Non-EU imports under scrutiny: the EU Parliament’s resolution on cross-border e-commerce

Hogan Lovells

Key takeaways

The resolution sets a political agenda for tougher enforcement of EU rules on product safety, consumer protection, VAT and customs in cross-border e-commerce. It signals imminent legislative reforms and, for instance, calls on the Commission to reconsider the EUR 150 customs exemption, potentially ending simplified import procedures for low-value goods. Legal responsibility may increasingly shift to non-EU online platforms and sellers through “deemed importer” designations or mandatory EU representatives. Member States are urged to boost cooperation and enforcement capabilities, supported by new digital tools and product tracking. Non-EU platforms and sellers and other potentially affected companies should now start to proactively review and strengthen their compliance management systems, documentation and contractual arrangements to align with the anticipated evolving regulatory demands.

Companies engaged in cross-border e-commerce with the EU should take note: On 9 July 2025, the European Parliament adopted a “Resolution on product safety and regulatory compliance in e-commerce and non-EU imports” (link). While not legally binding, it reflects a growing political drive to strengthen enforcement of existing EU rules on product safety, consumer protection, VAT and customs, particularly in response to the rising volume of goods shipped directly to EU consumers from third countries via online channels.

The resolution aligns with the EU’s broader strategy to promote fair competition and regulatory coherence within the digital single market. It also sets the stage for potential legislative initiatives and sets enforcement priorities across Member States, focusing especially on low-value goods, the role of non-EU online platforms and the responsibilities of non-EU sellers.

1. What is the issue?

The resolution highlights a range of regulatory, operational and enforcement challenges stemming from the growing volume of low-value goods entering the EU directly from non-EU countries via online sales. Key concerns include:

  • Customs and VAT control: In 2024 alone, approximately 4.6 billion items were imported under the EUR 150 customs exemption threshold, which exempts them from customs duties and allows for simplified VAT treatment. This limits the ability of authorities to conduct effective customs and compliance checks.
  • Product compliance and safety: The customs exemption, along with other constraints such as limited staffing and insufficient digital infrastructure, hinders authorities in tracking, detecting and removing non-compliant, unsafe or counterfeit products. New business models, including drop-shipping, further complicate liability and traceability.
  • Unlevel playing field and regulatory asymmetries: EU-based businesses, especially SMEs, are subject to stricter regulations than their non-EU counterparts. In addition, the lack of clearly identifiable economic operators within the EU further complicates enforcement, undermining fair competition and consumer trust according to the resolution.
  • Environmental impact: The resolution also addresses how the growth in fragmented, high-volume shipments contributes to packaging waste and carbon emissions, urging for more sustainable cross-border e-commerce logistics.

2. What regulatory changes may follow?

While the resolution itself is non-binding, it sets out clear political expectations that may shape both EU and national legislation and enforcement strategies. It formally calls on the European Commission to act, and the European Commission must now examine the resolution and provide a reasoned response. The resolution’s key proposals include:

  • Revisiting the EUR 150 exemption and other reforms: The European Commission is urged to review or remove the low-value customs exemption, and to introduce a handling fee on e-commerce goods, to be charged by customs authorities.
  • Stronger enforcement and regulatory cooperation:
    • The removal of the EUR 150 exemption itself would lead to more compliance checks by authorities.
    • The resolution also encourages the development of EU-wide product tracking tools such as the Digital Product Passport, which the EU legislators are currently rolling out under the EU Batteries Regulation and in the upcoming EU Toy Safety Regulation, as well as for certain product groups under the EU Ecodesign for Sustainable Products Regulation.
    • It further calls for enhanced enforcement of existing EU regulations, (e.g., DSA, DMA, GPSR, MSR), increased investment in customs and market surveillance infrastructure, better cooperation between Member States, and the deployment of new technologies (e.g., use of AI to track non-compliant goods).
    • Member States are urged to expand their investigation measures to detect non-compliant goods (e.g., by conducting sweeps, mystery-shopping exercises and peer-reviews).
    • In case of non-compliant goods, the Member States shall act accordingly (e.g., by issuing takedown orders, prohibitions, removals, recalls, and other available penalties).
  • Clearer responsibilities for platforms: The European Parliament supports designating online platforms or sellers as “deemed importers” in certain scenarios or requiring a responsible person within the EU (authorised representative), thereby making them accountable for compliance. This would mean a significant shift in accountability in cross-border e-commerce.
  • Closer scrutiny and regulation of emerging online sales models: The resolution targets risks associated with new e-commerce models such as drop-shipping and influencer marketing and calls for tailored regulatory responses.
  • Sustainability measures: In line with the EU’s overall sustainability goals, the resolution promotes efforts to reduce carbon emissions and packaging waste, particularly related to fragmented shipment practices.

3. Why this matters for companies operating in cross-border e-commerce

The resolution signals a possible regulatory shift for cross-border e-commerce, especially for non-EU online platforms, sellers and logistics providers. As rules tighten and enforcement intensifies, companies engaging in the direct shipment of goods to EU consumers will face new challenges and expectations, to which they may need to adapt quickly:

  • Increased compliance and liability risks: Future regulatory reforms may introduce stricter obligations for non-EU operators. Authorities may also be given broader powers and enhanced toolkits to block or remove non-compliant imports more efficiently. At the same time, the EU is moving towards clearly allocating legal accountability to actors involved in placing goods on the market, for instance, via “deemed importer” designations or mandatory EU-based authorised representatives. Meeting these requirements will likely require many businesses to invest in robust internal compliance management systems, including product testing, traceability, documentation and due diligence processes within the supply chain.
  • Impact on pricing and competitiveness: The potential removal of the EUR 150 customs threshold and other reforms (e.g., the handling fee) may alter cost structures and reduce the price advantage of some direct-to-consumer sales models. Businesses may need to adjust their pricing strategies and reconsider their fulfilment approaches.
  • Operational and contractual implications: Affected businesses may need to redefine roles and responsibilities across their supply chains, review existing contracts among sellers, platforms and logistics providers. This might include shifting to more centralised distribution within the EU (e.g., via the integration of EU-based warehouses or fulfilment centres) or consolidating shipments to ensure compliance and enhance sustainability while maintaining efficiency and cost-effectiveness.

Bottom line: While the resolution imposes no immediate legal obligations, it clearly indicates the direction of future EU policy and regulations. Companies engaged in cross-border e-commerce should stay ahead of these developments by proactively adapting their compliance and operational strategies accordingly.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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