Legal matters

Insofar as we support you as a full-service provider with the manufacture of your products according to your wishes, we would like to draw your attention to the following circumstances:

1. manufacturer

The products manufactured for you must, among other things, comply with the legal requirements of the Product Safety Act, which defines the term manufacturer in accordance with Section 2 No. 14 of the Product Safety Act as follows:

For the purposes of this Act

14. manufacturer means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under his own name or trademark; a manufacturer also means any person who

a) commercially affixes his name, trademark or other distinctive sign to a product and thereby impersonates the manufacturer or …

2. legal regulations

Please note that the aforementioned manufacturer concept may apply in your case; in this case, you as the manufacturer are obliged to observe and comply with all legal regulations at both national and international level. Without claiming to be complete and correct, we would like to point out, among other things

• Labeling requirements:
  in accordance with § 6 and § 7 of the Product Safety Act
• Declaration of Conformity:
  Please also note that – if necessary – the sole responsibility for issuing the EU Declaration of Conformity lies with the manufacturer indicated on the card or its documentation, i.e. you, if applicable.
• CE marking:
  • Please also note, where necessary, that the manufacturer alone is responsible for compliance with European regulations and therefore for affixing the CE mark
  • Contact smart cards, RFID cards and RFID media, on the other hand, require a declaration of conformity from the manufacturer in accordance with RoHs and, if applicable, EMV and must be marked with the CE mark.
  • Currently, magnetic stripe cards, plastic cards without technology and passive RFID blockers are not subject to CE marking. They must not be provided with a CE mark.
• WEEE registration:
  Contact smart cards fall under the scope of the WEEE Directive and must fulfill registration, information and reporting obligations in the respective countries in which they are placed on the market (Art. 16 Directive 212/19/EU of the European Parliament and of the Council of 4 July 2017 on waste electrical and electronic equipment).Nationally, the WEEE Directive has been implemented by the Electrical and Electronic Equipment Act and contact-based chip cards, RFID cards and RFID media are therefore subject to registration with the Waste Electrical and Electronic Equipment Register (WEEE); they must also be marked with a crossed-out waste garbage can. Please note that the aforementioned registration and labeling obligations are the sole responsibility of the card manufacturer.
  
  

Nevertheless, we would like to point out that we do not check the print data provided by you to ensure that you comply with your manufacturer obligations with the print data provided to us.

3. Agreement on the Disposal of Outer Packaging and Release from Take-Back Obligations pursuant to the Packaging Act

• The corporate customer undertakes to properly dispose of, or recycle in accordance with the Packaging Act (§ 15 VerpackG), all outer packaging (including transport and sales packaging) arising from the delivery of goods by PPS GmbH at their own expense upon receipt of the goods.
• The corporate customer hereby releases PPS GmbH from all obligations related to the take-back, recycling, and disposal of this packaging in accordance with § 15 VerpackG.
• The parties agree that, under this arrangement, all obligations of PPS GmbH concerning the take-back and recycling of the delivered packaging are transferred to the corporate customer. PPS GmbH is therefore released from any third-party claims as well as from any official requirements in connection with the return and disposal of this packaging.
• This agreement applies exclusively to packaging that arises in the context of deliveries to the corporate customer and is not passed on to private end consumers.

Such an agreement is permissible in the B2B sector, as the Packaging Act explicitly allows deviating arrangements between companies.

We would like to point out that the above information point 1 ongoing does not claim to be complete or correct, nor does it constitute binding legal advice.