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.

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.


Producer information according to § 18 Para. 4 ElektroG3

The information obligations of producers towards private households under Section 18 ElektroG were noticeably extended by the amending Act of 20 May 2021. The most significant change is that the information mentioned in Section 18 (4) ElektroG is to be enclosed with the equipment in written form (Section 18 (4) sentence 2 ElektroG). This means that producers must include written information with the goods, e.g., in the form of a separate slip of paper, an annex to the operating instructions, a sticker on the packaging, etc. A link to a location at which the information can be found on the Internet is not sufficient.

In addition, there are the content-related adjustments of Section 18 (4) ElektroG, i.e., even if you already enclose the information in writing with your goods, are required to update it where necessary. The new Section 18 (4) clarifies, inter alia, that the producer is required to notify end-users that they are obliged according to Section 10 (1) sentence 2 ElektroG to remove batteries not enclosed by the appliance and lamps that can be removed non-destructively. Moreover, in future, producers will have to inform private households that distributors i.e., (in particular dealers) are obliged to take back waste equipment free of charge. It has now been clarified that the information obligations have to be fulfilled from the moment electrical equipment is offered for sale (Section 18 (4) sentence 1 ElektroG).

The obligations to include this written information – like most of the new provisions of the amending Act – apply from 1 January 2022. This raises the question of applicability to equipment produced before that date (“stock-in-trade”). As the producer is the addresse of the information obligation, its applicability from 1 January 2022 must be determined according to whether the producer still has the goods in its possession. If they are no longer in the possession (warehouse) of a distributor or end-user after it has been supplied, the obligation to include written information will be null and void. However, the information obligation is applicable to devices in the possession of the producer from 1 January 2022 even if they are already completely packaged, which means that the affixing of an information sticker may be recommended, at least for the time being. In summary: All appliances for use in private households covered by the Act, which a producer has in its possession and offers for sale from 1 January 2022 must be issued with written information in accordance with the new Section 18 (4) ElektroG.

Information on the collection and recovery rates achieved (Section 18 (4) sentence 3 ElektroG) does not need to be enclosed with the goods in writing. In this case, a reference to the information page on reporting and information obligations provided by us is still sufficient.

take-e-way makes producer information available to its customers pursuant to Section 18 (4) ElektroG3. A corresponding template is available for download here:

The consultancy team from take-e-way will be pleased to answer any questions you may have. Please call +49/40/750687-0 or send an e-mail to

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