Companies from third countries are subject to significantly less stringent product safety requirements than European companies. While EU companies are obliged to only offer safe products, those responsible for third-country products only have to check the technical documentation. However, this is often incomplete, particularly with regard to risk analyses, which makes the work of market surveillance authorities more difficult. This not only leads to competitive disadvantages for European suppliers, but also to problems for consumers. Even the popular press is now tirelessly reporting that local sellers are under threat from "online junk".
As Anna Cavazzini, Member of the European Parliament, reports on her website, the European Commission is planning a strategy for online trade in order to ensure fair competition and enforce the high standard of consumer protection in the EU more effectively. It focuses on twelve proposals aimed at tackling the challenges of online trade for the benefit of consumers, European businesses and environmental protection. Here is a summary of the 12 proposals:
- Increase the responsibility of non-EU companies: Authorised representatives of third-country suppliers should be legally and financially liable for breaches of the rules to ensure consumer rights.
- Stricter obligations for online marketplaces: Introduce additional obligations for non-compliance with product and safety standards.
- Ensure compensation: Consumers are to be compensated by ad hoc funds in the event of damage if no responsible party is liable.
- Systematic checks by marketplaces: Platforms should regularly check their products for security risks on a random basis.
- Consistent implementation of the Digital Services Act (DSA): Illegal products and content must be removed more quickly and offences must be punished consistently – for example with the help of trusted flaggers.
- More resources for market surveillance and customs: Authorities are to be strengthened through additional resources and cross-border cooperation.
- Advancing the reform of the Customs Code: Centralised processes and a new EU customs authority to better assess and manage risks.
- Special status for online marketplaces at customs: Marketplaces are to be held responsible as "Deemed Importers" for the conformity of their products.
- Abolition of the 150-euro duty-free limit: This regulation is to be abolished in order to reduce competitive advantages for third-country platforms.
- Improved VAT regulations: The abolition of the duty-free limit is to be accompanied by adapted VAT regulations.
- Promote sustainable consumption: Introduce stricter information and labelling requirements for more environmentally friendly consumer choices.
- Protection against manipulative practices: New rules are designed to prevent dark patterns and other misleading methods used by platforms such as Shein and Temu.
Do you sell products on online marketplaces and want to be on the safe side when it comes to product conformity and product safety? The trade-e-bility consulting team will be happy to answer your questions: +49/40/750687-300 or beratung@trade-e-bility.de.
