Am I an importer or manufacturer according to the ESPR?

Whoever bears the brand is generally the manufacturer

What matters is not who physically makes the mattress, but under whose name or brand the mattress is placed on the market. Whoever manufactures a mattress, or has it manufactured by a third party, and then sells that mattress under their own name or brand, is considered a manufacturer under the ESPR — even if the production itself takes place elsewhere. Whoever is established in the EU and places a mattress on the European market bearing the brand of a manufacturer outside the EU is considered an importer. The distinction therefore hinges on two questions: whose brand is on the mattress, and where is the party that places the mattress on the market established.

For whom this distinction applies, and for whom it does not

This distinction applies to any party that places a mattress on the European market for the first time: mattress manufacturers that produce themselves, private-label parties that have it produced, and companies that import mattresses from outside the EU. It does not apply to those who merely resell a mattress under another party's brand without changing anything themselves or putting their own name on it — that party is a distributor or reseller, a separate role with its own obligations that are not at issue here. A bedding specialist shop that sells mattresses from a manufacturer under that manufacturer's own brand is therefore usually not a manufacturer or importer in the sense of the ESPR, even if that shop itself orders the mattresses from a supplier outside the EU and has them delivered — in that case, the party that bears the brand and places the mattress on the EU market for the first time is usually the importer, not the shop that subsequently sells it. Hotel purchasing that acquires mattresses for its own use, without further trading them, is likewise not covered: it is buying a product that has already been placed on the market.

When this will apply to mattresses

For mattresses, the date on which these obligations will take effect is not yet fixed. The ESPR itself (Regulation (EU) 2024/1781) is the framework; what specific requirements will apply to mattresses and from when will be laid down in a product-specific delegated act. For mattresses, that act is, according to the Commission's work plan for 2025-2030, expected in 2028. Until that act is published and the date stated in it has passed, the obligations under Article 27 and Article 29 do not yet apply specifically to mattresses. As soon as the date is fixed, it will be stated here.

How to work this out in practice

Those who want to know which role applies start with the brand: if the mattress, packaging or label bears the company's own name or brand, that points to manufacturer, even if production has been outsourced. If it bears another party's brand, the next question is where that other party is established: outside the EU, then the party placing the mattress on the market in the EU is presumably the importer. After that, it is important to establish who places a mattress on the European market for the first time — that is usually the moment when the role of manufacturer or importer arises, not every subsequent selling moment in the chain. For parties uncertain between manufacturer and importer, for example because production, brand and sales are spread across multiple entities within a group, it is advisable to compare their own situation against the definitions and obligations in Article 27 and Article 29 of the ESPR, and where necessary consult the official text before assigning a role.

What this is based on: Article 27 and Article 29 of the ESPR

Article 27 of Regulation (EU) 2024/1781 describes the obligations that apply to anyone who manufactures a product or has it manufactured and places it on the market under their own name or brand — the manufacturer. Article 29 describes the obligations that apply to anyone established in the EU who places on the market a product originating from a manufacturer outside the EU — the importer. Both articles thus build on the common division in European product law, in which it is not the place of manufacture but the brand and the place of establishment that determine which obligations apply to whom.

Anyone wishing to determine for their own mattresses whether the role of manufacturer or importer applies can best do so on the basis of their own brand use and the place of establishment of the parties in the chain, and verify the outcome against the text of Article 27 and Article 29 via the link below.

Where this is based on

The regulation itself is on EUR-Lex. We provide references per statement; you do not have to take our word for it.

What you concretely must do

The ESPR makes a clear distinction between the manufacturer and the importer of a mattress, and that distinction determines which article applies: Article 27 for manufacturers, Article 29 for importers. Who has which role can usually be quickly determined by answering one simple question: where is the mattress being sold produced? If the mattress is produced within the EU — by the company itself or on commission — then it is a matter of manufacturership. If the mattress is made outside the EU and brought into the EU by the company itself, then it is a matter of importership. In practice, the situation is often less clear-cut than that question suggests, particularly for companies that both produce themselves and source from parties outside the EU.

