Sprache: DE
16. January 2025
EU Infringement Proceedings Against Spain's New Labeling Requirements
What does this mean for manufacturers?
On December 16, 2024, the European Commission initiated infringement proceedings (INFR(2024)4009) against Spain.
The reason?
Spain has introduced specific labelling requirements for packaging [LINK to our blog post], which could hinder the free movement of goods within the EU. But what is behind this, and why is it relevant for businesses across the EU?
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Background of the Proceedings
According to the European Commission, Spain has not conducted a sufficient analysis of whether the new labelling requirement for packaging, which came into effect on January 1, 2025, is proportionate. From the EU's perspective, there are alternative ways to inform consumers about the disposal of packaging—ways that would be less restrictive for trade between EU member states.
The Bigger Picture:
The Single Market and Harmonized Rules
National labelling requirements can pose a barrier to the single market, as businesses may need to adapt their products specifically for certain countries. Currently, harmonized EU rules on waste sorting instructions are missing. However, the newly adopted EU Packaging and Packaging Waste Regulation (PPWR) [LINK to our blog post] will soon establish uniform requirements. Until then, national laws should avoid creating unnecessary trade barriers.
What Happens Next?
The Commission has sent Spain a formal notice outlining its concerns. Spain now has two months to respond and address the identified issues. If this does not happen, the Commission may issue a reasoned opinion—the next step in an infringement procedure.
Our Assessment:
A Predictable Problem
At My Compliance, we already raised this issue with the Spanish authorities in October, pointing out the potential conflict with EU regulations. However, the authorities did not see a problem with their provisions. Similarly, since summer 2024, we have been raising awareness among our clients, anticipating EU action on this matter.
National labelling requirements always carry the risk of obstructing the free movement of goods, undermining the very foundation of the single market. The latest developments confirm our assessment.
We remain available to support our clients throughout this process.
give us a call: +49 2443 994912-0
or
Source: European Commission, Infringement Decisions
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