Danish non-paper regarding article 15 and 20 – Improving the safety of products sold on online
marketplaces
The GPSR proposal includes many steps in the right direction to ensure fair, future-proof, and technology-
neutral product safety rules that support innovation while addressing the current product safety challenges,
including those posed by the emergence of new business models such as online marketplaces.
However, Denmark regrets that the current text in article 20 does not contain obligations for online
marketplaces that fully reflect their important role in the product distribution chain by upholding their
exemption from liability. Preserving this exemption in the area of product safety will continue to allow sellers
from third countries with no prior experience of the EU’s consumer and product safety rules to target EU
consumers without an economic operator in the EU being responsible for the legality and safety of the
product
before
it is placed on the market.
Despite the noble intention of article 9 and 15 to remedy this issue, these fall short of what is needed to
adequately uphold the fundamental principle where products are only placed on the Single Market if there
is an economic operator in the EU. Derogation from this fundamental principle does not only put consumers
in danger, it also distorts competition to the detriment of compliant European economic operators.
Moreover, it further complicates market surveillance authorities’ task of removing all non-compliant
products given the scale and ease of which products can continue to be made available through online
marketplaces.
To remedy this situation, the revision of the GPSD should explicitly impose additional and complementary
obligations on online marketplaces that match their key role in the product distribution chain. These
obligations should include both proactive and reactive measures applicable for all products regulated under
the GPSR, including those that are subject to harmonisation legislation, in order to ensure a high level of
consumer protection and level playing field between all online and offline businesses.
Hence, we suggest that online marketplaces should assume the same obligations as importers when they
facilitate the import of goods into the Single Market and no other economic operator within the EU is
responsible for the product’s safety. This will require online marketplaces to ensure that the products made
available on their platforms are compliant with the general safety requirement laid down in Article 5 or any
safety requirement set out in Union harmonisation legislation when no other economic operator is available
within the Single Market to ensure this. Likewise, online marketplaces should not allow a product to be placed
on the market when it considers or has reason to believe that the product is not in conformity with article 5
or any safety requirement set out in Union harmonisation legislation and no other economic operator within
the Single Market is available to make or have made this consideration. Finally, online marketplaces should
assume all responsibilities related to a recall when it has facilitated a product transaction whereby a product
has entered the Single Market without an economic operator in the EU to take on the responsibility of recalls.
Such obligations will be fully in conformity with the WTO framework, since online marketplaces situated
within the Union will receive no preferential treatment under our proposal. Furthermore, such obligations
will be in conformity with the Digital Services Act, which allows for lex specialis in the area of product safety.