What is expected of you

As a manufacturer: responsibility for the content of the product passport

Article 27 of the ESPR places responsibility for the accuracy and completeness of the digital product passport with the manufacturer. For a mattress manufacturer with 10 to 100 employees, this means that technical data on materials, composition and origin must be available internally and can be transferred to the party compiling the passport. This requires a fixed point of contact within the company — often someone from quality or product development — who knows which foam type, which filling and which cover are in a particular model, and who can substantiate this to the party compiling and hosting the passport.

As a manufacturer: ensuring the passport exists before the product reaches the market

The obligation extends to the moment of placing on the market: the passport must be there before the mattress is sold, not added afterwards. For a company working with bed specialist retailers, this means that the planning of a new collection must take into account the time needed to compile the passport and link it to the QR data carrier on the mattress.

As an importer: verifying that the manufacturer has done their part

Article 29 of the ESPR places a controlling role on the importer. Whoever brings mattresses from a manufacturer outside the EU onto the European market must check whether a valid product passport exists, and must not simply assume that this is in order. This is a different obligation from that of the manufacturer: the importer does not themselves compile the content of the passport, but must be able to demonstrate that it has been checked whether the passport is present and correctly linked. For an importing company, this means in practice that with every new supplier or new model, proof of the passport must be requested before the first shipment enters the EU.

As an importer: adding your own data where necessary

In addition to the controlling role, an additional obligation may arise for the importer to make their own company data — such as name and contact details — known in connection with the product. This is a different obligation from compiling the technical content of the passport, which remains with the manufacturer. The question who is responsible for the product passport of mattresses? goes deeper into how that responsibility is divided between parties.

Where things go wrong in practice

A company buys mattresses from a factory in Turkey or China and sells them under its own brand name in the Netherlands. It is assumed that the role of 'ordinary' seller is sufficient, whereas in fact importership exists once the company itself brings the products into the EU.

Another scenario: a Dutch manufacturer has part of the production carried out by a third party outside the EU, but remains responsible for design and formulation. Here, ambiguity arises as to who is actually the manufacturer within the meaning of the ESPR — the company that holds the brand, or the party that physically produces the mattress. This situation is explored further in the question who is responsible for the passport if I have mattresses made under my own brand.

A third situation arises with companies that have mattresses produced under their own brand by an external manufacturer, and assume that the manufacturer automatically takes over all ESPR obligations. This is not necessarily the case; the division of obligations depends on the contractual arrangements and on who is actually designated as the manufacturer. See selling under own brand — what obligations do I have?

A fourth situation: an importer receives a QR code or product passport from a manufacturer outside the EU, but does not verify whether the content actually matches the delivered product. Upon later inspection, the link between the product passport and the physical product turns out not to match, while the importer assumed this was "the factory's responsibility".

A fifth situation occurs with companies that both produce themselves and import, depending on the model or collection. Without an internal overview of which role applies to which product, there is a risk that for one mattress the obligations of Article 27 apply and for another those of Article 29, without this distinction being documented anywhere.

What you can record

An overview per product line or model of where production takes place, so that it is clear which role — manufacturer or importer — applies.
Contractual arrangements with the external manufacturer or producer regarding who supplies the technical data for the product passport and who guarantees its accuracy.
A fixed internal process for checking the presence and content of a product passport with each new delivery from outside the EU, including who within the company performs that check.
A file per model with the underlying material data, so that if there is a change in foam or filling, it is clear which data need to be updated — see also do I need to update the product passport if I change the foam or filling
Contact details and points of contact of the manufacturer outside the EU, in case further substantiation of product passport data is needed; relevant to the question my manufacturer is outside the EU — who arranges the product passport then?
Templates for internal responsibility allocation, so that during staff changes it remains clear who within the company fulfils which role in the process surrounding the product passport.

This is not legal advice. This page provides general information about the legislation 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 wrong? Let us know — corrections are given priority.