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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Personal EU Batteries Regulation Training
Ready for the new Batteries Regulation (EU) 2023/1542

Find out which obligations the EU Batteries Regulation places on you and how to deal with them in your specific case. Receive comprehensive information on how to implement your obligations with regard to labelling, battery passport, EPR and due diligence obligations in the supply chain.

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Caution, market surveillance

If you have received a hearing letter from a market surveillance authority, your company may face serious legal consequences.

As reported by anwalt.de, market surveillance (e.g. Product Safety Act) extends to include stationary trade (offline trade) as well as online trade along with the inspection of goods in shops, supermarkets and other physical points of sale, through spot checks or indications of defective or dangerous products, for instance. In this way, market surveillance can carry out its checks on the basis of product descriptions, labelling, certificates, online evaluations or customer complaints.

According to anwalt.de, the focus can be on meeting the following requirements:

  • The German Electrical and Electronic Equipment Act (ElektroG/WEEE Germany)
  • Batteries Act
  • REACh
  • Electromagnetic compatibility (EMC)
  • Energy-related products
  • Radio equipment (e.g. mobile phones)
  • Tobacco products (e.g., e-cigarettes)
  • Product labelling
  • Packaging labelling

According to our own experience, however, this list is not exhaustive. Although there are focal points, no legislation can be ruled out altogether in this context. In order to test the products, the market surveillance authority may ask you to provide technical documentation, certificates, declarations of conformity or the product itself. In the event of a violation, the authority in question will point this out and order measures to ensure compliance with the regulations. Companies receive a Hearing sheet in advance. This is the basis for issuing an administrative act. The market surveillance authority may also impose sanctions or fines or take further legal action to enforce compliance. This can have far-reaching implications for your company. Accordingly, you should take letters from the market surveillance authority seriously and respond promptly and correctly.

This is where trade-e-bility can help you. If you have any questions or problems with the market surveillance authorities, please call us on +49/40/750687-300 or write to beratung@trade-e-bility.de.

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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