Joint Statement - European Stakeholders United for a Level Playing Field for Online Marketplaces and Effective Enforcement

It is a priority to close legal loopholes in the regulation and enforcement of online trade via online marketplaces during the 2024-2029 mandate. Insufficient responsibilities for online marketplaces and the ineffective enforcement of existing EU requirements harm the environment, consumers, the competitiveness of European businesses, the functioning of the internal market, and the credibility and impact of EU legislation. 

While we understand that the role of online marketplaces is significant for EU’s economy, we want to draw attention to the ever-increasing number of non-compliant products available on the EU market through online marketplaces.

The massive direct imports via online marketplaces are very relevant in the EU internal market. However, insufficient responsibilities for online marketplaces and the ineffective enforcement of existing EU requirements harm the environment, consumers, the competitiveness of European businesses, the functioning of the internal market, and the credibility and impact of EU legislation, as for example in the Green Deal and traditional product and chemical legislation. 

Neither the Digital Services Act (DSA), nor Product Safety legislation or the Green Deal have addressed this critical loophole: Online marketplaces are not considered economic operators nor to be placing products on the market.

We urge to address this loophole, and we propose some recommendations, to ensure that EU legislation ensures that all operators in the EU Internal Market comply with EU standards, fostering a fair and competitive European market, preventing unfair practices and enhancing enforcement by both Member States and European authorities. Those recommendations are:

• Recognition of online marketplaces as economic operators, and recognition that the online marketplaces are considered to be placing the products on the market if there is no other economic operator in the EU that can be considered to have placed the product on the EU market;
• Enhanced Obligations for online marketplaces;
• Improved Product Traceability;
• Equip Customs Authorities with better rules to stop illegal imports through small packages;

Thanking you for your consideration, we remain at your disposal should you have any question. Please note that the statement is attached and also available here.

Yours sincerely,
Elena Scaroni, Secretary-General of LightingEurope

on behalf of the undersigned signatories

• AGID
• Applia
• Assil
• Assoluce
• BBLV
• BITVA
• Continual
• Danish Association of Play
• Danish Chamber of Commerce
• Danish Consumer Council
• Danish Fashion & Textile
• Danish Publishers
• Danish Rights Alliance
• Danmarks Nature
• DUH
• Dutch Toy Industry federation
• DVSI
• Ecologists Without Borders Association
• Ecos
• EEB
• EFIC
• Eucolight
• EURATEX
• European Ventilation Association
• Expra
• Fair Resources Foundation
• French Toy Association
• Friends of the Earth France
• Fundación Vida Sostenible
• Humusz
• Ifixit
• INCIEN - Inštitút cirkulárnej ekonomiky
• Institute Circular Economy Lithuania
• LAI
• LIA
• Lifestyle and design cluster
• LightingEurope
• Merk
• NLA
• Polish Association of Lighting Industry
• Polish Zero Waste Association
• PZPO
• Repair&Share
• Royal Danish Academy
• Spanish Association of Toy Manufacturers
• Swedish association of technologies
• Swedish Commerce
• Swedish lighting industry
• Swedish Textile and Fashion Industries
• Swedish Toy and Baby Association
• Syndicat du Luminaire
• Textiles Revolution
• TIE
• Umweltdachverband
• Virke, the Norwegian Federation of Commerce
• Voice Of Irish Concern for the Environment, VOICE
• WEEE Forum
• ZERO
• Zero Waste Europe