Delivering an ambitious European Product Act

Read more in our joint letter.

National market surveillance and customs authorities face increasing volumes with limited resources – making effective checks and enforcement ever more difficult. It is essential to allocate more resources to these authorities and encourage more cooperation. However, these measures alone will never be sufficient to address the scale of the challenge. We also need an ambitious European Product Act.

That is why, together with a coalition of 88 associations from industry and civil society, we call for: 

• For every product placed on the EU market, regardless of its sales channel or country of origin, a clearly identified economic operator must be established within the EU/EEA. This operator must be legally responsible for ensuring compliance with all applicable product, packaging, and Extended Producer Responsibility requirements. Without a responsible actor within EU jurisdiction, enforcement becomes ineffective and EU requirements effectively become optional for overseas sellers.
• Online platforms facilitating the sale of products on behalf of sellers established outside the EU must, before the products are listed for sale to EU consumers, ensure that another economic operator established within the EU/EEA has ensured the compliance of the individual products. If the platform cannot demonstrate that such operator exists, the platform shall be considered the responsible economic operator for the placing of the products on the market.
• Online platforms shall be deemed to be placing products on the EU market under EU product legislation where the conditions set out in Article 6(3) of the Digital Services Act are fulfilled.
• Online platforms shall be recognised as the responsible economic operator whenever there is no other liable economic operator established within the EU/EEA, or where such an operator cannot be identified or traced.