Blog - Die Produktkanzlei

27. November 2023 Dr. Florian Niermeier

Update on the right to repair

In the ongoing legislative process, the European Parliament has now adopted proposed amendments to the Right to Repair Directive. These amendments would pave the way for a significant extension of the repair obligation and impose noticeable new burdens on those subject to the obligation.

2. November 2023 Dr. Carsten Schucht

Reform of the European Machinery Laws

The publication of the new EU Machinery Regulation in the Official Journal of the EU at the end of June 2023 marks a turning point for the machinery and plant construction industry. It is now clear that the EC Machinery Directive from 2006, which is now outdated in several respects, will have an expiry date.

23. October 2023 Martin Ahlhaus

REACH: Restriction for “microplastics” entered into force

REACH: Restriction for “microplastics” entered into force
The restriction on synthetic polymer microparticles (formerly and commonly known as “microplastics”) was introduced by Regulation (EU) 2023/2055 of 25.09.2023, as entry No. 78 in Annex XVII to REACH. Following its publication in the Official Journal of the European Union on 27.09.2023 (OJ L 238, 27.09.2023, p. 67), the Regulation entered into force on 17.10.2023. Thus, a quite controversial restriction procedure, which was initiated at the request of the EU Commission, has reached its conclusion after more than five years.

18. October 2023 Dr. Florian Niermeier

Safety defects – economic operators’ liability and obligations under Danish law

Wherease the current regulatory focus seems to be on environmental aspects, product safety law can have major impacts on economic operators as well.

16. October 2023 Dr. Zeynep Schreitmüller

New prohibited and restricted substances in cosmetics law

Although the comprehensive revision of the EU Cosmetics Regulation announced last year now seems to have been postponed until 2025, developments, particularly on prohibited and restricted ingredients in cosmetic products, are not standing still.

25. September 2023 Dr. Gerhard Wiebe

Whistleblowing in Product Compliance – The German Whistleblower Protection Act from a Product Law Perspective

The German Act on the protection of persons who report breaches of law (HinSchG) came into force on 02.07.2023. The protection of whistleblowers intended by the HinSchG will also indirectly lead to product safety non-conformities increasingly being brought to the attention of manufacturers and other economic operators within the company.

18. September 2023 Michael Öttinger

Extended producer responsibility for textiles and footwear

On 05.07. 2023, the EU Commission published a proposal to revise the EU Waste Framework Directive (Directive 2008/98 EC of the European Parliament and of the Council of 19 November 2008 on waste), which provides for far-reaching regulations for manufacturers of textiles as well as footwear and the handling of used textiles. Whether this can really create an incentive for the development of more durable products, the improvement of recyclability and thus the reduction of waste generation, as hoped by the EU Commission, remains to be seen.

22. August 2023 Dr. Gerhard Wiebe

Commission proposal for a regulation on the safety of toys

On 28.07.2023, the EU Commission published its proposal for a regulation on the safety of toys (hereinafter “TSR-D”). The new regulation is to replace the currently applicable Directive 2009/48/EC on the safety of toys (so-called Toy Safety Directive).

18. July 2023 Martin Ahlhaus

EU Commission sets stricter emission limits for formaldehyde

On 14 July 2023, the EU Commission adopted the Implementing Regulation (EU) 2023/1464 on Annex XVII of the Regulation (EC) No 1907/2006. This is the first time that an explicit restriction for formaldehyde has been introduced. After a transition period of 36 or 48 months, the restriction provides for specific limits for formaldehyde in indoor air for a number of consumer products. Among others, this concerns wood-based materials, furniture, construction products and the interior of road vehicles.

7. July 2023 Michael Öttinger

Green Dot: case closed.

The legal battle around the use of the Green Dot in France eventually ended.