EU: Product legislation – revision of the New Legislative Framework (NLF)

 

The EU Comission has published a call for evidence for an impact assessment for its planned revision of the New Legislative Framework.

The changes are being considered among other with relation to the upcoming Digital Product Pass.

The New Legislative Framework (NLF) serves as a cornerstone for harmonising EU product legislation. Introduced in 2008 through Decision No 768/2008/EC and Regulation (EC) No 765/2008, it provides a foundational model for product harmonisation laws, aligning 30 separate EU legal acts.

A 2022 evaluation of the NLF highlighted the need for its modernisation. In response, the Single Market Strategy and the fourth Simplification Omnibus package proposed a shift towards a data-driven approach and a revision of the NLF, aimed at reducing administrative burdens and streamlining procedures.

The NLF plays a central role in ensuring product compliance through harmonised standards. It is currently undergoing revision alongside the standardisation and market surveillance regulations. This coordinated revision presents an opportunity to generate synergies and simplify the overall EU product regulatory framework.

While the 2022 evaluation confirmed that the NLF has enhanced the consistency of EU product legislation, it also revealed that updates are necessary to keep pace with evolving market dynamics, increased focus on circularity, and digital transformation. The initiative addressing these findings seeks to overcome several challenges that affect both businesses and national authorities, such as:

1. Inadequate access to timely product compliance information (a regulatory and information gap);
2. Missed opportunities to promote circular economy practices (a regulatory and market failure); and
3. Limited public understanding of the CE marking, as well as the risk of misleading or misused markings (an information failure and behavioural challenge).

Objectives and Policy Options

The overarching goal of the initiative is to strengthen EU product legislation by enhancing harmonisation, reducing regulatory burdens, and leveraging digital tools to improve both compliance and safety.

Several policy options are under consideration:

1. Baseline Scenario: Recent EU laws—such as the Batteries Regulation and the forthcoming Toy Safety Regulation—already incorporate the Digital Product Passport to include product compliance information. However, without updating the NLF to fully embed digital compliance, long-term inconsistencies and fragmentation may emerge. A lack of a unified framework could also result in the uneven integration of digital and circularity elements across new legislation, potentially undermining coherence within the EU product regulatory system.
2. Non-Legislative Measures: The adoption of guidelines and best practices, particularly targeting small and medium-sized enterprises (SMEs), could support a smoother transition to digital compliance tools. These measures would help businesses adapt to technological developments without imposing additional legal obligations.
3. Legislative Options: These could range from limited adjustments to broader or comprehensive reforms of the NLF and related product harmonisation laws. Legislative actions might include:
   • Mandating the use of the Digital Product Passport to ensure greater digital integration;
   • Updating conformity assessment procedures to reflect modern requirements;
   • Aligning key definitions with those in more recent legislation, such as Regulation (EU) 2019/1020 on market surveillance;
   • Enhancing the efficiency and transparency of notified bodies, along with reinforcing oversight mechanisms; and
   • Ensuring faster, harmonised responses across Member States to non-compliant or hazardous products.

To find out more about the updates of the EU product legislation and the NLF, please do not hesitate to contact the Product Compliance Institute.