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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Mutual recognition of goods lawfully marketed in another Member State

If consumer goods are marketed in conformity with the rules and regulations in Germany, it is also possible to market them in other EU states by means of a “declaration of mutual recognition”.

In March this year, the “Guidance document for the application of Regulation (EU) 2019/515 of the European Parliament and of the Council on the mutual recognition of goods lawfully marketed in another Member State” was published. It contains comments on (EU) Regulation 2019/515, which took effect last year. The objective of this Regulation is to allow goods that in certain aspects are not covered by any harmonised EU legislation and have been placed on the market in a first EU country to be marketed also in another EU Member State. Examples from the consumer product sector are consumer goods that meet national requirements applicable in Germany. If consumer goods are marketed in conformity with the rules and regulations in Germany, it is also possible to market them in other EU states by means of a “declaration of mutual recognition”. While the national authorities concerned may still carry out a product evaluation themselves, this must not be discriminatory.

It is always advisable, however, to obtain information on national product requirements before marketing one’s product in other EU Member States.

trade-e-bility supports you in researching national law specifics and will help you to evaluate market risks in this regard. 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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