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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Advertising with CE marking liable to admonition

As misleading advertising with self-evident facts, formulations such as “CE-tested” or “CE-certified” are anti-competitive according to Section 5 (1) sentence 2 no. 3 of the German Unfair Trading Act (UWG) and are liable to an admonition.

As our partner law firm IT Recht Kanzlei reports, the CE marking is a legally required signal element for electrical appliances, toys, medical devices, machinery, construction products and others according to Section 7 of the German Product Safety Act (ProdSG), which calls for compliance with existing legal requirements for safety, health and environmental protection. Without a CE marking, the products concerned are not marketable, i.e. they may not be traded on the internal EU market. The CE marking is not an official certification or the result of independent testing, but a self-declaration by the EU manufacturer, distributor or authorised representative that its products comply with the requirements of EU law. As misleading advertising activities with self-evident facts, formulations such as “CE-tested” or “CE-certified” are anti-competitive and liable to an admonition according to Section 5 (1) sentence 2 no. 3 of the German Unfair Trading Act (UWG) 

Whoever wants to know whether their own products meet the new requirements should quickly secure one of the coveted places at our Product Compliance webinar “Top 25 questions – How to stay compliant?”

Register now quickly here free of charge: https://www.trade-e-bility.de/academy/

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

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