Source: EURLEX
Language: en
Format: md

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| 1.8.2017 | EN | Official Journal of the European Union | C 250/1 |

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COMMISSION NOTICE

on the market surveillance of products sold online

(Text with EEA relevance)

(2017/C 250/01)

Contents

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| INTRODUCTION | 2 |

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| PART A. | APPLICABLE LEGAL FRAMEWORK FOR PRODUCTS SOLD ONLINE | 3 |

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| 1. | THE CONCEPT OF ‘PLACING ON THE MARKET’ IN THE CONTEXT OF ONLINE SALES | 4 |

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| 1.1. | The concept of placing on the market in general | 4 |

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| 1.2. | The concept of ‘placing on the market’ in e-commerce | 5 |

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| 2. | ROLES AND RESPONSIBILITIES OF MARKET SURVEILLANCE AUTHORITIES | 6 |

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| 3. | ROLES AND RESPONSIBILITIES OF ECONOMIC OPERATORS | 6 |

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| 3.1. | Producers, manufacturers, authorised representatives, importers and distributors | 6 |

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| 3.2. | Fulfilment service providers | 6 |

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| 3.2.1. | The roles of fulfilment service providers in the online supply chain | 6 |

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| 3.2.2. | The responsibilities of fulfilment service providers in the online supply chain | 7 |

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| 3.3. | Other relevant actors | 9 |

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| 3.3.1. | The declarant under the Union Customs Code | 9 |

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| 3.3.2. | Online intermediary services providers | 9 |

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| 3.3.3. | Postal services providers | 11 |

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| PART B. | PRACTICAL ASPECTS OF MARKET SURVEILLANCE FOR PRODUCTS SOLD ONLINE | 11 |

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| 1. | GENERAL PRINCIPLES FOR MARKET SURVEILLANCE | 11 |

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| 2. | STRATEGY AND PLANNING OF ONLINE MARKET SURVEILLANCE | 12 |

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| 3. | THE ORGANISATION OF ONLINE MARKET SURVEILLANCE | 12 |

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| 4. | SPECIFIC FEATURES AND NEEDS OF ONLINE INVESTIGATIONS | 13 |

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| 5. | CORRECTIVE ACTIONS LINKED TO PRODUCTS SOLD ONLINE | 14 |

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| 5.1. | Corrective actions that depend on the economic operator's location | 14 |

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| 5.1.1. | If the economic operator is located in the authority's jurisdiction | 14 |

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| 5.1.2. | If the economic operator is located in the EU, but outside the authority's jurisdiction | 14 |

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| 5.1.3. | If the economic operator is located outside the EU | 15 |

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| 5.2. | Corrective actions specific to products sold online | 15 |

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| PART C. | RAISING AWARENESS AMONG CONSUMERS AND BUSINESSES OF THE SAFETY AND COMPLIANCE OF PRODUCTS SOLD ONLINE | 16 |

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| 1. | RAISING AWARENESS AMONG CONSUMERS | 16 |

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| 1.1. | What is useful for consumers to know? | 17 |

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| 1.2. | How should Member States inform consumers about product safety aspects to be considered when buying online? | 17 |

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| 1.2.1. | Authorities' websites | 17 |

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| 1.2.2. | Using the media and awareness raising campaigns | 18 |

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| 1.2.3. | Consumer complaints systems | 18 |

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| 2. | RAISING AWARENESS OF BUSINESSES | 18 |

INTRODUCTION

The internet has changed how consumers shop and businesses advertise and sell their goods and services. E-commerce enables consumers and businesses to interact differently and increases consumer welfare because of lower online prices and greater choice[(1)](#ntr1-C_2017250EN.01000101-E0001). E-commerce is experiencing rapid growth and has the potential to contribute considerably to the growth objectives of the European Union (EU)[(2)](#ntr2-C_2017250EN.01000101-E0002).

However, the development of e-commerce poses certain challenges regarding the protection of the health and safety of consumers and other end-users from dangerous non-food products and/or products that do not comply with the requirements set out in Union harmonisation legislation on products (‘non-compliant products’)[(3)](#ntr3-C_2017250EN.01000101-E0003). In this regard, and compared to offline, market surveillance authorities in the Member States face numerous difficulties, of which the following are examples:

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| (i) | difficulties with regard to tracing products offered for sale online and identifying the responsible economic operators; |

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| (ii) | the increase in the number of economic operators located outside the territory of the EU offering products for sale online; this includes sales directly to EU consumers and other end-users, renders the enforcement of product rules challenging; |

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| (iii) | challenges in conducting risk assessments or safety tests due to the lack of physical access to products; |

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| (iv) | difficulties in sampling products for testing, as relevant laws in certain Member States do not permit purchases to be made online or anonymous purchases (such as mystery shopping); |

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| (v) | challenges in the application of Directive 2001/95/EC of the European Parliament and of the Council on general product safety (General Product Safety Directive)[(4)](#ntr4-C_2017250EN.01000101-E0004) as well as of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products[(5)](#ntr5-C_2017250EN.01000101-E0005) related to the online environment; |

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| (vi) | lack of awareness among consumers and businesses about buying and selling safe and compliant products online. |

The objective of this Notice is to assist Member State authorities in the enforcement of EU legislation on the safety and compliance of non-food products. This document refers to tangible goods and excludes non-embedded software and applications. The Notice concerns the application of the General Product Safety Directive and of Regulation (EC) No 765/2008, the two main legislative acts governing market surveillance and safety and compliance of products in online sales. The Notice also sets out good practices for the market surveillance of products sold online and for communication with businesses and consumers.

Improved enforcement of EU rules for products sold online contributes to ensuring that non-food products are safe and compliant and further contributes to the protection of the health and safety of consumers or other end–users within the EU. Improved product safety and compliance in e-commerce increases trust in online markets and leads to e-commerce development. Better enforcement also helps ensure a level playing field among economic operators in the traditional and online supply chains and among operators located in and outside the EU. This Notice therefore contributes to one of the priorities of the Commission: the further development of the Digital Single Market.

This Notice is addressed to the Member States and to Iceland, Liechtenstein and Norway as signatories of the Agreement on the European Economic Area[(6)](#ntr6-C_2017250EN.01000101-E0006) (EEA). References to the EU, the Union or the Single Market should therefore be understood as referring to the EEA, or to the EEA market.

This Notice is intended to contribute to a better understanding of EU product legislation and to a more uniform and coherent application of that legislation in terms of products sold online. It takes into account discussions with Member State authorities and stakeholders in a collaborative process that extended from 2013 to 2016.

