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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Professional packaging in Luxembourg

The registration obligation now also applies to producers of professional packaging. Professional packaging is defined as all types of packaging that are disposed of by commercial end users.

Companies that place household packaging on the market in Luxembourg have been obligated to register as producers in Luxembourg for a long time. Now, this obligation also applies to producers of professional packaging. If you bring professional packaging onto the market, this article will be of specific interest for you. 

New obligation regarding professional packaging (B2B) 
 
Professional packaging is considered in scope of the packaging law from the year 2024 onwards. That means, producers of professional packaging must register as such and join a take-back scheme in Luxembourg. The advance disposal contributions to be paid have not yet been published. The first quantities will be reported in the course of registration for 2024. 

What is considered professional packaging? 
 
Professional packaging is defined as all types of packaging that are disposed of by commercial end users. For example, if you sell products to a supermarket, the packaging is forwarded for recycling to the supermarket and therefore falls within the scope of the Packaging Act. As a supplier to the supermarket, you must register as a producer of packaging and report these quantities.  

As far as we know by now, reporting is based on the weight of the materials and the following materials fall within the scope of the law: 

  • Metal 
  • Cardboard 
  • Plastics 
  • Wood 

Please note this is preliminary information and that final adjustments, especially with regard to prices and categories, can be expected. 

If you would like to register as a producer of commercial or household packaging in Luxembourg and would like to ensure your legally compliant sales in Luxembourg in the future, take-e-way will be happy to support you.  

If you would like to register as a producer of WEEE, batteries or packaging in Luxembourg or if you have any questions about extended producer responsibility (EPR), please contact our advisory service at beratung@take-e-way.de or +49407506870.

For further information on the labelling requirements for products or packaging, please contact the trade-e-bility advisory team at beratung@trade-e-bility.de or +4940750687300.

Request now without obligation in the Fast Lane!

For information on our international compliance services in connection with the placing on the market of electronic devices, batteries/rechargeable batteries and packaged products or packaging, please click here: https://www.take-e-way.com/international-compliance/

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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