- Who is responsible when a toy that bypasses customs injures a child?
- Who is liable when sellers provide fake EU addresses or cannot be traced?
- Will online marketplaces and sellers be treated as ‘deemed importers’ beyond customs clearance?
Currently, many unsafe toys bypass customs checks due to under-resourced enforcement, making it difficult to trace responsibility when something goes wrong.
If you're managing product compliance for a company selling toys through online marketplaces in the EU, you'll want to pay close attention to this update. The European Commission has just launched "A comprehensive EU toolbox for safe and sustainable e-commerce" - and the timing couldn't be more critical.
A recent shopping exercise by Toy Industries of Europe (TIE) revealed a startling statistic: 80% of toys purchased from third-party sellers on online marketplaces failed to meet EU safety standards. As Catherine Van Reeth, Director-General of TIE, points out, this poses a significant risk to children's safety and highlights urgent gaps in current regulations.
The Commission's new initiative aims to address several key challenges in the e-commerce landscape. However, TIE has identified some crucial areas that still need clarification:
The proposed 'deemed importer' status for online marketplaces and sellers raises questions about accountability beyond customs clearance. When unsafe toys slip through customs checks, who bears the responsibility for potential injuries?
A particularly concerning issue is the prevalence of fake EU addresses provided by toy sellers on online platforms, making it impossible to trace responsible parties when safety issues arise. The toy industry is calling for online platforms to be unequivocally recognised as economic operators, with clear legal responsibilities when no EU-based party can be held accountable.
To protect your business and ensure compliance, consider these key actions:
First, verify that your company has a genuine, traceable EU presence for all products sold through online marketplaces. Second, implement robust product safety verification processes before listing items on any e-commerce platform. Third, maintain comprehensive documentation of your compliance measures.
For manufacturers and traders, this initiative signals the need to review and potentially update their e-commerce strategies. The EU is moving towards stricter enforcement of trader traceability requirements across all online intermediaries, aiming to prevent illegal goods from finding alternative routes to market through less regulated platforms.
The European toy industry is particularly focused on tackling counterfeits, with calls for streamlined processes allowing brand owners to quickly identify and remove counterfeit products. This includes preventing the same unsafe product from being relisted under different item numbers.
Want to stay ahead of these developments? Contact our team at Alura Group for guidance on ensuring your e-commerce operations meet current and upcoming EU safety requirements.
Source: www.toyindustries.eu /urgent-need-to-close-legal-loopholes-on-accountability-and-traceability/