This Notice is intended purely as a guidance document — only the text of the Union legislation itself has legal force. It aims to provide advice based on the existing collective experiences and best practices. The information is of a general nature only and does not specifically address any particular individuals or entities.

Only the Court of Justice of the European Union is competent to authoritatively interpret EU law. The views expressed in this document cannot prejudge the position that the European Commission might take before the Court of Justice. Neither the European Commission nor any person acting on behalf of the European Commission is responsible for any use that may be made of the following information.

As this Notice reflects the state of the art at the time of drafting, the guidance offered may be modified at a later date.

PART A. APPLICABLE LEGAL FRAMEWORK FOR PRODUCTS SOLD ONLINE

Part A offers guidance on the application of the General Product Safety Directive and Regulation (EC) No 765/2008 to products[(7)](#ntr7-C_2017250EN.01000101-E0007) sold online.

The purpose of the General Product Safety Directive is to ensure that products placed on the Union market are safe. It sets out the requirements for organising and conducting market surveillance on the health and safety aspects of non-food consumer products. This includes products that are supplied or made available to consumers, for use by them, as part of a provision of services. It applies to all non-food consumer products as far as there are no specific provisions with the same objective in EU legislation governing the safety of the products concerned[(8)](#ntr8-C_2017250EN.01000101-E0008). As a result, it acts as a safety net as it covers consumer products not covered by more specific provisions of EU product legislation.

Regulation (EC) No 765/2008 which aims to ensure a high level of protection of public health and safety in general, health and safety of users in the workplace, the environment etc., sets out the requirements for organising and conducting of market surveillance of all consumer and non-consumer products covered by Union harmonisation legislation on products[(9)](#ntr9-C_2017250EN.01000101-E0009). Regulation (EC) No 765/2008 applies to all products insofar as there are no specific provisions with the same objective, nature or effect in other rules of Union harmonisation legislation[(10)](#ntr10-C_2017250EN.01000101-E0010). Moreover, sector specific legislation applies to online sales of energy products[(11)](#ntr11-C_2017250EN.01000101-E0011) to complement EU energy labelling and ecodesign regulations[(12)](#ntr12-C_2017250EN.01000101-E0012) that aim to reduce energy consumption and ensure consumer information.

For the General Product Safety Directive and Regulation (EC) No 765/2008 to be applicable, it must first be assessed whether or not the product is supplied in the context of a commercial activity. Products are supplied in the context of a commercial activity by way of online sales when they are offered for sale by an online operator[(13)](#ntr13-C_2017250EN.01000101-E0013) to consumers or other end-users in the EU. Generally, products are offered for sale online in return for payment. Nevertheless, the supply of products free of charge can under certain conditions also constitute a commercial activity[(14)](#ntr14-C_2017250EN.01000101-E0014). Consumer to consumer (C2C) sales are generally not considered commercial activities[(15)](#ntr15-C_2017250EN.01000101-E0015) and therefore are not governed by the General Product Safety Directive or by Regulation (EC) No 765/2008.

The following three main aspects of the EU legal framework are considered as the most relevant for online sales:

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| — | the concept of ‘placing on the market’; |

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| — | the responsibilities of market surveillance authorities; and |

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| — | the responsibilities of the economic operators concerned. |

The following chapters outline the interpretation of these three issues in relation to online sales.

1.   The concept of ‘placing on the market’ in the context of online sales

1.1.   
The concept of placing on the market in general

The General Product Safety Directive, Regulation (EC) No 765/2008 and Union harmonisation legislation apply, within their respective scopes, to products that are placed on the Union market irrespective of the selling techniques, including distance selling and online selling[(16)](#ntr16-C_2017250EN.01000101-E0016). Regardless of the selling technique, products must therefore be safe and comply with the applicable legislation when placed on the EU market.

Regulation (EC) No 765/2008 defines the term ‘placing on the market’ as ‘the first making available of a product on the [Union] market’ and defines the term ‘making available on the market’ as ‘any supply of a product for distribution, consumption or use on the [Union] market in the course of a commercial activity, whether in return for payment or free of charge’[(17)](#ntr17-C_2017250EN.01000101-E0017). These concepts have legal implications in terms of identifying responsible economic operators[(18)](#ntr18-C_2017250EN.01000101-E0018) and their respective obligations under the Union harmonisation legislation on products, as explained in detail in the ‘Blue Guide’[(19)](#ntr19-C_2017250EN.01000101-E0019).

The General Product Safety Directive does not use the term ‘first making available on the market’ and it uses the concepts of ‘placing on the market’, ‘supply’ and ‘making available’ indistinctly, without defining either concept[(20)](#ntr20-C_2017250EN.01000101-E0020)
[(21)](#ntr21-C_2017250EN.01000101-E0021). Under the General Product Safety Directive, the economic operators are identified based on whether their activity would affect the safety properties of the products[(22)](#ntr22-C_2017250EN.01000101-E0022). At the same time, in the context of the General Product Safety Directive, ‘placing on the market’ could be considered as covering the various stages of the supply chain, including the ‘first’ making available of the product on the market and also subsequent making available (for example by a distributor) or supply (for example in the context of providing a service[(23)](#ntr23-C_2017250EN.01000101-E0023)).

As a result, products covered by the Union harmonisation legislation and products covered by the General Product Safety Directive must be safe from the moment of their first being made available on the Union market[(24)](#ntr24-C_2017250EN.01000101-E0024).

1.2.   
The concept of ‘placing on the market’ in e-commerce

In the e-commerce business models, products can reach consumers or other end-users through different channels.

