A new legislative framework for products that is fit for the digital and sustainable transition

The European Parliament adopted by 505 votes to 62, with 47 abstentions, on a new legislative framework for products that is fit for the digital and sustainable transition.

The New Legislative Framework (NLF) has improved the consistency and effectiveness of product legislation across the Single Market. The 2022 NLF evaluation provides an opportunity to integrate its findings into the revision process, ensuring that the EU’s regulatory framework remains adaptable to technological advances, digitalisation, sustainability and evolving market needs.

Roles and responsibilities of economic operators

Members believe that a future-proof model is needed that maintains the founding principles of the NLF, while integrating new policy priorities such as sustainability, digitalisation and enhanced market surveillance. They stressed the need to revise the EU legislative framework (NLF) to increase legal certainty, transparency for consumers and businesses and competitiveness, while simplifying procedures without reducing safety or quality standards.

Parliament called on the European Commission to ensure consistency between the various product laws (general product safety, liability, eco-design, AI, digital services) and to clarify the roles and obligations of EU economic operators, ensuring that they can operate on an equal footing within the internal market and vis-à-vis non-EU companies.

The Commission is invited to:

- accelerate its assessment of the effectiveness of the provisions relating to the ‘responsible person for products placed on the Union market’;

- consider introducing a mandatory requirement for non-EU traders to appoint a responsible person in the EU, with enhanced legal and financial liability to ensure that consumers are not left without redress;

- establish operational requirements for responsible persons, which may include aspects related to their economic solvency or ability to effectively carry out their respective tasks.

The resolution highlighted the fundamental role of national market surveillance authorities - whose operational capacity and coordination need to be strengthened - in ensuring the safety and compliance of products placed on the EU market, including those sold online. The Commission is invited to assess the need for an EU market surveillance authority.

Members proposed (i) to maintain the use of the Market Surveillance Regulation's risk assessments to identify high-risk products and verify the compliance history of economic operators, in particular those from third countries; (ii) to assess the feasibility of a risk-based alert notification system for operators with poor compliance performance; and (iii) to establish a proactive and digitally enabled supervisory mechanism entrusted to national authorities designated by the Member States, with the aim of ensuring more effective and consistent oversight.

Digital Product Passport (DPP)

Parliament highlighted the benefits of a horizontal and interoperable DPP as a means of providing access to harmonised information on product characteristics, product conformity, supply chains, energy efficiency, detailed sustainability performance indicators and essential data on product composition, durability, reparability, reusability, recyclability, maintenance costs and price, as well as the availability of spare parts. Members stressed the importance of the DPP in empowering consumers to make informed choices and that a horizontal DPP would significantly improve the work of market surveillance and customs authorities.

Sustainable economic models and consumption patterns

Parliament called on the Commission to assess the feasibility of integrating extended producer responsibility (EPR) schemes within the NLF in order to adopt a harmonised framework, which could include measures such as financial incentives and repair vouchers. Members believe that the NLF should ensure that manufacturers make spare parts and maintenance services available over an extended period of time, depending on the product category. They also called

on the Commission to establish harmonised provisions within the NLF on recycling and proper disposal of end-of-life products.

The Commission is invited (i) to assess the feasibility of developing clear and harmonised definitions of the concepts of 'fast fashion' and 'ultra-fast fashion' in order to address the specific risks associated with these business models, (ii) to assess provisions that would ensure the availability of fully effective tools to address the challenges posed by the proliferation of 'ultra-fast' and low-quality products.

Second-hand sellers, refurbishers, repairers

Parliament stressed the need to establish harmonised definitions of ‘remanufacturers’ ‘refurbishers’, ‘repairers’, and, where appropriate, other emerging social, economic and circular economy actors to avoid them being erroneously classified as manufacturers or importers and thereby exposing them to sanctions. A standardised assessment procedure for determining the substantial nature of a modification would enhance legal certainty and support second-hand economic operators.

Members recognised the importance of strengthening consumer trust in second-hand products and called for the creation of an EU-wide certification mechanism for refurbishers and repairers. They stressed the need to develop a clear and harmonised definition of 'substantial modification', which can serve as a basis for product-specific legislation and distinguish it from routine repair and maintenance operations.

Standardisation and conformity assessments

Parliament believes that harmonised standards constitute a pivotal element of the single market in supporting public interest objectives set out in EU law. It stressed that the delayed publication of harmonised standards in the Official Journal remains a significant issue for various market participants and consumers. It stressed the importance of standardisation for the international competitiveness of European businesses and called on the Commission to step up its efforts to coordinate a common European approach to positions in international standardisation forums for all products subject to international standards.