Changes from report parliamentary committee draft to plenary report

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,

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

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

Changed– having regard to the Commission staff workingits documentresolution of 168 NovemberMay 20222025 on the Newold Legislativechallenges Frameworkand (NLF)new (SWD(2022)0364),commercial practices in the internal market,

Added– having regard to the Commission work programme 2025 (COM(2025)0045),

Added– having regard to the Commission evaluation of the New Legislative Framework (NLF) (SWD(2022)0365),

– 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,

Changed– 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,products and repealing Council Decision 93/465/EEC,

Changed– having regard to Regulation (EU) 2019/1020 of the European Parliament and of the Councilcouncil 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),

Changed– having regard to the proposal for a regulation of the European17 ParliamentMay and2023 offor thea Councilregulation establishing the Union Customs Code and the European Union Customs Authority, and repealing Regulation (EU) No 952/2013 (COM(2023)0258),

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

Added– having regard to the Commission communication of 29 January 2025 entitled ‘A Competitiveness Compass for the EU’ (COM(2025)0030),

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

Added– having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (Standardisation Regulation),

Added– having regard to Directive (EU) 2024/2853 of the European Parliament and of the Council of 23 October 2024 on liability for defective products and repealing Council Directive 85/374/EEC (Product Liability Directive),

Added– having regard to Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC,

Added– having regard to the Commission communication of 11 December 2019 entitled ‘The European Green Deal’ (COM(2019)0640),

Added– having regard to Directive 2024/1799 of the European Parliament and of the Council of 13 June 2024 on common rules promoting the repair of goods and amending Regulation (EU) 2017/2394 and Directives (EU) 2019/771 and (EU) 2020/1828,

Added– having regard to Regulation (EU) 2017/2394 of the European Parliament and of the Council of 12 December 2017 on cooperation between national authorities responsible for the enforcement of consumer protection laws and repealing Regulation (EC) No 2006/2004 (Consumer Protection Regulation),

Added– having regard to Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC,

Added– having regard to the Commission notice of 29 June 2022 entitled ‘The “Blue Guide” on the implementation of EU product rules 2022’,

Added– having regard to the Commission staff working document entitled ‘Executive Summary of the Fitness Check of EU consumer law on digital fairness’ (SWD(2024)0231),

Added– having regard to Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act),

Added– having regard to Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act),

Added– having regard to the Commission communication of 11 March 2020 entitled ‘A new Circular Economy Action Plan – For a cleaner and more competitive Europe’ (COM(2020)0098),

Added– having regard to Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC (Ecodesign for Sustainable Products Regulation),

Added– having regard to Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE),

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

Changed– having regard to the report of the Committee on the Internal Market and Consumer Protection (A10-0000/2025),(A10-0189/2025),

Change 1

ChangedA. whereas the NLFnew legislative framework (NLF) has improved the consistency and efficiency of product legislation in the single market through harmonised definitions and obligations for economic operators, conformity assessments, market surveillance and notified body accreditation;accreditation, together with the voluntary application of harmonised standards to show conformity with EU product legislation;

Change 2

RemovedUpdating the obligations of economic operators

AddedB. whereas the NLF has proven to be an effective tool for fostering European competitiveness, its introduction marking an important evolution from the ‘old approach’ to the ‘new approach’; whereas it focuses on essential requirements and enables a flexible regulatory environment that fosters innovation and sustainable development through a strong public-private partnership within the European standardisation system, in order to ensure that only compliant products are put on the market;

Removed1. 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;

AddedC. whereas the 2022 evaluation of the NLF offers a valuable 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; whereas the NLF’s revision process offers a valuable opportunity to assess its effectiveness, efficiency and relevance, with particular attention to Parliament’s priorities, including social inclusivity, environmental responsibility, product safety and compliance, competitiveness, reducing unnecessary administrative burdens and strengthening the single market;

Removed2. 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;

AddedD. whereas the NLF establishes a unified set of rules to ensure that products placed on the EU market meet consistent safety and quality standards, contributing to a high level of consumer protection that is recognised across Member States;

Removed3. 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;

AddedE. whereas the NLF, as an element of the European standardisation system, also plays an important role in the competitiveness of European industry by promoting innovation, encouraging voluntary contributions from technical experts and bringing safe and state-of-the-art technologies to the EU single market;

AddedF. whereas the modernisation of product legislation, particularly through digitalisation, has the potential to simplify compliance procedures and reduce unnecessary administrative burdens for economic operators, especially for small and medium-sized enterprises (SMEs), while maintaining high standards of safety and regulatory compliance;

AddedG. whereas the revision of the NLF must continuously evolve to address emerging risks, such as the increasing presence of new technologies in products; whereas it must also take into account the growing concern over the presence of hazardous substances in products; whereas the revision of the NLF will be a key tool in strengthening the market surveillance framework in order to address the challenges posed by e-commerce and the evolving nature of digitally connected products, as well as to adapt to the new requirements of the circular economy;