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|  | a) | The manufacturer[(25)](#ntr25-C_2017250EN.01000101-E0025), the importer[(26)](#ntr26-C_2017250EN.01000101-E0026), the distributor[(27)](#ntr27-C_2017250EN.01000101-E0027) or the producer[(28)](#ntr28-C_2017250EN.01000101-E0028) is established in the EU  If the manufacturer, the importer, the distributor or the producer is established in the EU, only the selling technique is different[(29)](#ntr29-C_2017250EN.01000101-E0029) compared to cases where products are offered in traditional brick-and-mortar shops. Products offered for sale online to consumers and other end-users on the Union market by the manufacturer, the importer, the distributor or the producer established in the EU are considered to be placed on the Union market. Therefore, they need to comply with the applicable EU product legislation. |

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|  | b) | The manufacturer[(30)](#ntr30-C_2017250EN.01000101-E0030), the importer[(31)](#ntr31-C_2017250EN.01000101-E0031), the distributor[(32)](#ntr32-C_2017250EN.01000101-E0032) and the producer[(33)](#ntr33-C_2017250EN.01000101-E0033) are established outside the EU  EU product legislation also applies to cases where online sellers based outside the EU target consumers or other end-users in the EU. As a result, if the producer, the manufacturer, the importer and the distributor are established outside the EU, it is necessary to first establish whether the offer from the online seller based outside the EU targets consumers or other end–users within the EU in order to assess whether a product is placed on the Union market.  The assessment must be done on a case-by-case basis by ascertaining whether it is apparent from the website and the online seller's overall activity that it intends selling products to consumers or other end-users in the Member States. The following aspects could be considered: the international nature of the activity, use of a language and currency (for example the euro) of the Member States, a domain name registered in one of the Member States, geographical areas to which dispatch is possible[(34)](#ntr34-C_2017250EN.01000101-E0034).  If an online operator delivers to addresses in the EU, accepts currencies used in the EU as payment for the product from consumers or other end–users within the EU and uses any EU language, the operator has directed its activities to EU consumers or other end-users in the EU.  The physical fulfilment to consumers or other end-users in the EU of an order for a product from a given online seller based outside the EU, including by a fulfilment service provider regardless of whether it is based in or outside the EU[(35)](#ntr35-C_2017250EN.01000101-E0035), gives irrefutable confirmation that a product is placed on the EU market. Member State authorities are empowered to take the necessary actions before the physical fulfilment of an order as implied by the wording of both the General Product Safety Directive and Regulation (EC) No 765/2008[(36)](#ntr36-C_2017250EN.01000101-E0036).  Thus, if the manufacturers, the distributors or the producers are based outside the EU and direct their offers of products for sale online to the Union market, they need to comply with the requirements of the applicable EU product legislation. |

2.   Roles and responsibilities of market surveillance authorities

The relevant authorities in the Member States are responsible for conducting market surveillance and competent for checking if products sold online are safe and comply with EU product legislation. In addition, for products purchased from web-shops operated from third countries and subsequently imported into the EU, the authorities responsible for external border controls also are competent[(37)](#ntr37-C_2017250EN.01000101-E0037) to intervene when it concerns the safety and compliance of the products[(38)](#ntr38-C_2017250EN.01000101-E0038).

3.   Roles and responsibilities of economic operators

Selling products online generates considerable differences compared to brick-and-mortar shops in terms of both the selling techniques and supply chains used. In this chapter, the different types of economic operators that play a role in the supply chains of products sold online must be analysed in light of the applicable EU legislation and possible enforcement actions of the competent market surveillance authorities.

3.1.   
Producers, manufacturers, authorised representatives, importers and distributors

The obligations of producers and distributors under the General Product Safety Directive also apply to products that are sold online[(39)](#ntr39-C_2017250EN.01000101-E0039). Producers must ensure that the products they place on the Union market are safe and distributors must act with due care to help ensure compliance with the applicable safety requirements[(40)](#ntr40-C_2017250EN.01000101-E0040). The Directive also specifies the range of measures which can be taken by Member State authorities against products covered by the Directive in a manner proportional to the seriousness of the risk and taking due account of the precautionary principle[(41)](#ntr41-C_2017250EN.01000101-E0041).

Union harmonisation legislation and Regulation (EC) No 765/2008 define[(42)](#ntr42-C_2017250EN.01000101-E0042) each category of actor involved in the product supply chain: the manufacturer, the authorised representative, the importer and the distributor. Their specific responsibilities are defined in the Union harmonisation legislation in proportion to their role and involvement in the supply chain. The manufacturer has the highest level of responsibility as it manufactures the product and, therefore, knows the product and is able to assess and manage all potential risks at the design and manufacturing stages. The importer[(43)](#ntr43-C_2017250EN.01000101-E0043) and distributor have less responsibility as they do not intervene in the production and conformity assessment phases. The ‘Blue Guide’ describes each category of economic operator in detail and provides information about their roles and obligations. This also applies to the online supply chain.

3.2.   
Fulfilment service providers

3.2.1.   The roles of fulfilment service providers in the online supply chain

Fulfilment service providers represent a new business model generated by e-commerce. These entities provide services to other economic operators. They generally store products and, after receiving the orders, package the products and ship them to customers. They may also deal with returns. There is a wide range of business models for delivering fulfilment services. Some fulfilment service providers offer extensive services, while others only provide a basic level of service. Their size and scale also differ, from global operators to micro businesses.

This new business model of fulfilment service providers raises questions linked to their responsibilities under the EU product legislation. This is the case especially when the economic operator providing the goods is located outside the EU and the agreement to supply the product is concluded directly between that economic operator and the consumer or other end-users in the EU, without any identifiable economic operator within the EU to be held accountable (for example, an importer or an authorised representative). In such a case, the only identifiable actor in the supply chain in the EU is often the fulfilment service provider. Experience has shown that their readiness to collaborate with authorities varies significantly.

Products offered by online operators can be stored by fulfilment service providers located in the EU to guarantee swift delivery to the EU consumers and other end-users. Accordingly, products stored by such fulfilment service providers could be considered to have been supplied for distribution, consumption or use in the Union market and, thus, placed on the Union market, especially if they have been released for free circulation before being stored in the fulfilment house[(44)](#ntr44-C_2017250EN.01000101-E0044).

3.2.2.   The responsibilities of fulfilment service providers in the online supply chain

To assess possible responsibilities of fulfilment services providers under the EU product legislation, national market surveillance authorities need to know if the fulfilment service provider is a responsible economic operator as defined by EU product legislation.

3.2.2.1.   Manufacturers within the meaning of Regulation (EC) No 765/2008 or producers within the meaning of the General Product Safety Directive

Manufacturers are defined as any natural or legal person who manufactures a product or has a product designed or manufactured, and places it on the market under his own name or trademark[(45)](#ntr45-C_2017250EN.01000101-E0045). Fulfilment service providers usually provide services for storing, packing and delivering products that have already been manufactured by an economic operator. However, if they present themselves as manufacturers by affixing their name or trademark on the products, fulfilment service providers should be considered as manufacturers within the meaning of Regulation (EC) No 765/2008.

