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.

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.

Icon of a document being signed
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.


take-back at place of delivery according Section 17 ElektroG3

In terms of the amended Electrical and Electronic Equipment Act version 3 (ElektroG3) effective as of 1 January 2022, the obligation of distributors of electrical equipment will be partly extended, including the group of obliged companies.

The obligations differ depending on whether you are a brick & mortar trader with a retail shop or a distance trader (online, telephone, fax, mail orders, etc.).

The distributor take-back obligation until 31 December 2021 in a nutshell:

Distributors with a shop or storage area of more than 400 sqm are obliged as follows under Section 17 ElektroG:

Brick-and-mortar trade

  • to take back a similar WEEE from end-users at the point of sale or in the immediate vicinity (i.e., in or within walking distance of the shop) when purchasing a new appliance (1:1 take-back)
  • to take back every old electrical appliance < 25 cm, even if no new purchase was made and even if these appliances are not in the product range (0:1 take-back)
  • to report the quantities taken back annually to the EAR foundation (Stiftung Elektro-Altgeräte Register German = WEEE registration board)
  • and to notify end-users about the return option.

Distance selling

  • when purchasing a new appliance, to take back a similar piece of waste electrical and electronic equipment from end-users within the so-called “reasonable distance” of the place where it was handed in (i.e. consequently a nationwide network covering the whole of Germany)
  • to take back every old electrical appliance < 25 cm, even if no new purchase was made and even if these appliances are not in the product range (0:1 take-back)
  • to report the quantities taken back annually to the EAR foundation
  • and to notify private households of the return option

In addition to the take-back obligation, the obliged distributors also have a reporting obligation in which the quantities taken back, broken down by category, must be reported once annually to the EAR foundation, including the associated recycling rates.

You can take a closer look at the effort involved in this obligation alone by watching the following instructional video from the EAR foundation:

Learning video on distributors - annual statistics report - YouTube

Our take-e-back system is designed to fulfil all these obligations. Each distributor can join this system and thus meet the take-back obligations within a reasonable distance along with all reporting obligations.


The above-mentioned obligations have been extended and supplemented in the area of 1:1 take-back to include the following two points:

1.) Need to actively ask the customer at the time of contracting whether an old device is to be disposed of

In contrast to the previously valid legislation, in which customers had to express their will to return old electrical appliances themselves, as of 1 January 2022, distributors will be obliged in the case of larger appliances to inform the customer and actively ask if they wish to return an old appliance of the same type. This must be requested during the conclusion of the purchase agreement in the online shop or in the retail shop, by telephone, on the order form, etc.

This obligation applies to

the brick & mortar trade

  • for all devices > 25 cm edge length

Distance selling:

For all devices in the category of:

1) heat exchangers (e.g. refrigerators, but also dehumidifiers, air conditioners, etc.)

2) screens, monitors and equipment containing screens with a surface area greater than 100 cm²

4) all other appliances where at least one of the external dimensions exceeds 50 cm (large appliances) and which are not lamps (e.g. light sources such as tubes, etc.).


2.) Take-back of old electrical appliances at the place of delivery

If the customer answers yes to the question above, distributors must take back a corresponding old appliance at the place where the new appliance is handed over (e.g. at the front door).

This means that in the case of distance sellers, the obligation was significantly tightened for these devices, from the reasonable distance to the place of delivery to the direct place of delivery (further particulars in this regard can be found here.)

For these returns, you will need to make arrangements with your logistics service provider carrying out the delivery.


All devices in the categories of

3) lamps as well as 5) and 6) devices, as well as small devices of information and telecommunication technology, where none of the external dimensions exceeds 50 centimetres (i.e. all devices < 50 cm edge length that are not heat transmitters or display screens) can continue to be taken back by distance sellers at a reasonable distance from the place of delivery.

The take-e-back network is still perfectly adequate for this purpose.

For all devices < 25 cm, the 0:1 take-back obligation still applies, which means the following for:

the brick & mortar trade

All devices < 25 cm edge length must be taken back in the shop or in the immediate vicinity, whether a new purchase was made or not.

Distance selling

All devices < 25 cm edge length must be taken back within a reasonable distance from the end-user (i.e. throughout Germany), whether a new purchase has been made or not.

The take-back in this case is limited to 3 devices per device type.

Amended information obligations under Section 18 (3) ElektroG

The information obligations have been slightly amended; take-e-back customers will of course also receive a template for the new obligations.

Food retail trade under obligation starting from 1 July 2022

The group of obliged distributors was extended to include distributors of foodstuffs with a total sales area > 800 sqm (total sales area or total storage area in the case of distance selling). It is important to bear in mind here that these are not only the classic grocery discounters, but also companies that sell food in general and not exclusively (e.g., drug stores, beverage retailers, etc.), provided they also have electrical appliances in their range.

Are you a distributor of electrical equipment and affected by the take-back obligation?

If so, the take-e-way consultants will be pleased to assist you. Please send an e-mail message to or call +49/40/750687-250.

Services & Contact