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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ElektroG registration warning

Sellers should check whether the producers of their products are properly registered with the EAR Foundation. A lack of registration constitutes an infringement of competition rules.

As the shop operator blog “warning radar” reports, warnings are currently being issued for missing ElektroG registrations. Pursuant to Section 6 (1) ElektroG, producers of electrical appliances are obliged to register with the Stiftung Elektro-Altgeräte Register (EAR Foundation) before placing their products on the market. If this registration is missing, the seller is considered a fictitious producer. Sellers should check whether the producers of their products are properly registered with the EAR Foundation. A lack of registration constitutes an infringement of competition rules. Since 1 July 2023, additional provisions have been in force, according to which operators of electronic marketplaces and fulfilment service providers may only offer their services if the producers are properly registered in Germany and comply with their obligations regarding the disposal of waste electrical and electronic equipment. In accordance with Section 6 (2) sentence 2 ElektroG, the previous ban on sellers offering their services if the producers or authorised representative is not or not properly registered is also extended to operators of electronic marketplaces and fulfilment service providers. For this reason, online marketplaces (e.g. Amazon) require proof of registration.

take-e-way will be happy to answer your questions about WEEE, the Electrical and Electronic Equipment Act, the Batteries Act, the Packaging Act / packaging subject to system participation and the Extended Producer Responsibility / EPR via +49/40/750687-0 or beratung@take-e-way.de and will help you with registration/licensing.

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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