If fulfilment service providers present themselves as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or if they recondition it, they should be considered as producers under the General Product Safety Directive[(46)](#ntr46-C_2017250EN.01000101-E0046). Moreover, in accordance with Article 2(e)(iii) of the General Product Safety Directive a professional in the supply chain is considered as a producer insofar as his activity may affect the safety properties of the product[(47)](#ntr47-C_2017250EN.01000101-E0047). To affect the safety properties of a product means in particular to modify its structure, composition or presentation in a way that poses a risk to health and safety of persons[(48)](#ntr48-C_2017250EN.01000101-E0048). Therefore, if fulfilment service providers are in the supply chain and their activities affect the safety properties of the product, they should be considered as producers under the General Product Safety Directive.

3.2.2.2.   Authorised representatives within the meaning of Regulation (EC) No 765/2008 or the manufacturers' representatives within the meaning of the General Product Safety Directive

Under Regulation (EC) No 765/2008, the authorised representative is any natural or legal person established in the EU who has received a written mandate from the manufacturer to act on his behalf in relation to specified tasks[(49)](#ntr49-C_2017250EN.01000101-E0049). Fulfilment service providers can be considered to be authorised representatives if they are located in the EU and have a formal written mandate from the economic operator that manufactures and markets the goods, authorising them to act on their behalf in relation to specific tasks.

For fulfilment service providers located in the EU to be considered as manufacturers' representatives under the General Product Safety Directive, they need to be specifically mandated as such by the manufacturer from the third country[(50)](#ntr50-C_2017250EN.01000101-E0050).

3.2.2.3.   Importers within the meaning of Regulation (EC) No 765/2008 and/or within the meaning of the General Product Safety Directive

Under Regulation (EC) No 765/2008, importers are defined as natural or legal persons established in the EU who place a product from a third country on the Union market[(51)](#ntr51-C_2017250EN.01000101-E0051). Fulfilment service providers do not place products they store on the market if they are not the ones first offering the products for distribution, consumption or use on the Union market. In such a case, fulfilment service providers only receive the products from the online vendor for subsequent services and are therefore unlikely to be considered as importers as defined by the Union harmonisation legislation on products. However, case-by-case analysis might show that fulfilment service providers are importers as defined by the Union harmonisation legislation[(52)](#ntr52-C_2017250EN.01000101-E0052).

Unlike Regulation (EC) No 765/2008, the General Product Safety Directive does not define the importer; it considers importers as producers under certain circumstances (in particular, if there is no representative of the manufacturer in the EU)[(53)](#ntr53-C_2017250EN.01000101-E0053). To allow effective application of this concept, fulfilment service providers can be considered as importers under the General Product Safety Directive if the products they store, label, package etc. come from outside the EU and they place them on the Union market.

3.2.2.4.   Distributors within the meaning of Regulation (EC) No 765/2008 and within the meaning of the General Product Safety Directive

Where they are not considered to be manufacturers, authorised representatives or importers, and their activities go beyond those of parcel service providers that provide clearance services, sorting, transport and delivery of parcels[(54)](#ntr54-C_2017250EN.01000101-E0054), fulfilment service providers are considered to be distributors within the meaning of Regulation (EC) No 765/2008.

Under the General Product Safety Directive, a distributor means any professional in the supply chain whose activity does not affect the safety properties of a product[(55)](#ntr55-C_2017250EN.01000101-E0055). Under Article 2(f) of the General Product Safety Directive, ‘affecting the safety properties of the product’ has the same meaning as under Article 2(e)(iii) of that Directive. If, after a case-by-case assessment of their specific activities, it is found that fulfilment service providers do not affect the safety properties of a product, under the General Product Safety Directive they can be considered as distributors in the supply chain unless their activities do not go beyond those of parcel service providers[(56)](#ntr56-C_2017250EN.01000101-E0056).

In practice, it means that fulfilment service providers that qualify as distributors have the following responsibilities based on the Union harmonisation legislation and the General Product Safety Directive:

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| (1) | Distributors[(57)](#ntr57-C_2017250EN.01000101-E0057) must act with due care when making products available on the market[(58)](#ntr58-C_2017250EN.01000101-E0058). This obligation refers to the behaviour of any reasonable and ordinarily prudent operator trying to prevent harm. Distributors must be able to demonstrate to market surveillance authorities that they have acted with due care[(59)](#ntr59-C_2017250EN.01000101-E0059). |

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| (2) | Distributors[(60)](#ntr60-C_2017250EN.01000101-E0060) have to verify, before making products available on the market:   |  |  | | --- | --- | | (a) | that products, if applicable, bear the CE marking (if eligible) or other legally required marking, |  |  |  | | --- | --- | | (b) | that necessary information accompanies the product (e.g. user safety instructions, the EU Declaration of Conformity), |  |  |  | | --- | --- | | (c) | that language requirements for labelling, user instructions and other accompanying documents are fulfilled, |  |  |  | | --- | --- | | (d) | that the traceability requirements as regards the manufacturer and the importer are fulfilled. | |

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| (3) | Distributors[(61)](#ntr61-C_2017250EN.01000101-E0061) have an obligation to cooperate with market surveillance authorities. Where applicable, they have to:   |  |  | | --- | --- | | (a) | initiate corrective measures where they consider or have reason to believe that products are non-compliant or dangerous[(62)](#ntr62-C_2017250EN.01000101-E0062), |  |  |  | | --- | --- | | (b) | assist market surveillance authorities in identifying the manufacturer or importer responsible for the product[(63)](#ntr63-C_2017250EN.01000101-E0063), |  |  |  | | --- | --- | | (c) | cooperate with the authorities and provide all the information and documentation necessary to demonstrate conformity upon reasoned request, and |  |  |  | | --- | --- | | (d) | identify any economic operator who has supplied the products and to whom they have supplied those products, over a period of 10 years (in the case of harmonised products) after they were supplied with the products or they supplied them. | |

In practice, this means that fulfilment service providers which qualify as distributors, as explained above, should be capable of identifying and contacting the manufacturer and any other online operator[(64)](#ntr64-C_2017250EN.01000101-E0064), should cooperate with authorities on any corrective measures and should initiate corrective actions to the extent possible (for example suspend delivery while contacting the manufacturer and any other online operator).

Finally, Article 8(4)(c) of the General Product Safety Directive allows Member State authorities to take measures addressed to any person (other than the producer or the distributor within the meaning of the General Product Safety Directive) where necessary, with a view to cooperation in action taken to avoid risks arising from a product, in line with the principle of proportionality[(65)](#ntr65-C_2017250EN.01000101-E0065).

