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.

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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.

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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.

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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.

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CSRD in breach of EU law?

The German parliament has criticised the bureaucratic burdens for SMEs in the CSRD draft act on the implementation of EU sustainability reporting. According to the law firm Noerr, the draft could violate EU law as it restricts the freedom of profession and entrepreneurship.

As reported by the Bundestag, a hearing on sustainability reporting took place in the Legal Affairs Committee on 16 October 2020, in which business associations, trade unions and business representatives criticised the CSRD draft act on the implementation of EU sustainability reporting (20/12787). Although they welcomed the one-to-one implementation, they called for adjustments to implementation deadlines, transition periods and sanctions. The increasing bureaucratic burden was criticised in particular, especially for small and medium-sized enterprises (SMEs). There were also calls for the reporting obligations under the Supply Chain Act to be suspended. Trade unions criticised the insufficient involvement of employee representatives. Some experts were in favour of using environmental auditors as an alternative to certified public accountants.

table.media reports in detail on the latter point, as the German government's CSRD draft bill stipulates that only certified public accountants are authorised to audit these reports. However, according to a legal opinion by the law firm Noerr, which was commissioned by the TÜV association, this could violate EU law as it restricts professional and entrepreneurial freedom. Independent technical service providers would therefore be excluded from the audit, although their activities should be considered equivalent. Other EU countries allow technical experts, which is in line with harmonisation in the EU. Critics fear distortions of competition in favour of the large auditing firms and see possible legal action before the European Court of Justice. The Federal Ministry of Justice has so far stuck to its position, while further discussions are expected in the Bundestag in order to find a solution. Most recently, the Federal Council also criticised the Federal Government's regulation (trade-e-bility reported: Federal Council proposes CSRD reduction).

Is your company affected by the CSRD? Take action now. Christopher Blauth and Jens Haasler will be happy to answer your questions.

Attention: As a take-e-way/trade-e-bility customer or VERE e.V. member, you can attend the 8th VERE panel event free of charge on 19 November 2024 at the East Hotel in Hamburg and discuss the topic "Safe, sustainable and recyclable into the future" with representatives from the Federal Ministry of Economics, EAR Foundation, Packaging Register, Consumer Protection Agency, Otto, Osapiens, Hagebau, Berlin Brands Group and many others and make valuable contacts for your business. All presentations will be simultaneously translated into English. The topic of CSRD will also be discussed in detail:

  • LkSG, CSDDD, CSRD, EUDR, EU Batteries Regulation, CBAM, etc. – An overview of existing and upcoming sustainability and due diligence obligations – is the SME sector out? (Dipl.-Ing. Jens Haasler, M.Sc. Christopher Blauth, trade-e-bility)

Register here now!

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Oliver Friedrichs
Contact

Oliver Friedrichs
CEO

Phone: +49 40 75068730-0

beratung@trade-e-bility.de