For an efficient market surveillance of online trade: suggestions for the better handling of fulfilment centres in the enforcement of EU harmonisation legislation

As the Commission considers a legislative proposal on enforcement and compliance in the Internal Market, Orgalime is advocating that steps be taken to enhance market surveillance of online trade – by providing the relevant Member State authorities with the means to take action against non-compliant products found on their markets, even in cases where the economic operator is not based within the EU.

We consider this necessary due to the difficulties faced by market surveillance authorities in enforcing EU product legislation with regard to fulfilment centres. These logistics service providers enable non-EU-based manufacturers to place products on the EU market, and have grown in importance with the rise of online trade. As they do not make products available on the Single Market under their own name or on their own behalf – a key requirement of EU product legislation – they cannot be held liable for the obligations set out in that legislation.

Therefore, we believe it is necessary to enable authorities to take action against any organisation facilitating the making available of non-compliant products, including fulfilment centres. This is crucial for ensuring product safety and compliance, while safeguarding the interests of legitimate manufacturers in the Single Market, particularly smaller firms.

Download our position paper to read more.