3.3.   
Other relevant actors

3.3.1.   The declarant under the Union Customs Code

The declarant is the person who makes the customs declaration[(66)](#ntr66-C_2017250EN.01000101-E0066). Competent authorities can request declarants to cooperate when carrying out market surveillance activities.

Articles 188 and 189 of the Union Customs Code empower customs authorities to examine the customs declaration and the supporting documents, verify the accuracy of the information provided, require the declarant to provide any other documents, examine the goods and take samples. These operations are carried out under the responsibility of the declarant who also bears the cost.

3.3.2.   Online intermediary services providers

Economic operators can sell products directly to consumers or other end-users through web shops and can also use market places provided by online platforms[(67)](#ntr67-C_2017250EN.01000101-E0067).

The E-commerce Directive[(68)](#ntr68-C_2017250EN.01000101-E0068) establishes the general legal framework for electronic commerce in the EU. The obligations set out apply, inter alia, to online sellers of products and services or online advertisers, as long as they are providers of an information society service[(69)](#ntr69-C_2017250EN.01000101-E0069) that fall within the scope of that Directive. The E-commerce Directive is complemented by other EU legislation, in particular EU consumer and marketing law[(70)](#ntr70-C_2017250EN.01000101-E0070).

The E-commerce Directive also standardises the exemptions of liability for third party content that apply to those information society service providers which act as intermediaries. For that purpose it describes three different categories of services, of which hosting is the most relevant from a product safety and compliance point of view[(71)](#ntr71-C_2017250EN.01000101-E0071). Hosting is a service where an intermediary service provider, such as an online market place or an online platform[(72)](#ntr72-C_2017250EN.01000101-E0072), merely passively stores on its server — and makes it available to the public — information provided by the recipient of the service, such as an online seller of products.

Intermediary service providers carrying out hosting activities may benefit under certain conditions from an exemption of liability[(73)](#ntr73-C_2017250EN.01000101-E0073) for illegal information provided by third parties using their networks or illegal activities initiated by third parties, such as information constituting infringements of copyright or trademark or unfair commercial practices. While the E-commerce Directive does not define the concept of illegal information or activity, based on the Union harmonisation legislation and the General Product Safety Directive, this concept can also cover the offer of unsafe and/or non-compliant products[(74)](#ntr74-C_2017250EN.01000101-E0074).

However, the liability exemption is subject to specific conditions. It only applies if the intermediary service providers have no actual knowledge or awareness of the illegal activity or information hosted or, upon obtaining such knowledge or awareness (for instance by a ‘sufficiently precise and adequately substantiated’ notice[(75)](#ntr75-C_2017250EN.01000101-E0075)), they act expeditiously to remove or to disable access to it. If hosting service providers do not fulfil these conditions, they are not covered by the liability exemption and thus they can be held liable for the content they host.

The liability exemption set out in the E-commerce Directive does not prevent Member States from establishing procedures governing the removal or disabling of access to information[(76)](#ntr76-C_2017250EN.01000101-E0076).

Likewise, a court or an administrative authority, under Member States' legal systems, can require the information service provider to terminate or prevent an infringement by removing third party content and/or prevent the alleged infringements from re-occurring in future[(77)](#ntr77-C_2017250EN.01000101-E0077). In this sense, public authorities can establish specific monitoring requirements, provided their scope is clearly targeted as described in Section 5.2 of Part B of this Notice.

However, under current legal basis, Member States cannot impose either a general obligation on online intermediaries, such as the providers of hosting services, to monitor the content or a general obligation to actively seek the facts or circumstances indicating illegal activity.

This means, for instance, that national authorities cannot establish a general obligation for such intermediaries to actively monitor their entire internet traffic and seek parts that indicate illegal activities such as offering non-compliant or dangerous products for sale[(78)](#ntr78-C_2017250EN.01000101-E0078). This has been further clarified by the Court of Justice of the European Union[(79)](#ntr79-C_2017250EN.01000101-E0079).

In the context of market surveillance activities based on the application of the General Product Safety Directive, Regulation (EC) No 765/2008 and relevant Union harmonisation legislation, the provisions of the E-commerce Directive apply in cases where unsafe and/or non-compliant products are sold through an online intermediary service provider. Regardless of any action taken against an online intermediary service provider, market surveillance authorities should perform market surveillance based on the applicable provisions of the General Product Safety Directive, Regulation (EC) No 765/2008 and relevant Union harmonisation legislation and also target the actors in the supply chain (as regards the General Product Safety Directive, for example, the producer or the distributor, as appropriate[(80)](#ntr80-C_2017250EN.01000101-E0080)). Market surveillance authorities may assess the most appropriate action to be taken on a case-by-case basis and with a view to the principle of the proportionality. This would take into account the level of the risk, if the economic operator is identifiable, the urgency, if measures had been taken previously against the given product, etc[(81)](#ntr81-C_2017250EN.01000101-E0081).

3.3.3.   Postal services providers

The Postal Services Directive does not cover restricted and prohibited goods. However, Member States may impose conditions on the supply of postal services to guarantee compliance with essential requirements such as the security of the network concerning the transport of dangerous goods[(82)](#ntr82-C_2017250EN.01000101-E0082). Because postal services must guarantee the confidentiality of correspondence and of the postal items they deliver, in principle they are not liable for the content they are delivering. Nevertheless, the work of postal service providers can be affected by product controls, as packages containing products ordered from third countries going through customs procedures can be opened and verified by customs authorities[(83)](#ntr83-C_2017250EN.01000101-E0083).

PART B. PRACTICAL ASPECTS OF MARKET SURVEILLANCE FOR PRODUCTS SOLD ONLINE

This part provides advice and some examples of good practices for Member State authorities on the market surveillance of products offered for sale online to consumers or other end–users within the EU, based mainly on current practice[(84)](#ntr84-C_2017250EN.01000101-E0084).

1.   General principles for market surveillance

Member State authorities must bear in mind certain general principles when conducting market surveillance activities applicable to both traditional and online market surveillance activities.

The principle of proportionality[(85)](#ntr85-C_2017250EN.01000101-E0085) requires authorities to take measures proportional to the seriousness of the risk posed by the product[(86)](#ntr86-C_2017250EN.01000101-E0086) and/or the severity of the non-compliance[(87)](#ntr87-C_2017250EN.01000101-E0087). At the same time, due account must be taken of the precautionary principle.

Furthermore, market surveillance should target by way of priority the most relevant actors in the supply chain and request corrective actions in particular from those (either the manufacturer/producer or importer) responsible for placing a product on the Union market. That request should be made before or in parallel with addressing the distributor who is further downstream in the supply chain.

