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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Have products tested quickly by June

Free riders benefit from low costs because they sell unregistered goods and ignore product compliance? Not for very much longer. As early as June, Amazon will deactivate anyone who cannot show a WEEE registration. Product compliance dashboards have already been set up. Whoever invests in conformity now will be among the new market makers.

As experienced traders regularly tell us, it has long been known that non-compliance of products is always more expensive than the comparatively low cost of compliance for the individual product. A simple mathematical comparison shows that the supposedly low probability of enforcement by the authorities multiplied by the costs of, for example, a product recall or a customs suspension, generally lead to higher absolute costs than the comparatively small amounts in cents that product conformity costs per individual product in the large mass. Not to mention loss of reputation and damage to image in the event of actual personal injury. And which trader seriously wants to risk that people, especially children, are harmed by his products?

Nevertheless, what has frustrated many of our customers for years are the masses of free riders from third countries who simply ignore all the rules of product safety and legality and profit from lower costs in the process. In addition, consumers like to reach out for low-priced products due to the sharp rise in prices.

So it’s boom time for free riders? Not from the point of view of the e-systems group. After all, the EU is increasingly holding online marketplaces responsible for enforcing the law, which can hardly be done by the authorities, and they themselves are liable if they do not prevent non-compliant trade. The rush to the German packaging register on 1 July 2022 has impressively shown that this instrument works: If the marketplace only allows the offer if there is proof of the required registration, even eager and busy sellers from third countries will get into trouble.

This principle is continued in the Electrical and Electronic Equipment Act (WEEE Germany) as of 1 July 2023. Amazon has already demanded proof of WEEE registration from its sellers by 5 June 2023 (as reported by take-e-way). And for other product compliance issues, verification mechanisms such as Product Compliance Dashboards and requirements for product descriptions and photos of product and packaging labels are already in the pipeline.

From now on, those who do not suddenly become free riders themselves belong to the new market makers. This can happen quickly if, for example, own products are wrongly labelled or do not fulfil requirements that are not yet known to the seller. take-e-way and trade-e-bility offer numerous free webinars to inform about product compliance.

Whoever wants to know by June 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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