The European Footwear Confederation (CEC), together with 63 other European entities, have urged the EU to close regulatory loopholes that allow unsafe, non-compliant products from non-EU sellers to reach consumers via online marketplaces. By ILM.

As e-commerce expands, these platforms have become key gateways for developing countries’ goods, often bypassing EU requirements that an EU-based economic operator ensures, like product and packaging compliance. With rising e-commerce volumes (4.6 billion small parcels annually), especially during sales peaks like Black Friday or Christmas-period shopping, this loophole poses growing risks to consumer safety, environmental goals and fair competition.

Currently, online marketplaces are not legally recognised as economic operators, so they are only required to act when informed of non-compliance. The Digital Services Act, General Product Safety Regulation and Green Deal have not resolved this gap.

According to the group, made up of EU policymakers, environmental and consumer NGOs, industry and retail and wholesale groups, the following is needed:

• All products sold in the EU must have an EU-based operator that is legally responsible for their full compliance.
• Online marketplaces must be recognised as economic operators, which ensures they are legally responsible for products from unreachable or non-EU sellers.
• Online marketplaces must verify product compliance, enforce seller traceability, ensure and assume EPR responsibilities and be held liable for non-compliance.
• For strengthened product and seller traceability, there must be EU databases and strictly enforced DSA requirements.
• For strengthened customs for small parcel imports, the EU should adopt the ‘deemed importer’ rule, abolish the De Minimis threshold, and tighten oversight of small parcel imports to ensure compliance.
• For strengthened enforcement of existing EU rules, resources and stronger EU-level enforcement is needed to police non-EU sellers and block non-compliant online marketplace goods.

Examples and data

Recent data presented in the joint statement highlights widespread non-compliance in EU online marketplaces: courts have ruled against Intense Pulsed Light (IPL) device sellers for lacking EU-authorised representatives; a 2024 Lighting Europe mystery shopper study found 100% of inspected lamps and LED products were non-compliant; Germany’s mandatory WEEE checks doubled registrations, showing improved compliance when enforced; Eunomia found 5–10% of online electronics sales avoid EPR fees, totalling 460,000–920,000 tons annually; and a 2024 TIE study revealed 80% of toys from third-party sellers fail EU safety standards, posing risks to children.