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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Right to Repair Instead of Sale

In future, producers will be obliged to repair products even after the statutory warranty period has expired. Vouchers and other financial incentives for repairs are planned. Consumers will have the right to demand that appliances such as washing machines, hoovers, smartphones and bicycles be repaired even after the warranty period has expired. In addition, producers are to provide loaner appliances for the duration of the repair. Independent repair shops are to be strengthened.

On 21 November 2023, the European Parliament in Strasbourg adopted its position on a stronger "right to repair" by 590 votes to 15 with 15 abstentions. The Federal Environment Ministry also reported. The new rules are intended to encourage more sustainable consumption: they should make it easier to repair faulty goods, reduce waste and promote the repair industry. During the warranty period, sellers would be obliged to repair instead of replace if a repair costs the same or less – unless the repair is not feasible or unfavourable for the consumer. MEPs also propose extending the warranty period by one year from the date of repair.

Consumers should have the right to demand that appliances such as washing machines, hoovers, smartphones and bicycles be repaired even after the warranty period has expired. To make repairing more attractive than replacing, manufacturers should make loaner appliances available for the duration of the repair. If a product can no longer be repaired, an already repaired product could be offered instead.

High costs, difficult access to repair services or design features that prevent repair – all of this often prevents consumers from having a product repaired. Parliament therefore wants to ensure that independent companies that offer repairs and maintenance, as well as end consumers, have all the necessary spare parts, information and tools at reasonable prices.

Consumers should be able to use online platforms to find repair businesses (including so-called repair cafés) and sellers of refurbished goods in their neighbourhood. MEPs also propose using national repair funds to provide vouchers and other financial incentives to make repairs more affordable and attractive.

The Right to Repair proposal complements EU initiatives on eco-design and consumer empowerment for the green transition.

Next steps: Once the Council has finalised its negotiating position, talks with Parliament can begin. A first meeting is planned for 7 December 2023.

The right to repair is of great importance to you? trade-e-bility keeps you up to date with the Legal Monitoring Service. This means you only receive the information that is relevant to you and your product. And we help you with the implementation. If you have any questions, please contact the trade-e-bility consulting team at beratung@trade-e-bility.de or +49/40/750687-300.

Sebastian Siebert
Contact

Sebastian Siebert
Head of Advisory services

Phone: +49 40 750687-0

beratung@take-e-way.de

Christoph Brellinger
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Christoph Brellinger
Head of Marketing & Public Relations

Phone: +49 40 750687-0

presse@take-e-way.de

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