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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Stichting OPEN allows for non-Dutch producers to report sales to resellers in 2021

On 1st March, we informed you that the new producers’ association Stichting OPEN does not allow for non-Dutch producers to take over the WEEE quantity reporting of their Dutch resellers. Since many different parties requested reconsideration, OPEN has now published a statement.

On 1st March, we informed you that the new producers’ association Stichting OPEN does not allow for non-Dutch producers to take over the WEEE quantity reporting of their Dutch resellers. OPEN referred to Dutch law, according to which Dutch importers cannot be released from their reporting obligation and non-Dutch companies are only legally obliged to report sales to end users.

Many producers were unhappy with this situation. Over the last months, take-e-way has been in discussions with OPEN, expressing the concerns producers had. In comparison with other European countries, reporting sales to resellers is common practice. Since many different parties requested reconsideration, OPEN has now published a statement confirming the following:

  • Non-Dutch producers may continue to report sales to Dutch resellers in 2021.
  • Producers have to provide information about their resellers to avoid double-reporting.
  • In order to adapt to European practice, OPEN is now in discussions with the Ministry to allow this reporting method beyond 2021.

OPEN informed us that it is not clear yet what kind of information about the resellers will be required. It is possible that not only the names and addresses of the resellers will be requested, but also the quantities sold to each reseller. We will inform you as soon as OPEN announces the requirements.

Should you have any questions, please do not hesitate to contact Alina Eggert via international@take-e-way.de or via +49/40/750687-166.

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