EU: Updates to the rules for EU Declaration of Conformity

 

The EU has proposed changes to the rules for EU Declaration of Conformity, firstly for the following product groups: cableways, personal protective equipment, appliances burning gaseous fuel, machinery, batteries.

The proposal aims to rationalise and digitalise economic operators’ obligations for the concerned Directives and to align the existing fall-back option to harmonised standards uniformly.

This proposal includes:

– The specification that the EU declaration of conformity, or a similar document, must be drawn up in electronic form and made accessible through an internet address or machine-readable code when that declaration needs to accompany a product;

– The addition of a ‘digital contact’ as information to be indicated by manufacturers on the products which are placed on the market in order to facilitate communication between economic operators and national authorities;

– The specification that the instructions accompanying products may be provided in electronic form, with the exception of safety information which should be provided on paper or marked on the product for consumers;

– The amendment of reporting obligations to national authorities that require a ‘paper or electronic format’ to ‘electronic form’ only;

– The insertion of an obligation for exchanges by electronic means between the economic operators and the competent authorities;

– The introduction of a provision on common specifications to benefit from the use of presumption of conformity with essential requirements in the absence of harmonised standards;

– An obligation to provide the information contained in the EU declaration of conformity and instructions on the digital product passport, when the product is subject to other Union legislation that requires the use of such a digital product passport.

The measures have a following background:

In its Communication titled “Long-term competitiveness of the EU: looking beyond 2030”, the European Commission emphasized the need for a regulatory framework that achieves policy goals with minimal costs. To this end, the Commission committed to a focused effort to streamline and simplify reporting obligations and administrative burdens, with the overarching goal of reducing these burdens by 25%, without compromising the underlying policy objectives.

Reporting requirements are crucial for the effective enforcement and monitoring of EU legislation. Although these obligations incur costs, they generally yield significant benefits, especially in terms of ensuring compliance with key policy measures. However, these requirements can also place an excessive burden on stakeholders—particularly small and micro-enterprises. Over time, the accumulation of overlapping, outdated, or unnecessary reporting obligations can lead to inefficiencies, including redundant data submissions, inappropriate collection methods, and suboptimal reporting intervals.

As part of its Digital Strategy and Better Regulation agenda, the Commission promotes the “digital by default” principle. This approach supports the creation of digital-ready policies that are interoperable, future-proof, and adaptable to rapid technological advances. Despite this, numerous EU legal acts still reference or require the use of paper documentation. Eliminating such references would encourage public authorities to re-evaluate how they receive and process submissions from businesses. Promoting digital reporting by default could foster investment in digital infrastructure and eGovernment solutions, ultimately supporting a paperless Single Market built on interoperable structured data and the once-only principle.

In light of the fact that by 2024, 94% of EU households had internet access, the continued requirement for paper-based instructions for use (IFUs) for products covered under various Directives is outdated. It no longer aligns with modern technologies, consumer expectations, or environmental goals. Therefore, manufacturers should be allowed to provide IFUs in digital format. However, for safety-critical information—such as warnings or instructions essential to the safe use of a product—a paper format must still be made available. Consumers should also have the right to request a paper copy at the time of purchase and for a defined period thereafter.

Additionally, the proposal aims to standardize the use of alternatives to harmonised standards in EU legislation. In cases where no alternative option currently exists, the initiative seeks to ensure a consistent approach—defining the alternative’s legal status, adoption process, and the conditions under which it can be used. This initiative, focused on common specifications, is intended to ease compliance for businesses that must meet one or more product-specific health and safety requirements set out in sector-specific legislation relying on harmonised standards.

To find out more about product compliance in EU, the CE conformity assessment and the EU Declarations of Conformity, do not hesitate to contact the Product Compliance Institute.