Furthermore, authorities from different Member States should cooperate for effective market surveillance[(88)](#ntr88-C_2017250EN.01000101-E0088). This is especially relevant considering the cross border nature of e-commerce.

2.   Strategy and planning of online market surveillance

In order to ensure the effective organisation of market surveillance activities, it is useful for Member State authorities to establish a market surveillance strategy for products offered for sale online to balance their task of monitoring a wide range of products online with the resources available to carry out checks. That strategy should set out priorities for their surveillance activities and allocate resources accordingly. The strategy should take into account that Member State authorities can carry out market surveillance proactively and reactively.

When conducting market surveillance proactively, authorities control certain categories of products or certain economic operators based on their own initiative and risk-related criteria. Market surveillance authorities should prioritise controls by targeting those economic operators that are causing the most harm within that authority's jurisdiction.

When Member State authorities carry out market surveillance reactively, it is after they receive information about online offers of dangerous and non-compliant products. Reactive market surveillance can be conducted by using various information sources. An effective way of carrying this out is to check if the dangerous products notified in the EU Rapid Alert System for dangerous non-food products are sold online[(89)](#ntr89-C_2017250EN.01000101-E0089). Other information sources that can be used for this purpose include the Organisation for Economic Cooperation and Development (OECD) global portal on product recalls[(90)](#ntr90-C_2017250EN.01000101-E0090), consumer complaints, and information received from other authorities, economic operators and the media.

3.   The organisation of online market surveillance

Controls on products sold online call for some specific practical changes to the traditional way market surveillance is organised by Member State authorities.

Based on the experience of some Member States, designating central units for monitoring and tracing dangerous and non-compliant products sold online can help ensure the efficient use of resources available for market surveillance authorities[(91)](#ntr91-C_2017250EN.01000101-E0091)
[(92)](#ntr92-C_2017250EN.01000101-E0092). Once dangerous and non-compliant products and the relevant economic operator are identified by the online surveillance unit, the follow-up can be done by the competent inspectors.

Online inspectors should have specific knowledge and awareness of the online environment and investigations to be efficient in detecting dangerous and non-compliant products. In this respect, developing specific standard operating procedures and guidelines for Member States' market surveillance of products sold online can:

|  |  |
| --- | --- |
| — | help market surveillance officers to store and find relevant information specific to online investigations in one place in a structured way; |

|  |  |
| --- | --- |
| — | increase the efficiency of their activities[(93)](#ntr93-C_2017250EN.01000101-E0093). |

To complement this, Member State authorities should engage in training and information exchanges amongst themselves, together with the European Commission, on best practices for online investigations.

Online investigations linked to enforcing product safety laws and to legislation on enforcing consumers' economic interests[(94)](#ntr94-C_2017250EN.01000101-E0094) have many common characteristics. They often address the same type of websites or even the same economic operators. Therefore, it can prove efficient for online investigations linked to both areas to be conducted by the same centralised units. In particular, it can be useful when the same Member State authority is responsible for these policy areas, which is the case today in the majority of Member States. Due to the similarities of these online investigations, guidance established in one consumer policy area can also be useful in the other policy areas.

4.   Specific features and needs of online investigations

Once the appropriate online market surveillance strategy, planning and organisation have been established Member State authorities will conduct online investigations more efficiently. When online investigations are carried out, some specific features and needs have to be considered.

One of the major differences between investigations online and those in traditional supply chains is the authorities' access to the physical products. In online investigations, authorities need to check the information available on the website where the product is offered for sale and, if there are doubts about compliance, they need to sample products. In traditional supply chains authorities can relatively easily access product samples from the distribution chain. This is not the case for online products. If a product stock is available in the particular Member State, sampling can be straightforward. However, if the product stock is only available in another Member State, cross-border cooperation should be used to receive samples for testing or it should be agreed that tests are carried out where the products are. Authorities also need to purchase product samples online and to this end Member States' market surveillance authorities could perform ‘mystery shopping’ given the investigative advantage of market surveillance authorities obtaining samples anonymously, as a normal customer would[(95)](#ntr95-C_2017250EN.01000101-E0095).

Another major difference between investigations online and in traditional supply chains relates to the challenges of finding the responsible economic operators in order to request further information from them, sample products and to carry out further market surveillance actions. If information is not readily available, finding the economic operators offering products for sale online can be the most challenging part of online investigations. Therefore, market surveillance authorities should use available tools to request data needed to identify economic operators from relevant information sources including the internet service providers, domain name registries[(96)](#ntr96-C_2017250EN.01000101-E0096), payment service providers, intermediaries (e.g. platforms), fulfilment service providers.

When trying to get data on a particular economic operator, market surveillance authorities must take into account personal data protection rules (see the Data Protection Directive[(97)](#ntr97-C_2017250EN.01000101-E0097) and from 25 May 2018 the General Data Protection Regulation[(98)](#ntr98-C_2017250EN.01000101-E0098) and the E-Privacy Directive[(99)](#ntr99-C_2017250EN.01000101-E0099)). National authorities have to comply with the applicable rules, thus, it is recommended that their competent national data protection supervisory authorities verify such processes[(100)](#ntr100-C_2017250EN.01000101-E0100).

Finally, during online investigations, Member State authorities might need to collect relevant evidence on dangerous and non-compliant products. Evidence gathering methods should take into account that online information can be instantly altered and removed from the internet. Various technical tools available can ensure that evidence linked to online investigations is appropriately recorded, stored and can be used in any proceedings that may follow.

5.   Corrective actions linked to products sold online

Member State authorities need to take corrective actions against dangerous and non-compliant products sold online. In cross-border situations this may require cooperation from authorities other than the authorities of the Member State concerned.

5.1.   
Corrective actions that depend on the economic operator's location

The enforcement powers of national market surveillance authorities are limited to their jurisdictions. Therefore, the possibilities for and effectiveness of the corrective action taken by national authorities vary depending on where the economic operator is located. This section describes what actions Member States authorities can take depending on the location of the identified economic operator supplying dangerous and non-compliant products and how authorities can cooperate.

5.1.1.   If the economic operator is located in the authority's jurisdiction

If the economic operator is located within the authority's jurisdiction, the authority can take actions based on its competence. After identifying the economic operator, the authority can require any documentation from it which could demonstrate compliance (for example, EU Declaration of Conformity, relevant technical documentation, test reports, etc.) and take corrective actions as required[(101)](#ntr101-C_2017250EN.01000101-E0101).

