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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Counterfeit CE markings on China export products

The German Federal Government points out that the “affixing of markings, signs or inscriptions whose meaning or form may be confused by third parties with the meaning or form of the CE marking” is prohibited by a regulation to that effect. Only products bearing a correctly depicted CE mark may be imported into the EU.

As reported by the Bundestag, the German Federal Government is aware of the problem of forged or inadmissible CE markings on Chinese export products. This evidently is a known problem and is regularly raised in dialogue with the Chinese authorities responsible, as explained in reply (19/28089) to a minor enquiry (19/27601) by the FDP parliamentary group. The Federal Government points out that the “affixing of markings, signs or inscriptions whose meaning or form may be confused by third parties with the meaning or form of the CE marking” is prohibited by a regulation to that effect.

Only products bearing a correctly depicted CE mark may be imported into the EU. Whether CE marks are falsified or unintentionally misdepicted is irrelevant as far as the customs authorities are concerned. Only if the CE mark complies with the legal requirements in terms of dimensions and size is it possible to enter the EU market.

Exporters from third countries as well as EU importers should obtain information in advance about the requirements that goods bearing the CE mark have to meet and how to implement the CE marking correctly.

trade-e-bility supports economic operators affected with marketability assessments of the documentation and labelling of their merchandise. The trade-e-bility consultants will be pleased to assist you. Please call +49/40/75068730-0 or send an e-mail 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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