This option is possible. In this case, Company B becomes the manufacturer of the products and bears liability for the product as the manufacturer.
The following products require CE marking:
- Active implantable medical devices
- Gas appliances
- Cableway installations designed to carry persons
- Construction products
- Eco-design of energy-related products
- Electromagnetic compatibility
- Equipment and protective systems for use in explosive atmospheres
- Explosives for civil use
- Hot water boilers
- In vitro diagnostic medical devices
- Low voltage
- Measuring instruments
- Medical devices
- Noise emission in the environment
- Non-automatic weighing instruments
- Personal protective equipment
- Pressure equipment
- Pyrotechnic articles
- Radio and telecommunications terminal equipment
- Recreational craft
- Restriction of hazardous substances in electrical and electronic equipment
- Toy safety
- Simple pressure vessels
You can find more information on CE marking here.
The requirements for vehicles are set out in the provisions of Chapter IV of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs.
- Conveyances and/or containers used for transporting foodstuffs are to be kept clean and maintained in good repair and condition to protect foodstuffs from contamination.
- Receptacles in vehicles and/or containers are not to be used for transporting anything other than foodstuffs.
- Where conveyances and/or containers are used for transporting anything in addition to foodstuffs or for transporting different foodstuffs at the same time, there is, where necessary, to be an effective separation of products.
- Bulk foodstuffs in liquid, granulate or powder form are to be transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs. Such containers are to be marked in a clearly visible and indelible fashion, in one or more Community languages, to show that they are used for the transport of foodstuffs, or are to be marked ‘for foodstuffs only’.
- Where conveyances and/or containers have been used for transporting anything other than foodstuffs or for transporting different foodstuffs, there is to be effective cleaning between loads to avoid the risk of contamination.
- Foodstuffs in conveyances and/or containers are to be so placed and protected as to minimize the risk of contamination.
- Where necessary, conveyances and/or containers used for transporting foodstuffs are to be capable of maintaining foodstuffs at appropriate temperatures and allow those temperatures to be monitored.
In general, it is important what the equipment and premises there should be.
In producing eco-friendly cleaning products, you will also have to meet the requirements for the production of cleaning products and detergents. We recommend that you familiarise yourself with the Detergent Control Questionnaire. This questionnaire is used by the controlling authorities in carrying out inspections at production and sales locations.
We also recommend that you familiarise yourself with the code of requirements for non-food items. This is where you will find the legal requirements for the products that you manufacture. In order for your products to be recognized as eco-friendly, you will need to obtain the EU Ecolabel. The EU Ecolabel website contains the criteria, broken down by product, that your products need to comply with (in the ‘Cleaning Up’ section).
In Lithuania, the Environmental Protection Agency is responsible for awarding the EU Ecolabel.
- This is a link to the Description of the Procedure for Implementation of the Compliance of Packaging Supplied to the Domestic Market of the Republic of Lithuania with the Packaging Requirements Specified in the Republic of Lithuania Law on the Management of Packaging and Packaging Waste, which describes the declaration submission process and provides a sample of the declaration itself.
- In the declaration, the company will have to specify that the packaging is in compliance with the packaging requirements specified in the Republic of Lithuania Law on the Management of Packaging and Packaging Waste and as established in the Standard of the Republic of Lithuania LST EN 13427:2006 Packages. Requirements for the use of European Standards in the field of packaging and packaging waste:
- adherence to the minimum adequate packaging weight and volume in the manufacture of the packaging (as established in the Standard of the Republic of Lithuania LST EN 13428:2006 Packaging. Requirements specific to manufacturing and composition. Prevention by source reduction);
- limitation of the total concentration of heavy metals (lead, cadmium, mercury and hexavalent chromium) in a package to no more than 100 ppm by weight of the package (as established in the Standard of the Republic of Lithuania LST 1655:2002 Packaging. Requirements for measuring and verifying the four heavy metals and other dangerous substances present in packaging, and their release into the environment. Part 1. Requirements for measuring and verifying the four heavy metals present in packaging);
- reduction of the number of chemical substances or preparations in the package to the lowest adequate amount (as established in the Standard of the Republic of Lithuania LST CEN/TR 13695-2:2004 Packaging. Requirements for measuring and verifying the four heavy metals and other dangerous substances present in packaging, and their release into the environment. Part 2. Requirements for measuring and verifying dangerous substances present in packaging, and their release into the environment);
- assessment of the potential for reusing the packaging (as established in the Standard of the Republic of Lithuania LST EN 13429:2007 Packaging. Reuse (hereinafter – LST EN 13429:2007)) and regard to obligatory suitability of packaging materials for recycling or reuse by at least one of the methods mentioned in the standards of the Republic of Lithuania (LST EN 13430:2007 Packaging. Requirements for packaging recoverable by material recycling (hereinafter – LST EN 13430:2007), LST EN 13431:2007 Packaging. Requirements for packaging recoverable in the form of energy recovery, including specification of minimum inferior calorific value (hereinafter – LST EN 13431:2007) and LST EN 13432:2004 Packaging. Requirements for packaging recoverable through composting and biodegradation. Test scheme and evaluation criteria for the final acceptance of packaging (hereinafter – LST EN 13432:2004));
- labeling of packaging in accordance with the procedure established in the Rules for the Management of Packaging and Packaging Waste.
