16 Dec 2024

The Download: Targeted adjustments for a future-ready EU product framework

Executive summary 

The new legislative framework (NLF) has been a cornerstone of EU product legislation since its inception in 2008, exemplifying the EU’s prowess as a global regulatory leader. Built on principles of presumption of conformity, harmonised standards, technology neutrality and a uniform accreditation system across the EU, the NLF facilitates the seamless movement of goods within the single market. Its most recognisable feature, the CE marking, is a globally trusted symbol of product compliance and safety.

However, recent sectoral legislation – driven by digitalisation and sustainability goals – has expanded the NLF’s scope in a fragmented manner. This has introduced legal uncertainty, jeopardising timely product launches and risking delays and costs that Europe cannot afford. Swift deployment of innovative products is vital for restoring EU competitiveness and safeguarding critical infrastructure amidst increasing security challenges.

Whilst a full overhaul of the NLF would create unnecessary instability, we suggest two targeted updates to the Blue Guide and EU harmonisation legislation to address emerging regulatory challenges without disrupting the existing framework. These adjustments will ensure the NLF remains robust, relevant and aligned with evolving technological and environmental priorities:

  • Targeted adjustment #1 –Clarify definitions for new economic roles and product lifecycle concepts: Recent legislation has introduced new roles (e.g. deployer, independent operator, opensource steward) and lifecycle concepts (e.g. substantial modification, refurbishment) without consistent definitions. Establishing clear, universal definitions will enhance legal certainty and support compliance across the EU.

  • Targeted adjustment #2 – Enabling digital compliance: Allowing electronic formats for safety-related product documentation, such as instructions and declarations of conformity, will align with the EU’s green goals, reduce administrative burden and facilitate the adoption of digital product passports (DPPs), a centralised tool for compliance data.

These targeted updates will modernise the NLF, fostering innovation, competitiveness and sustainability whilst maintaining the framework’s foundational stability.

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