AddedH. whereas the evaluation of the MSR, although not yet part of the NLF revision, is part of the broader enforcement effort to ensure that products in the EU market meet high safety standards and do not pose risks to consumers and the environment;

AddedI. whereas the digital product passport (DPP) should serve as a central instrument to promote transparency, traceability and informed decision-making by consumers and authorities alike;

AddedJ. whereas a horizontal, cross-sectoral implementation of the DPP covering new, second-hand, refurbished and remanufactured products would reduce fragmentation in sustainability reporting and ensure consistency across the internal market;

AddedK. whereas e-commerce plays a substantial role in shaping consumer experiences by facilitating enhanced convenience, broadening access to a wide range of goods and services and enabling consumers to benefit from more affordable purchasing options; whereas, at the same time, it poses significant consumer protection challenges, including exposure to unsafe or non-compliant products, disparities in the accessibility, clarity and comparability of information, and commercial practices designed to exploit consumers’ behavioural biases and vulnerabilities;

AddedL. whereas the EU recommerce market was valued at EUR 94 billion in 2022–2023, representing 12.3 % of total e-commerce, and is projected to grow to EUR 120 billion, accounting for 14 % of e-commerce by 2025; underlines that its rapid growth is driven by multiple factors, including rising consumer awareness of sustainability and environmental concerns, increased demand for affordable alternatives, and growing interest in unique items, as recommerce facilitates access to vintage and out-of-production goods;

AddedM. whereas the rise in online product sales represents a significant challenge as the difficulty of identifying the parties responsible, such as non-EU sellers or intermediaries, creates enforcement issues; whereas loopholes in tracking and taking action against online sellers who fail to comply with EU legislation persist, allowing non-compliant products to be sold without adequate oversight;

AddedN. whereas e-commerce platforms are subject to various obligations under the Digital Services Act (DSA) and the General Product Safety Regulation (GPSR) and may be held liable under the Product Liability Directive (PLD) in specific circumstances; whereas, in this respect, online platforms are liable if they do not respect their specific obligations as intermediaries; whereas e-commerce, in particular on very large online platforms and non-EU platforms, still presents significant challenges to the EU’s competitiveness and raises concerns over consumer rights and health and safety, particularly as certain product categories raise urgent concerns regarding their impact on vulnerable consumer groups;

AddedO. whereas although the NLF aims for harmonised enforcement, the implementation and oversight of conformity assessment bodies varies across the EU Member States; whereas some countries may be more diligent in carrying out inspections and enforcing compliance, while others may face delays or lack of prioritisation; whereas this inconsistent enforcement can create disparities in product safety levels and distort the internal market;

AddedP. whereas the NLF must ensure that conformity assessment procedures are harmonised, robust, and remain fit for purpose in addressing the increasing complexity of digital and interconnected products, including cybersecurity risks and evolving technological features, while prioritising the safety and rights of consumers;

AddedQ. whereas the NLF framework should include clear guidelines to ensure consistent application across the Member States, uphold high standards of product safety, and promote fairness and transparency in the internal market;

AddedR. whereas the role of notified bodies in the conformity assessment process must be strengthened by enhancing transparency, independence and competence within the accreditation system, facilitating the recognition of products in all EU Member States and ensuring they can effectively respond to the challenges of digitalisation and the circular economy, while safeguarding the interests of businesses, in particular SMEs, and consumers alike;

AddedS. whereas several Member States have already implemented VAT reductions for reused, refurbished, repaired and second-hand products, including those sold by charities and social economy platforms, with the aim of promoting circular economy principles and boosting the local economy;

AddedRoles and responsibilities of economic operators

Added1. Emphasises the need for a future-proof model that maintains the foundational principles of the NLF, while integrating emerging policy priorities and the findings of the 2022 evaluation, in particular sustainability, digitalisation and enhanced market surveillance; stresses that the revision should benefit consumers and businesses;

Added2. Highlights the need for a new legislative framework that is aligned with the overall objectives of increasing legal certainty and transparency, for both consumers and businesses, as well as strengthening EU competitiveness and enforcement with streamlined compliance procedures without lowering safety or quality standards; underlines that simplification should be pursued to reduce unnecessary administrative burdens without undermining agreed policy objectives or weakening consumer protection;

Added3. Calls for the revision to ensure consistency across EU product legislation, including with the GPSR, the PLD, the Ecodesign for Sustainable Products Regulation (ESPR), the Artificial Intelligence Act, and the DSA and with a view to ensuring the free movement of safe and compliant products within the internal market; calls on the Commission to revise and, where applicable, update the roles and responsibilities of economic operators and their corresponding obligations under Decision No 768/2008, in order to enhance legal certainty, strengthen consumer protection and ensure that EU economic operators can operate on an equal footing within the internal market and vis-à-vis non-EU companies;