw, or recall without undue delay + notify authorities immediately
|
Art. 27(8)
|
|
Importer
|
Suspects non-compliance of a product already placed on the market
|
Same as manufacturer: correct, withdraw, or recall + notify authorities immediately
|
Art. 29(6)
|
|
Distributor
|
Suspects non-compliance of a product already made available
|
Ensure corrective action is taken + inform authorities of suspected non-compliance
|
Art. 30(4)
|
|
Authorised representative
|
Any measures taken regarding non-compliance of products under its mandate
|
Cooperate with competent national authorities
|
Art. 28(2)(b)
|
|
All roles
|
Reasoned request from a competent national authority for conformity documentation
|
Respond within 15 days, in paper or electronic form
|
Art. 27(10), Art. 28(2)(c), Art. 29(8), Art. 30(5)
|
How DigiProd Pass fits in
Whatever your role- manufacturer, importer, distributor, or dealer- compliance converges on getting the Digital Product Passport right. DigiProd Pass helps businesses across the value chain create, manage, and maintain compliant DPPs, so the right data reaches the right actors at the right time.
Conclusion
ESPR spreads compliance across six defined roles. Knowing exactly where your business sits avoids gaps, delays, and liability as delegated acts roll out product by product.
Can a distributor become a manufacturer under ESPR?
Yes. Under
Article 34,
a distributor can be considered a manufacturer if it places a product
on the market under its own name or trademark, or modifies the product
in a way that affects compliance.
Who creates the Digital Product Passport?
The operator placing the product on the market usually creates the
Digital Product Passport. This is generally the manufacturer, or the
importer where the manufacturer is not EU-based.
Who updates the Digital Product Passport?
This depends on the applicable delegated act, which specifies who
may update particular information within the passport
Art. 9(2)(g).
The operator responsible for creating the passport will usually
retain primary responsibility.
What if my authorised representative gets it wrong?
The manufacturer remains responsible. Article 28(2)(d) works in the
other direction: it allows the authorised representative to terminate
the mandate if the manufacturer acts contrary to its obligations,
rather than transferring the manufacturer's responsibility to the
representative.
Art. 28(2)(d)
Do online marketplaces have obligations under ESPR?
Yes. Online marketplaces have obligations under
Article 35,
although they are not classified as economic operators. Their duties
include providing a single contact point for market surveillance
authorities and acting on orders relating to non-compliant product
listings.
Sources
Regulation (EU) 2024/1781 (ESPR)
Regulation (EU) 2019/1020 (Market Surveillance Regulation)
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