Given the public policy objectives underlying the prohibition of offering for sale or otherwise making available online of non-compliant products in the internal market, serious concerns can arise where such non-compliant products are offered for sale or otherwise made available through providers of online platforms allowing consumers to conclude distance contracts with traders. In view of the harmonised Union rules applicable in specific areas, a product should be considered to be 'non-compliant' where, irrespective of its precise legal characterisation under national law, it has been identified by a competent authority as not being in conformity with the relevant Union law. Those Union rules concern a wide range of product areas including, in particular, food, medicinal products for human and veterinary use, medical devices, cosmetics and toys. Those rules include, for example, obligations for economic operators, including online market places, to provide certain mandatory information or warnings to consumers at the pre-contractual stage. In addition, for certain products, those Union rules prohibit the offering for sale or otherwise making available online of the products where the relevant prior authorisations or registrations are missing, or where the use or sale of the products is otherwise restricted or prohibited. For example, medicinal products for human use, which have not been authorised in accordance with Directive 2001/83/EC of the European Parliament and of the Council or in accordance with Regulation (EC) No 726/2004 of the European Parliament and of the Council may not be placed on the market. Similarly, cosmetic products which do not comply with the requirements of Regulation (EC) No 1223/2009 of the European Parliament and of the Council, may not be made available on the market.
Recital 46