We, a coalition of 88 associations from industry and civil society, therefore, urge you to ensure
that the forthcoming European Product Act includes the following:
- 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.
