ELECTRIC.IE • The Magazine & Website for the Irish Electrical Industry • 39 L iLgEhDt Vi nAgNNCeE w s Closing the loopholes: A call for stronger EU rules for safer and fairer eCommerce LightingEurope, alongside 70 environmental NGOs, consumer protection groups, and retail federations, has co-signed a blistering call for the European Union to close the legislative gaps that allow online marketplaces to evade the responsibilities imposed on traditional brick-and-mortar distributors. At the heart of the grievance is a fundamental legal loophole. Under current EU law, online marketplaces are often not recognized as "economic operators." While a domestic lighting manufacturer or importer must ensure every LED bulb or luminaire meets rigorous CE marking, Ecodesign (ESPR), and Low Voltage Directive requirements, platforms linking EU consumers directly to nonEU sellers often act as mere "facilitators." This legal ambiguity means that when a third-party seller from outside the Union ships a product into a European home, there is frequently no identifiable legal entity within the EU held accountable for its safety or environmental compliance. The timing of this intervention is critical. The coalition highlights a "perfect storm" of factors currently threatening the internal market: The €150 Threshold: A staggering 4.6 billion small parcels are entering the EU annually, many falling under the €150 customs Industry leaders across Europe are demanding an end to the "regulatory vacuum" that allows non-compliant imports to bypass EU safety and environmental standards. threshold, making individual inspections by Market Surveillance Authorities nearly impossible. Ad-Spend Shift: Due to shifting U.S. tariff policies, non-EU marketing budgets are being aggressively redirected toward Europe. This has led to a surge in search engine advertisements for ultra-cheap, potentially hazardous electrical products. Failed Frameworks: The group argues that despite the introduction of the Digital Services Act (DSA) and the General Product Safety Regulation (GPSR), marketplaces are still only required to act after they are informed of a violation, rather than conducting proactive due diligence. For the lighting sector, the stakes involve more than just lost revenue. Non-compliant products frequently fail to meet Extended Producer Responsibility (EPR) schemes, meaning they do not contribute to the recycling and waste management costs that legitimate EU businesses fund. The coalition has proposed two primary fixes: • Mandatory EU-Based Operator: Every product sold in the EU must have a legally responsible entity established within the Union. • Marketplaces as Importers: If a seller is based outside the EU and cannot be reached, the online marketplace must be legally defined as the actor placing the product on the market, inheriting the same liabilities as a traditional importer. As the European Parliament considers its next steps, the message from the lighting trade is clear: safety and sustainability cannot be optional extras for the digital age. Without a level playing field, the "Green Deal" risks being undermined by a mountain of non-compliant, disposable electronics.
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