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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The end of no-name batteries

Since 18 August 2024, importers of batteries must affix their data to imported batteries in accordance with the EU Batteries Regulation. Retailers are obliged to check the labelling, for example. The same obligations also apply to batteries or accumulators installed in electrical appliances.

As trade-e-bility reported, since 18 August 2024, all batteries placed on the market in the European Union must bear a CE mark, among other things. In addition, a declaration of conformity and a risk analysis will also be mandatory for the responsible market participants from this date.

As an importer of batteries, you have been obliged to affix your data to the battery since 18 August 2024 in accordance with Article 41 (3) of the EU Batteries Regulation (EU-BattVO) for imported batteries.

According to Article 42 of the EU BattVO, for example, sellers are obliged to check the labelling. As soon as the dealer role is assumed, the legislator requires appropriate checks. If the battery is not correctly labelled, full responsibility may fall on the distributor, depending on the case, with all the obligations of the producer, manufacturer or importer. The distributor may not make the batteries available on the market if they are not correctly labelled until conformity has been established. If a distributor considers or has reason to believe that a battery does not comply with Articles 6 to 10 or 12, 13 or 14 of the EU Batteries Regulation, he shall not make it available on the market until it has been brought into conformity. If the battery presents a risk, the distributor shall also inform the producer or importer and the market surveillance authorities.

The same obligations also apply to batteries/accumulators installed in an electrical appliance. Special care must be taken here, as the battery or accumulator used extends the requirements for the electrical product by the Batteries Regulation.

Many producers and sellers of batteries use the support of trade-e-bility, e.g. for correct labelling, as they have producer obligations in the European Union as importers or “quasi-producers”. trade-e-bility can support you throughout the entire process. The necessary risk analysis can be prepared at the beginning. The existing technical documentation and labelling can then be examined for any compliance gaps as part of a marketability test. A declaration of conformity can then be prepared by trade-e-bility. The requirements and results are subsequently discussed so that you receive comprehensive information about the measures required to ensure conformity. The same procedure is also possible for products with built-in batteries/accumulators, so that both products are checked for conformity and you receive comprehensive advice.

The trade-e-bility consulting team will be happy to answer your questions: +4940750687300 or beratung@trade-e-bility.de 

Contact us now!

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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