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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UK continues to recognise CE marking

While the UKCA marking can already be used now, this extension means that companies can use the CE marking until 31 December 2024.

As reported by the UK government, it will continue to recognise the CE marking for two years, giving companies until 31 December 2024 to prepare for UKCA marking. Businesses can also use UKCA labelling, giving them flexibility to decide which label to use.

To support manufacturers, the government is also reviewing the overall product safety framework to ensure that burdens on businesses are reduced and kept up to date with new innovative methods such as electronic tagging. In this connection, the government says it will make it “easier than ever” for companies to affix product labels. This should give companies, including electronics and lift producers, additional time and simultaneously more flexibility in meeting their legal obligations.

This goes hand in hand with measures to reduce the costs of product retesting and labelling. In order to lower the cost of labelling, the government will allow businesses to display the UKCA mark and provide information about the importer of products from EEA countries on an accompanying document or label until 31 December 2027. In addition, the government intends to allow conformity assessment activities for CE marking carried out by 31 December 2024 to be used by manufacturers as the basis for UKCA marking until 31 December 2027.

Different regulations apply to medical devices, construction products, cableways, transportable pressure equipment, unmanned aerial systems, rail vehicles and marine equipment. The ministries responsible for these sectors are currently making sector-specific agreements.

To find out which regulations apply to their product, companies should consult the Product Safety Guide for Businesses: Read the A to Z of Industry Guidance, of the “Office for Product Safety and Standards”.

Conclusion: Companies have been able to use the UKCA mark since 1 January 2021 to demonstrate their compliance with product standards in England, Scotland and Wales. The UKCA marking applies to most goods that previously required CE marking. While the UKCA marking can already be used now, this extension means that companies can use the CE marking until 31 December 2024.

trade-e-bility is your expert for the CE and the UKCA marking and will be pleased to help with any questions you may have. The example also shows that optimal Legal Monitoring is necessary as an existential risk precaution in order to protect you under product law. If you have any questions, the trade-e-bility advisory team will be pleased to assist you via beratung@trade-e-bility.de or +49/40/75068730-0.

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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