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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Online market surveillance deletes offers

Radio-controlled sockets, energy-saving boxes, hand-held transmitters, radio remote controls, radio transmitters and inverters for balcony power stations are particularly affected. The intensive cooperation between the Federal Network Agency and customs ensures effective market surveillance. If non-compliant products are identified, they are stopped at the external border and do not reach the German market.

According to its own reports, the Federal Network Agency sanctioned more than 8,100 different types of devices in online and stationary retail in 2023, which corresponds to a total of more than 73 million units. These products did not fulfil the legal requirements and in some cases had significant defects. In 2023, the Federal Network Agency's online market surveillance alone identified more than 2,400 conspicuous offers and had them deleted from the sales platforms. This affected over 64 million devices.

The high figure is also the result of the consistently high number of non-compliant products, particularly from third countries. In 2023, a large number of products were found on new online platforms that had already been identified as conspicuous on established platforms in previous years. For example, around 260 offers of faulty energy-saving boxes were deleted from online marketplaces.

Devices with formal defects such as missing information on the EU Responsible Person and missing CE marking may not be offered for sale in Germany.

Another focus of online market surveillance was the review of hand-held transmitters and radio remote controls. Around 1 million offers of radio transmitters were cancelled as they operate in a security-relevant military frequency range.

The Federal Network Agency inspected almost 3,000 device types in the German retail sector. A total of 31 sales bans were issued and 1,006 requests to rectify defects were issued for non-compliant products. This affected over 8 million devices.

Among other things, inverters for balcony power plants were found to have both formal and metrological defects, some of which posed a high risk. The use of non-compliant inverters can lead to interference in the frequency ranges used by the police, fire brigade and emergency services.

The Federal Network Agency also inspected smart, radio-controlled sockets that may pose a risk to life and limb due to electric shock to live parts. Thanks to the cooperation between the Federal Network Agency and the responsible economic operators concerned, the products were recalled and production was halted.

In 2023, more than 5,100 suspicious consignments of goods were reported to the Federal Network Agency by customs. Around 92 per cent of these were suspicious and were not released for the European market. More than 860,000 products were affected by the import ban.

The intensive cooperation between the Federal Network Agency and customs ensures effective market surveillance. If non-compliant products are identified, they are stopped at the external border and do not reach the German market.

Further information on market surveillance by the Federal Network Agency and detailed statistics from 2023 can be found here: www.bundesnetzagentur.de/marktueberwachung

Be careful with letters from market surveillance: trade-e-bility can help you here. If you have any questions or problems with market surveillance, please call us on +49/40/750687-300 or write to beratung@trade-e-bility.de

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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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