A packager wondered whether their e-prepackages should comply with “our” e-marking requirements or with the requirements of the destination country. The short answer is that it should meet the requirements of the destination country.

For prepackages intended for a country outside the European Union with which the EU does not have a trade agreement (referred to as a “third country”), they must comply with the requirements of that country, whether or not it includes e-marking in its regulations. It is important to note that if these e-prepackages find their way back into Europe through indirect routes, the responsibility lies with the packager.

Typically, the destination country enforces these requirements through the importer in their country, who conducts the inspection.

Some countries combine this with certification of the importer, which partially relies on what the packager in the Netherlands does to ensure that their prepackages meet the specifications.

For e-prepackages, it can sometimes be advantageous if the packager’s e-marking system has recently been recognized. Some packagers apply for annual recognition of their e-marking system for this reason. This, along with the results of inspections on imported products, can lead to an adjusted regime of import controls.

In all cases, it is the authorities of the third country that determine the exceptions and/or conditions that apply.