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Recital 22

Recital 22

(22)Distance sales, including online selling, should also fall within the scope of this Regulation. In the case of a product offered for sale online or through other means of distance sales, the product should be considered to be made available on the market if the offer for sale is targeted at end users in the Union. In line with the applicable Union law on private international law, a case-by-case analysis should be carried out in order to establish whether an offer is targeted at end users in the Union. An offer for sale should be considered to be targeted at end users in the Union if the relevant economic operator directs, by any means, its activities to a Member State. For the case-by-case analyses, relevant factors, such as the geographical areas to which dispatch is possible, the languages available and used for the offer or for ordering, means of payment, the use of currency of the Member State or a domain name registered in one of the Member States should be taken into consideration in this regard. In the case of online sales, the mere fact that the interface of economic operators or the interface of providers of online marketplaces is accessible in the Member State in which the end users is established or domiciled is insufficient. The fact that products offered for sale online or through other means of distance sales are deemed to be made available on the Union market if the offer for sale is targeted at end users in the Union empowers competent authorities to check and take the necessary actions in relation to such products pursuant to this Regulation, even though they are not yet actually placed on the Union market at the moment of the offer for sale online or through other means of distance sales. Such products are to comply with the relevant Union law in force at the moment when they are actually placed on the Union market and, in the case of products entering the Union, when they are placed under the customs procedure ‘release for free circulation’. The fact that the product, offered for sale online or through other means of distance sales, is deemed to be made available on the market if the offer for sale is targeted at end users in the Union should be without prejudice to rules regarding products entering or leaving the Union market.

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