5.1.2.   If the economic operator is located in the EU, but outside the authority's jurisdiction

If online surveillance shows that dangerous and non-compliant products are being offered for sale by an online vendor located within the EU, but outside the investigating authority's jurisdiction, national authorities should also first contact the relevant economic operators directly to get information necessary for the investigation or request corrective action following a finding of non-compliance[(102)](#ntr102-C_2017250EN.01000101-E0102).

If the economic operator does not cooperate, the national authority is recommended to make use of cross-border cooperation in the following way[(103)](#ntr103-C_2017250EN.01000101-E0103):

|  |  |
| --- | --- |
| — | if country A's market surveillance authority needs information to complete the compliance evaluation from economic operators in country B and the economic operator does not reply to the request for documentation, then country A's market surveillance authority can request the assistance of country B's market surveillance authority[(104)](#ntr104-C_2017250EN.01000101-E0104); |

|  |  |
| --- | --- |
| — | if the economic operator does not voluntarily take corrective action, country A's market surveillance authority[(105)](#ntr105-C_2017250EN.01000101-E0105) would (i) take compulsory measures concerning the products made available online within that given authority's jurisdiction regardless of the economic operator being located in country B[(106)](#ntr106-C_2017250EN.01000101-E0106) and (ii) notify the measures as appropriate via the Information and Communication System for the pan-European Market Surveillance (ICSMS)[(107)](#ntr107-C_2017250EN.01000101-E0107)/Rapid Alert System for dangerous non-food products (RAPEX). The market surveillance authorities of the other Member States would be expected to take follow-up measures, notify them for the purpose of RAPEX and/or the safeguard clause procedure and specifically the market surveillance authority of country B would be expected to contact the manufacturer/EU importer and request corrective action in relation to all relevant products[(108)](#ntr108-C_2017250EN.01000101-E0108). |

The Commission facilitates this cooperation by providing a contact list of the relevant Member State authorities in case cross-border collaboration is needed[(109)](#ntr109-C_2017250EN.01000101-E0109).

5.1.3.   If the economic operator is located outside the EU

If an economic operator is located outside the EU, Member State authorities have certain possibilities to enforce actions against them. These economic operators should be made aware that products offered for sale online to EU customers have to comply with EU requirements. They should also be informed of their obligations and they should be requested to remedy any instances of non-compliance. Member States can block webpages offering dangerous or non-compliant products, if necessary. In particular, points (d) and (e) of Article 8(1) of the General Product Safety Directive allow Member States to take specific measures to this end. Similarly, further to Article 16(2) of Regulation (EC) No 765/2008, market surveillance authorities can take the necessary measures to withdraw, prohibit or restrict products from being made available on the market.

Cooperation with authorities in other jurisdictions can provide tools to address such cases. Therefore, Member States are encouraged to pursue cooperation with the competent authorities in third countries. Member States are encouraged to inform the Commission about such cooperation activities. This is important in particular for issues that may need a coordinated approach at EU level, in order to facilitate cooperation on investigations linked to the safety and compliance of products offered for sale online to consumers or other end–users within the EU. Member States should indicate in the notifications of dangerous products transmitted through the Rapid Alert System if the product was sold online from a third country and through which web shop or online platform.

A specific product safety international cooperation framework already exists in the form of the RAPEX-China system established between the Services of the European Commission and the Chinese General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)[(110)](#ntr110-C_2017250EN.01000101-E0110).

Where products offered for sale online enter the EU from third countries, cooperation between market surveillance authorities and customs should also be sought to control and stop shipments of products at the border[(111)](#ntr111-C_2017250EN.01000101-E0111)
[(112)](#ntr112-C_2017250EN.01000101-E0112). This is crucial when a shipment directly arrives from outside the EU to an EU customer and where no economic operator is present in the EU.

5.2.   
Corrective actions specific to products sold online

Where products are offered for sale online, national law can in some cases permit market surveillance authorities to request specific corrective actions from online intermediary service providers (for example providers of hosting services, such as online platforms) to remove or disable access to information concerning non-compliant and unsafe products from their website. This includes cases when the sellers are located outside the EU. This is called the ‘notice and action’ procedure[(113)](#ntr113-C_2017250EN.01000101-E0113).

Although the E-commerce Directive does not establish this procedure as such, it can be seen as serving as its basis, as far as the conditions for benefiting from the liability exemption set out in Article 14(1) of that Directive as regards knowledge and awareness and subsequent removal or disabling of access to information are concerned. Market surveillance authorities should be entrusted with powers and resources to use these ‘notice and action’ procedures directly or establish cooperation with their national authorities competent for the implementation of the E-commerce Directive[(114)](#ntr114-C_2017250EN.01000101-E0114).

In as far as the intermediary wishes to benefit from the liability exemption of Article 14(1) of the E-commerce Directive, the online intermediary concerned is obliged to act expeditiously to remove or disable access to illegal information after being notified, for instance concerning an unsafe or non-compliant product[(115)](#ntr115-C_2017250EN.01000101-E0115). For these purposes, authorities submitting a notification would need to provide enough information so that the intermediary service providers can reasonably identify the illegal information concerned.

Also, while Article 15(1) of the E-commerce Directive prohibits imposing a general obligation to monitor or to actively engage in fact-finding, that Article sets out that Member States may establish obligations for intermediaries to promptly inform the competent authorities of alleged illegal activities undertaken or information provided by recipients of their service. Intermediaries may also be obliged to pass on information to the competent authorities, at their request, which enables the identification of recipients of their service with whom they have storage agreements.

In order to help intermediaries to effectively react and take information about the offer for sale of unsafe or non-compliant products off their website, it is advisable that Member State authorities establish close contacts allowing rapid response with key intermediaries that provide hosting services for products sold online.

In addition to any ‘notice and action’ procedure for which national law may provide, some EU market surveillance authorities can also block and take down certain websites, on the basis of their respective national legal frameworks.

Finally, as regards the special features of management of product safety in e-commerce, it should be noted that online purchases have the advantage of easily identifying consumers and other end-users, as their contact details are made available when shopping online. This means that customers could be reached more effectively by the relevant economic operators if corrective action, such as a product recall, is needed[(116)](#ntr116-C_2017250EN.01000101-E0116).

PART C. RAISING AWARENESS AMONG CONSUMERS AND BUSINESSES OF THE SAFETY AND COMPLIANCE OF PRODUCTS SOLD ONLINE

This part provides best practice for Member State authorities on raising the awareness of consumers and businesses about the challenges posed by dangerous and non-compliant products sold online.

