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

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

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

(2024/2119(INI))

The European Parliament,

– having regard to the Commission communication of 11 February 2025 on the Commission work programme 2025 (COM(2025)0045),

– having regard to the Commission staff working document of 16 November 2022 on the New Legislative Framework (NLF) (SWD(2022)0364),

– having regard to Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93,

– having regard to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC,

– having regard to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (MSR),

– having regard to the Commission communication of 5 February 2025 entitled ‘A comprehensive EU toolbox for safe and sustainable e-commerce’ (COM(2025)0037),

– having regard to the proposal for a regulation of the European Parliament and of the Council establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013 (COM(2023)0258),

– having regard to its resolution of 18 January 2023 on the 30th anniversary of the single market: celebrating achievements and looking towards future developments,

– having regard to its resolution on old challenges and new commercial practices in the internal market,

– having regard to Rule 55 of its Rules of Procedure,

– having regard to the report of the Committee on the Internal Market and Consumer Protection (A10-0000/2025),

A. whereas the NLF has improved the consistency and efficiency of product legislation in the single market through harmonised conformity assessments, market surveillance and notified body accreditation;

Updating the obligations of economic operators

1. Emphasises the need for a future-proof model that maintains the foundational principles of the NLF, while integrating findings from the 2022 evaluation and emerging policy priorities, in particular sustainability, digitalisation and enhanced market surveillance; urges the revision to ensure consistency across EU product legislation, and highlights the need to update the obligations of economic operators under Decision No 768/2008;

2. Underlines that the Responsible Person in the EU for product compliance often lacks the capacity to provide consumer redress or compensation, particularly when acting as an authorised representative; calls for the introduction of a mandatory requirement for non-EU traders to appoint a Responsible Person in the EU with full legal and financial liability to ensure that consumers are not left without remedy, while ensuring a level playing field between EU and non-EU companies;

3. Suggests the use of MSR risk assessments to identify high-risk products and monitor the compliance history of economic operators, in particular those from third countries; calls on the Commission to assess the feasibility of a ranking system linking compliance performance to mitigating additional obligations, such as targeted third-party conformity assessments; recommends developing key performance indicators to systematically evaluate compliance;

Digital product passport (DPP)

4. Highlights the benefits of a horizontal DPP as a tool providing access to harmonised information on product characteristics, supply chains, energy efficiency, detailed sustainability performance metrics, and essential data on product composition, durability, reparability, reusability, maintenance costs, and price and availability of spare parts; believes that the DPP should be the go-to point for both consumers and authorities;

5. Emphasises the value of the DPP in empowering consumers to make informed choices; underlines its potential to promote sustainable consumption in line with the EU’s climate and environmental goals;

6. Stresses that a horizontal DPP would significantly enhance the work of market surveillance and customs authorities, as it would enable the efficient screening of essential product compliance information for conformity checks;

7. Calls for the integration of the DPP into the NLF as a mandatory requirement for all products made available on the Union market, including second-hand products;

8. Recognises that the CE marking may be misleading for consumers, who often mistakenly perceive it as a safety or quality certification; points out that, in order to avoid such misconceptions and to streamline the flow of information via the DPP, the CE marking should be removed;

9. Calls on the Commission to use harmonised methodologies for environmental, durability and social impact assessments, with a view to supporting the establishment of an EU-wide sustainability index for each product within DPP, which integrates indicators, such as the carbon footprint, material sourcing ethics, and long-term environmental impact;

Sustainable business models and consumption patterns

10. Supports the alignment of the NLF with broader EU strategies promoting sustainability, reparability and the design of products with extended lifespans;

11. Stresses that integrating the extended producer responsibility (EPR) schemes within the NLF would allow the adoption of harmonised measures, such as financial incentives and repair vouchers, to enhance the competitiveness of locally produced goods with a lower environmental footprint and increase transparency;

12. Strongly believes that durability is pivotal to promoting high-quality, long-lasting products, and that manufacturers should be required to ensure the continued availability of spare parts and maintenance services over an extended period;

13. Calls on the Commission to assess the feasibility of a ban on advertising for products, companies or brands linked to fast fashion, including on social media platforms and through influencer marketing;

Second-hand sellers, refurbishers and repairers

14. Stresses the need to establish harmonised definitions of ‘refurbishers’, ‘repairers’, ‘sellers of pre-owned products’, as well as ‘charity and social economy actors’; notes that, in the absence of these common definitions, such actors may be erroneously classified as manufacturers or importers and thereby deemed non-compliant with the obligations applicable to those categories, potentially exposing them to sanctions;

15. Highlights the fact that the establishment of common definitions should take into account the specific obligations that refurbishers and repairers are reasonably able to comply with;

16. Calls for the establishment of an EU-wide certification mechanism for refurbishers;

17. Recognises that the NLF does not grant independent refurbishers access to technical documentation or declarations of conformity; underlines that this regulatory gap hinders lawful and safe refurbishment, where such access is necessary to ensure conformity; believes that the DPP could close this gap;

