A central part of the legislative package is the introduction of extended platform liability. E-commerce platforms selling to consumers within the union will be considered responsible importers. They must ensure that goods comply with EU legislation and that customs duties are paid. To counter the use of shell companies, requirements are being introduced for platforms to either be established within the EU or represented by an approved actor with special customs status who bears the legal responsibility.
Substantial Fines Await
The sanctions for actors who do not comply with the regulations are being tightened. Companies that systematically violate the rules may be subject to fines of between one and six percent of their total import value to the EU over the last twelve months. In cases of repeated infringements, customs authorities may stop the platform's shipments and are also mandated to temporarily block access to the actors' websites.
Dirk Gotink, rapporteur in parliament, commented on the decision and highlighted that the reform gives Europe’s customs officials the instruments they need.
I have seen with my own eyes the tsunami of Chinese packages that violate EU rules, do not pay taxes and overload our customs. We are putting an end to that very toxic business model of cheap, illegal and dangerous imports from China in favor of trade based on our standards and fairer competition, says Dirk Gotink, adding:
We are finally giving Europe's 80,000 customs officials the tools they need to protect consumers and businesses for decades to come.
The reform also includes a new EU-wide management fee that will enter into force no later than November 1, 2026. The fee is charged per item to cover customs costs for risk management and controls. The fee should be paid by the platform or importer, to avoid passing the cost on to the consumer at delivery.
EU Warehouses Likely to Become More Common
At the same time, platforms are being steered towards building up logistics within the EU. Foreign actors who import goods in bulk to European warehouses will receive a lower management fee compared to if the goods are shipped in individual packages directly from third countries to the end customer.
For established and transparent import companies, a new status called Trust and Check is being introduced. Actors who give customs authorities access to their IT and warehouse systems will be subject to less frequent controls and will receive increased flexibility regarding payment of fees. These traders will largely be able to release the goods on their own initiative immediately upon arrival. This new infrastructure will be centralized through the IT system EU Data Hub, which will gradually replace member states' current systems by 2034 under the supervision of the new customs authority in Lille, France.