1.   Raising awareness among consumers

One way to prevent consumers from being exposed to health, safety and other risks from products purchased online is to raise their awareness of the challenges linked to online purchases and to empower them to make well-informed decisions.

Authorities are advised to improve consumer protection by complementing their surveillance and enforcement activities with communication activities addressed to consumers.

Authorities could develop their communication and information toolkit for consumers based on the premise that, in general, consumers expect that the products they buy online are safe and comply with the relevant rules. Consumers do not immediately see the possible risks involved in online buying[(117)](#ntr117-C_2017250EN.01000101-E0117).

This chapter attempts to address two aspects relevant to the raising awareness of consumers: what is useful for consumers to know and how could Member State authorities inform consumers. These suggestions can be used in possible information campaigns for consumers.

1.1.   
What is useful for consumers to know?

From a product safety and compliance perspective, Member State authorities can take actions to ensure that consumers are at least informed of the following essential aspects as regards the online sales of consumer products:

|  |  |
| --- | --- |
| — | consumer products (offered both online and in traditional shops) are subject to a wide range of legal requirements aiming to ensure that products present no health, safety or other risks for consumers; |

|  |  |
| --- | --- |
| — | consumers, when shopping online, should be encouraged to check if the required information on the product is there, for example, warnings and traceability information (such as the address and contact information of the manufacturer and also, where applicable, the importer)[(118)](#ntr118-C_2017250EN.01000101-E0118); |

|  |  |
| --- | --- |
| — | market surveillance authorities in EU Member States are responsible, within their remit for monitoring the market to ensure that products offered for sale are safe and compliant with applicable requirements.; |

|  |  |  |  |  |  |  |  |
| --- | --- | --- | --- | --- | --- | --- | --- |
| — | to minimise the risks of buying unsafe products online, consumers could:   |  |  | | --- | --- | | — | check whether the product they want to purchase was subject to restrictive measures such as a recall, for example, on the RAPEX website[(119)](#ntr119-C_2017250EN.01000101-E0119), on the Organisation for Economic Cooperation and Development (OECD) portal on product recalls[(120)](#ntr120-C_2017250EN.01000101-E0120) or any national recalls listings; |  |  |  | | --- | --- | | — | double-check the information provided by the online seller with the information provided on the manufacturer's website[(121)](#ntr121-C_2017250EN.01000101-E0121); |  |  |  | | --- | --- | | — | contact the seller or the website to try to find out if the product complies with relevant EU requirements; | |

|  |  |
| --- | --- |
| — | consumers should be informed about possible tools that can be used to submit complaints and to report safety problems or other issues of non-compliance with products purchased online to authorities. They should also be informed of their rights as consumers when the product is recalled. |

Further detailed sector-specific information could be provided for product categories where serious risks, accidents and injuries are more prone to occur[(122)](#ntr122-C_2017250EN.01000101-E0122).

1.2.   
How should Member States inform consumers about product safety aspects to be considered when buying online?

This section describes specific consumer information tools and best practices which are already used by several Member States to provide consumers with information related to product safety online.

1.2.1.   Authorities' websites

Authorities' websites could provide concise and up-to-date information about product safety laws and rights of consumers, rights and obligations of economic actors. Those websites could give a clear space where consumers could introduce safety and/or non–compliance complaints linked to product sold online.

1.2.2.   Using the media and awareness raising campaigns

Authorities could make use of the media and the internet to promote key messages to consumers. The media used to convey messages to a wide target audience could include well-established television programmes, specialised websites, printed press, including consumer magazines.

Very often, as product safety related problems reach news headlines, authorities are contacted by the press for comments and interviews. This could provide an opportunity for authorities to highlight key issues to consumers on buying products online[(123)](#ntr123-C_2017250EN.01000101-E0123).

Authorities are also encouraged to set up awareness raising campaigns, including in social media, focusing on the safety and compliance of products sold online. Authorities could include information on the aspects to be taken into account for safe online shopping.

1.2.3.   Consumer complaints systems

Consumer complaints systems are important for market surveillance authorities as they highlight dangerous and non-compliant products as well as the concerns and needs of the consumers[(124)](#ntr124-C_2017250EN.01000101-E0124). Complaints are a good source of information for planning surveillance and consumer information activities. National authorities could provide clear information to consumers on a) when to make a complaint, b) how to make a complaint and c) which authority is responsible for handling the complaint.

Member States could ensure that consumer complaints systems are available online for dangerous and non-compliant products sold online, taking into account the Commission Recommendation for the use of a harmonised methodology for classifying and reporting complaints and enquiries from the EU consumers[(125)](#ntr125-C_2017250EN.01000101-E0125).

2.   Raising awareness of businesses

Although it is the economic operators' responsibility to comply with EU rules, raising businesses' awareness on the requirements they need to meet helps ensuring that safe and compliant products reach consumers. The availability of information about applicable rules generally contributes to the presence of safer products on the market, as it influences and enhances the economic operator's compliance behaviour. A compliant profile offers a lot of advantages for economic operators; it contributes to using their resources efficiently, saving on costs related to corrective measures and avoiding loss of reputation.

Raising businesses' awareness usually starts with giving them easy access to basic information on applicable requirements and on how to comply with the requirements. In the interests of efficiency, information can be provided on specific sectors or products. In this respect, classic information campaigns, safety and compliance related seminars, etc. can be adapted to the online environment[(126)](#ntr126-C_2017250EN.01000101-E0126).

Another way of reaching businesses is via specific guidelines addressed to them. Such guidelines could underline all useful information on how to sell safe and compliant goods online in a specific area, which are the requirements to be fulfilled and what kind of responsibility the online operator bears. This can also highlight the penalties and sanctions online operators may face in case they violate of the applicable legislation[(127)](#ntr127-C_2017250EN.01000101-E0127).

As consumer products available on the EU market are also coming from outside the EU, it is important to reach out to businesses operating from abroad, e.g. web shops located outside the EU. One measure could be to ensure that the information developed for EU businesses is accessible and promoted to those businesses located outside the EU at e.g. trade fairs and to relevant chambers of commerce, trade promotion and information centres and local authorities that can inform economic operators in third countries.

Cooperation with online platforms can be helpful in distributing/conveying relevant information to businesses that offer consumer products on their platform to EU consumers.

Moreover, ideally coordinated or organised seminars on the EU level could be given in key partner countries in cooperation with the local authorities to better ensure that the information reaches the right companies. Specific training for importers could also prove useful.

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