New registration obligation for packaging in Spain

The Spanish packaging law obliges producers to register their packaging. Distributors from abroad must also register through an authorised representative if they sell packaged products in Spain.

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Document titled GPSR with a magnifying glass placed over a warning sign
General Product Safety Regulation (EU) 2023/988 obliges
GPSR Risk Analysis Required

Mandatory for almost every product: According to the GPSR, producers must draw up technical documentation for the products they place on the market. The technical documentation must be based on an internal risk analysis.

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General Product Safety Regulation requires Responsible Person
EU Responsible Person Service for the GPSR and more

Since 16 July 2021, it is against the law to sell products with CE marking without a Responsible Person in the EU. In addition, a Responsible Person must also be specified in accordance with the General Product Safety Regulation (EU) 2023/988.

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35 per cent of all admonitions are due to incorrect product labelling

As the Händlerbund recently reported, in May of this year more than 35 percent of all admonitions were due to incorrect product labelling. Advertising claims that suggest a use of the product that is not intended by law or that cannot be substantiated are likewise prohibited. Not only may violations be punished by the market surveillance authorities; they can also provide an advantage over market participants who comply with the relevant legislation. If so, then this is the reason for admonitions under the Unfair Competition Act (UWG).

As the Händlerbund recently reported, in May of this year more than 35 percent of all admonitions were due to incorrect product labelling. Either warnings were missing or unlawful advertising claims were made about the product. EU product legislation defines which warnings must be given depending on the intended use and classification of the product. Advertising claims that suggest a use of the product that is not intended by law or that cannot be substantiated are likewise prohibited. Not only may violations be punished by the market surveillance authorities; they can also provide an advantage over market participants who comply with the relevant legislation. If so, then this is the reason for admonitions under the Unfair Competition Act (UWG).

Economic operators responsible for products, such as importers or fulfilment service providers, should ensure that their products are labelled in conformity with the legislation in force and that product advertising is also coordinated accordingly.

trade-e-bility advises its customers on how to label products correctly and also checks the product presentation and advertising of products in brochures and online shops.

Should you wish to register as a producer of WEEE, batteries, packaging, textiles or furniture, please do not hesitate to contact our Consulting Department via beratung@take-e-way.de or +49/40/750687-0.

For more in-depth advice on product labelling requirements, please contact us via beratung@trade-e-bility.de +49/40/75068730-0.

For more information on our international compliance services related to the placing on the market of electronic equipment, batteries/accumulators and packaged products or packaging, please click here: https://www.take-e-way.com/international-compliance/

Sebastian Siebert
Contact

Sebastian Siebert
Head of Advisory services

Phone: +49 40 750687-0

beratung@take-e-way.de

Christoph Brellinger
Contact

Christoph Brellinger
Head of Marketing & Public Relations

Phone: +49 40 750687-0

presse@take-e-way.de

Services & Contact
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