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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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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Action plan against Temu and Shein

The action plan aims to ensure fair competitive conditions. According to a spokesperson for the Federal Ministry of Economics, the same regulations in areas such as product safety, environmental protection and consumer protection should apply to retailers from third countries, such as Temu and Shein, as to EU retailers.

As reported by capital.de, the Federal Ministry of Economics is planning an "e-commerce action plan" to take action against the practices of the "Chinese low-cost shops" Temu and Shein. These companies have been criticised for months, in particular for their extremely low prices, aggressive marketing strategies and questionable import practices (trade-e-bility reported). The German Retail Association HDE complained of "untenable conditions" and accused the two platforms of unfair competition, prompting politicians to take action.

The action plan aims to ensure fair competitive conditions. According to a spokesperson for the ministry, the same regulations in areas such as product safety, environmental protection and consumer protection should apply to retailers from third countries, such as Temu and Shein, as to EU retailers. Customs and tax regulations are also to be enforced more consistently.

The Ministry of Economic Affairs is currently examining measures and adjustments to existing regulations in order to address the problems. In recent months, talks have been held with the federal states, the EU Commission and the EU Parliament. State Secretary Sven Giegold met with representatives of Temu and Shein in June to discuss possible solutions.

Amid the criticism, Shein has received prominent support by hiring former EU Commissioner and former Prime Minister of Baden-Württemberg, Günther Oettinger, as an advisor. This development shows that companies are trying to prepare themselves for the growing political and regulatory attention.

Questions about product compliance? The trade-e-bility consulting team will be happy to help you via beratung@trade-e-bility.de or +49/40/750687-300.

take-e-way also offers EPR Product Compliance for marketplaces and fulfilment.

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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