This declaration must be drawn up and all relevant documents must begin to be kept before the packaging is placed on the market.
The procedure for the import of animal products from third countries into the European Union is established by the Procedure for the Organisation of Veterinary Checks on Products Entering the Republic of Lithuania approved by Order No B1-723 of the Director of the State Food and Veterinary Service of 8 September 2003 (Official Gazette, 2003, No 87-3972; 2004, No 85-3096). This procedure implements the provisions of Council Directive 97/78/EC laying down the principles governing the organization of veterinary checks on products entering the Community from third countries and is applicable to the animal products referred to in Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 1/496/EEC and 97/78/EC.
Before delivery of the consignment of animal products to the Veterinary Border Inspection Post (VBIP) through which the consignment will be imported, the person responsible for the consignment must forward information about the consignment to the state veterinarian (by fax, e-mail, or other methods) in advance, i.e. by completing and submitting Part I of the Common Veterinary Entry Document (approved by Commission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries); the original of this document must be submitted to the state veterinarian at the VBIP upon arrival of the consignment. Advance information can be sent via the TRACES system in the event that the importer has access to the TRACES system, which is provided by the SFVS Information Systems Department.
For each consignment of products, documents and compliance checks are carried out. Animal products may only be imported from the third countries established in legislation and from EU-approved third-country companies, and the products must be accompanied by an original, official veterinary certificate of the legally prescribed form issued by a veterinarian in the third country. Physical inspection of the products and sampling for laboratory tests are carried out in accordance with the procedure established by legal acts. After completing the veterinary inspection, the state veterinarian at the VBIP fills in Part II of the Common Veterinary Entry Document for the consignment of products, indicating, having regard to the results of the veterinary inspection, the decision taken on the consignment of the products.
The importer or the person responsible for the consignment must pay the state fee for the consignment of animal products being imported in accordance with the Specific State Fee Rates and the Rules for the Payment and Refund of State Fees, approved by Resolution No 1458 the Government of the Republic of Lithuania of 15 December 2000 (Official Gazette, 2000, No 108-3463; 2007, No 138-5661; 2008, No 36-1285) before submitting the consignment for veterinary inspection.
One option is that the furniture factory will obtain licenses for working with fur, and we only supply them with fur. Then we would need fewer licenses.
Germany has a statutory procedure and provisions for guarantees and product liability.
It should be noted that there are three warranty concepts and warranty types related to responsibility for products. There are three different terms used for these concepts in the German language, while in Lithuanian, we use the generic term of WARRANTY.
- Gewährleistung/Verjährung – Warranty/statute of limitations (warranty and liability for product defects)
- Garantie – Warranty (in the broader, generic sense)
- Produkthaftung – Warranty, liability for the product and possible damage to the consumer as a result of its use
Item 1. Gewährleistung/Verjährung – Warranty/statute of limitations (warranty and liability for product defects). This is defined in the purchase and sale contract (German: Kaufvertrag).
According to the inquiry submitted, it would appear that this is the type of warranty in question.
This type of warranty is defined in German law (BGB – Bundesgesetzbuch) – this is the responsibility for defects and the statute of limitations for product defects. This is the manufacturer’s warranty and product liability stipulated by the law. The law states that the buyer is entitled to demand this liability for defects from the supplier/manufacturer.
Whether the product has defects is decided according to what is agreed between the two parties to the contract, or if not agreed separately, based on the general practice of the product in question as well as the buyer’s expectations for products of this type and their properties and quality.
The following cases can also be treated as defects:
- the purchased product does not correspond to the promotional information compiled and presented by the vendor/manufacturer;
- the product instructions are incorrect;
- the agreed installation of the product was done incorrectly, with defects, or the installation instructions are incorrect;
- the product is defective, of poor quality;
- the wrong product or quantity etc. was delivered.