18. Emphasises the need for a clear and harmonised definition of ‘substantial modification’, in order to distinguish it from routine repair or maintenance operations; calls on the Commission to develop a catalogue of common refurbishment and repair processes;

19. Stresses the need for a harmonised approach to VAT reductions for reused, refurbished, repaired and second-hand products, including those sold by charities and on social economy platforms, as a mean to incentivise sustainable consumption, extend product life cycles and reduce waste;

Standardisation and conformity assessments

20. Believes that harmonised standards constitute a pivotal element of the single market in supporting public interest objectives set out in EU law;

21. Stresses that the revision of the NLF should enhance the transparency, accountability and effectiveness of the standardisation process, which includes the allocation of EU funds to European standardisation organisations;

22. Underlines the need to review the functioning and clarity of existing conformity assessment modules in the light of persistent legal uncertainty and inconsistent application across sectors; believes that such a review should adhere to the principle that the level of risk associated with a product should determine the conformity assessment procedure required;

23. Calls on the Commission to propose the mandatory accreditation of notified bodies, in order to ensure their competence, impartiality and independence across all Member States; considers this essential to address divergent practices, enhance legal certainty and strengthen confidence in the conformity assessment system;

24. Instructs its President to forward this resolution to the Council and the Commission.

EXPLANATORY STATEMENT

Introduction

The revision of the New Legislative Framework (NLF) comes at a pivotal moment for the European Union. Adopted in 2008, the existing framework no longer reflects the profound socio-economic, technological, and environmental transformations that have since taken place. The current context – marked by the urgency of the ecological transition, the accelerating deployment of digital technologies, and the imperative to secure resilient and sustainable value chains – necessitates a comprehensive and forward-looking revision of the NLF.

This own-initiative report urges the Commission to propose a revision that ensures greater coherence across regulatory frameworks and effectively responds to evolving consumer, environmental and market challenges. The objective must be a modernised, harmonised, and enforceable regulatory framework that enhances product compliance, strengthens the resilience of the internal market, and aligns with long-term sustainability, competitiveness, and strategic autonomy goals of the Union.

Key Challenges

One of the main shortcomings identified in the Commission’s 2022 evaluation of the current NLF is its insufficient alignment with today’s environmental and digital objectives. The revised framework must embed key principles such as circularity, durability, reparability, and transparency, thereby ensuring that the internal market actively drives the Union’s climate neutrality and resource efficiency goals.

The revision should fully integrate relevant Union initiatives and legislative instruments, notably the Ecodesign for Sustainable Products Regulation (ESPR), the Directive on Empowering Consumers for the Green Transition, the Right to Repair Directive, the Green Claims Directive, the Circular Economy Action Plan, and the revised Waste Framework Directive. It should also be coherent with recently adopted legislative acts such as the General Product Safety Regulation (GPSR), the Product Liability Directive (PLD), the Artificial Intelligence Act, and the Digital Services Act (DSA)...

However, alignment alone is insufficient. The emergence and proliferation of fast fashion and ultra-fast fashion raise serious concerns due to their severe environmental degradation, exploitative labour practices, and consumer deception. The revised NLF should promote sustainable business models and responsible consumption patterns as a core policy objective.

A critical aspect of this revision should be the establishment of harmonised definitions for economic actors, such as refurbishers, repairers, and sellers of pre-owned products. In the absence of such definitions, these actors risk being misclassified - often as manufacturers or importers - and thereby held accountable under inappropriate obligations, which may expose them to legal uncertainty and disproportionate sanctions. Such regulatory ambiguity ultimately stifles a sector that is inherently local, not subject to offshoring, generates significant employment within the Union, contributes to resource efficiency, and plays a pivotal role in advancing the circular economy.

Moreover, consumers frequently lack access to standardised, reliable, and comprehensive product information, including data on environmental footprint, composition, origin, and reparability. This impedes their ability to make informed, sustainability-conscious purchasing decisions, thereby undermining both consumer rights and the green transition.

Simultaneously, market surveillance authorities face barriers to timely and digital access to product compliance documentation, which limits their capacity to detect, investigate, and act upon non-compliant, unsafe, or counterfeit products circulating within the Union.

Finally, a growing and particularly pressing concern is the proliferation of non-compliant products sold via online marketplaces, often originating from outside the EU. These products pose a dual risk to consumers, who may unknowingly purchase unsafe goods and find themselves without legal recourse, as sometimes no responsible economic operator is identifiable or liable within the Union. This situation not only undermines consumer safety and trust, but also distorts competition, placing Union-based enterprises, particularly SMEs, at a disadvantage and jeopardising the Union’s broader environmental and product safety objectives.

Urgency for ambitious measures

The draft report proposes a set of targeted measures to address existing regulatory gaps. It calls for the integration of a horizontal Digital Product Passport (DPP) into the NLF as a mandatory requirement for all products placed on the Union market, including second-hand goods.

For consumers, the DPP would offer a centralised, trustworthy access point to harmonised information on product characteristics, including durability, reparability, composition, energy efficiency, and recyclability. This would enable informed purchasing decisions and promote sustainable consumption patterns, in line with the Union’s environmental and climate objectives.

