SUMMARY

Belgium, France, the Netherlands and Poland call for the forthcoming European Product Act (EPA) to address gaps in the current framework, strengthen product compliance and enforcement in e-commerce, and improve the conformity assessment system, while ensuring coherence with existing EU rules and avoiding unnecessary burdens.

MORE INFORMATION

In a non-paper presented ahead of the Competitiveness Council of 24 September 2026, Belgium, France, the Netherlands and Poland focus on the challenges created by the growth of e-commerce and online marketplaces (see attached).

They note that the General Product Safety Regulation (GPSR), Market Surveillance Regulation (MSR) and Digital Services Act (DSA) already impose obligations on online marketplaces and economic operators, and argue that the forthcoming EPA should build on this existing framework, ensure coherence and address gaps identified in its practical application.

They also point to overlapping rules, evolving business models and unclear responsibilities as sources of legal uncertainty and enforcement difficulties.

More precisely, the four Member States call for targeted adjustments in the following areas:

• Online marketplaces and e-commerce
  
  • Clarify responsibilities across the e-commerce ecosystem, including for business models such as dropshipping, where products are sold online and shipped directly by a third-party supplier.
  • Strengthen the obligations of authorized representatives, particularly where products are placed on the EU market directly from third countries.
  • Consider mandatory registration of authorized representatives in an EU-wide database to improve traceability and enforcement.
  Introduce stronger ex ante checks by online marketplaces, including verification of the responsible operator and, where applicable, relevant product information such as the Digital Product Passport (DPP).
• Enforcement mechanisms
  
  • Set clearer and proportionate obligations for fulfilment service providers.
  • Strengthen both ex ante and ex post controls.
  • Ensure that enforcement also covers economic operators established in third countries and that non-compliance leads to effective and enforceable consequences.

• Conformity assessment and notified bodies
  
  • Make accreditation mandatory in the EU regulatory area, while allowing justified sector-specific derogations.
  • Clarify and harmonize rules on subcontracting by notified bodies.
  • Give the Commission a stronger coordination role where notifying authorities fail to take timely and appropriate action.

• Coherence and administrative burden
  
  • Keep any new obligations proportionate and avoid unnecessary administrative burdens.
  • Avoid duplication with existing requirements under the GPSR and DSA.
  • Make greater use of existing tools and registers, including the DPP and NANDO.
  Apply the Once Only Principle as much as possible and improve coherence across the GPSR, MSR, DSA and the Packaging and Packaging Waste Regulation (PPWR).

NEXT STEPS

The European Product Act (EPA) proposal is expected to be published on 6 October.

FESI is following this file closely and will share with members a first analysis of the proposal, together with any further developments and relevant information, as soon as possible.