The limitation period for defects in accordance with § 438 BGB:
Liability – the warranty period for defects covers two years from the delivery of the product.
In the case of new products, the warranty given to the final buyer (user) cannot be shortened. In the case of new products, this period may be shortened to one year for a company in the General Conditions of Business (AGB – Allgemeine Geschäftsbedingungen).
If the buyer is a company, in order to make claims for defects, the presence of the defect must be proven during a handover of the product to the buyer (in this case, the company). This is different in the case of end-users – defects must be reported within six months.
The supplier must eliminate the defects or supply of another new product at the manufacturer’s expense. If this is not feasible and the defect is major, the customer may refuse the product, demand a lower price, etc. There are various provisions in this case, so you should look into this topic if it is relevant.
In the supply chain (manufacturer/supplier – the final seller – consumer/end-customer), the following provisions apply: if there is a defect in the product that the final seller is not responsible for and the consumer/end-customer makes claims, then the final seller may transfer liability and bring claims to the supplier/manufacturer of the product.
TIPS for the manufacturer, supplier: It is very important to provide the product features and to define in advance the peculiarities of the product, or to specify the properties that a specific product does not have, even though, on the basis of common practice and similar products, the buyer might expect and might consider it to be a defect in their absence. It is therefore very important to actualize purchase and sale contracts and provide for the necessary provisions in the general terms and conditions. To check and actualize promotional information, promotional product tools (catalogs, leaflets, etc.). To check and actualize installation instructions, etc.
In order to import natural and organic cosmetics from other European Union Member States and sell them in Lithuania, cosmetic product notification must be given to the Vilnius Department of the National Public Health Centre. This requirement is not applicable if the cosmetic product has already been notified in the European Union. All cosmetic products supplied to the Lithuanian market are subject to the requirements of Lithuanian Hygienic Norm HN 62:2003 Cosmetic products. General requirements, prohibited and restricted substances.
In addition, we recommend using the Cosmetic Products Control Questionnaire, which lists all of the questions that you may be asked by the controller who comes to inspect your activities.
In addition, the code of product requirements compiled by the State Non-Food Products Inspectorate lists other requirements for the production and marketing of cosmetics.
The products listed are not classified as construction products.
You should contact UAB Elektrotechninių Gaminių Sertifikavimo Centras (EGSC) for certification of these products.
EGSC carries out conformity assessment for electro-technical products in accordance with the requirements of the European Union and Lithuanian normative documents.
A trademark is any sign (name, concept, symbol, design or combination thereof) that helps identify the goods or services offered by a single vendor or group thereof, and distinguish them from the goods or services of competitors. Besides being an intangible and movable asset that can be bought and sold, a trademark also helps increase brand awareness and market demand, and thus the price of the product and the value of the entire business. Only a properly registered trademark can help prevent malicious actions from competitors and the loss of profits, so legal protection of the trademark is essential.
In order to obtain trademark protection, several aspects are important: the territory in which the trademark protection is sought, trademark retention terms, and the prices and procedures for obtaining trademark protection.
The trademark can be registered at different levels and for different territories:
- in Lithuania (by submitting a national trademark application)
- across the EU (by applying for a Community trademark)
- outside of the EU (international trademark registration, indicating in which countries protection will apply)
The Community trademark and the international trademark differ in the nature of their validity. To put it simply, the Community trade mark is distinguished by the fact that you get a single trademark that is valid throughout the EU, so if it is canceled, its validity ceases in all EU Member States. Meanwhile, under international trademark registration, several individual trademarks are received for several countries on the basis of a single application, so the cancellation of one has no further consequences of the trademark protection valid in the other countries.
An international trademark registration application is filed on the basis of a national or Community trademark that has already been registered or an application to register a national or Community trademark that has already been filed.
This means that in order to register a trademark in individual countries, e.g. in Russia, just in Poland and so on, one of the following must first be done:
- the trademark must be registered in Lithuania;
- Community trade mark protection must be obtained;
- an application must be filed with the Lithuanian Patent Office;
- an application must be filed with the Office for Harmonisation in the Internal Market (OHIM; Trade Marks and Designs).
The trademark registration process consists of three parts:
- Application and trademark examination;
- Submission of the application to the State Patent Bureau (national registration), the OHIM (Community registration), or the WIPO (international registration);
- Registration of the trademark and publication in the official trademark bulletin.