For market surveillance and customs authorities, the DPP would facilitate real-time access to essential compliance data, significantly improving the efficiency and effectiveness of product checks. Full Interoperability with existing EU databases would allow authorities to automatically flag and trace non-compliant products across the internal market.

The report also expresses concern that the CE marking is often misunderstood by consumers, who may incorrectly interpret it as a certification of quality or safety. In order to prevent such misconceptions and to streamline the digital flow of product information, the Rapporteur proposes that the CE marking be removed once its informational function is fully integrated into the DPP.

In light of the increasing prevalence of unsustainable consumption patterns, the Rapporteur considers that national legislative initiatives - such as the French law targeting fast fashion -could serve as valuable reference models for coordinated Union-level action. The Commission is invited to assess the feasibility and proportionality of measures such as a ban on advertising for products, brands, or companies associated with fast fashion practices, including across digital platforms and influencer marketing channels.

Furthermore, the introduction and effective implementation of extended producer responsibility (EPR) schemes for textiles should be prioritised, alongside complementary measures such as targeted financial incentives and repair vouchers. These instruments could contribute to enhancing the competitiveness of locally produced goods with a reduced environmental footprint, fostering greater transparency across the value chain, and ultimately supporting the resilience of regional economies, particularly SMEs and micro-enterprises.

Regarding refurbishers, repairers, and sellers of pre-owned products, the establishment of harmonised definitions is pivotal. However, it cannot constitute a standalone solution to ensure that these actors can operate effectively and are not subject to unintended regulatory burdens under the current legal framework. The definitions adopted should duly reflect the specific obligations that refurbishers and repairers are reasonably able to comply with, taking into account their distinct role and limited access to manufacturer-level documentation.

Moreover, there is a pressing need for a clear and harmonised definition of ‘substantial modification’ to ensure legal certainty and to distinguish such modifications from routine repair or maintenance operations. In this context, the Commission is invited to develop a non-exhaustive catalogue of common refurbishment and repair processes, in consultation with relevant stakeholders.

In parallel, the report stresses the importance of a harmonised Union approach to VAT reductions for reused, refurbished, repaired, and second-hand products - including those marketed by charitable organisations and social economy actors - as a means to incentivise sustainable consumption, extend product lifecycles, reduce environmental impacts, and support circular business models.

To address the persistent issue of unsafe products entering the Union via online marketplaces, the Rapporteur considers that the NLF should establish a horizontal and mandatory requirement for non-EU traders to designate a Responsible Person established within the Union. This entity should bear full legal and financial liability for ensuring product compliance, thereby guaranteeing that consumers are not left without effective remedies and securing a level playing field between Union-based and third-country economic operators.

The report further proposes that risk assessments carried out by market surveillance authorities be systematically used to identify high-risk product categories and to monitor the compliance track record of economic operators, in particular those established in third countries. It calls on the Commission to assess the feasibility of introducing a ranking mechanism, whereby compliance performance would be linked to proportionate additional obligations, such as targeted third-party conformity assessments. Moreover, it recommends the development of clear key performance indicators (KPIs) to systematically evaluate compliance and improve the effectiveness of enforcement actions across the internal market.

Finally, the revision of the New Legislative Framework should ensure that standardisation and conformity assessment systems are fit for purpose.

Harmonised standards remain a cornerstone of the single market, supporting the achievement of public interest objectives laid down in Union law. The Rapporteur stresses that the revision should enhance the transparency, accountability, and effectiveness of the standardisation process, including in relation to the allocation of Union funding to European Standardisation Organisations (ESOs).

The functioning and clarity of existing conformity assessment modules should be reviewed, given persistent legal uncertainty and inconsistent application across sectors. Such a review should uphold the principle that the level of risk associated with a product must determine the appropriate conformity assessment procedure.

The report also calls on the Commission to propose the mandatory accreditation of notified bodies to ensure their competence, independence, and impartiality across all Member States. This is essential to address diverging national practices, reinforce legal certainty, and restore trust in the overall conformity assessment framework.

Conclusion

The revision of the NLF is a necessary and timely step to modernise Union product legislation in light of ecological, technological, and market developments. It must ensure a coherent, enforceable, and future-proof regulatory architecture that strengthens product compliance, protects consumers, and fosters sustainable business models. Enhanced traceability through a horizontal DPP, better access to compliance data, and stronger enforcement tools are essential components. Support for circular actors, including refurbishers and repairers, and fair treatment of EU-based operators must be guaranteed.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he received input from the following entities or persons in the preparation of the draft report:

The list above is drawn up under the exclusive responsibility of the rapporteur.

Where natural persons are identified in the list by their name, by their function or by both, the rapporteur declares that he has submitted to the natural persons concerned the European Parliament’s Data Protection Notice No 484 (https://www.europarl.europa.eu/data-protect/index.do), which sets out the conditions applicable to the processing of their personal data and the rights linked to that processing.