On November 12, 2025, the European Commission launched two public consultations that could significantly reshape EU product compliance rules. To participate, stakeholders – including businesses, consumer groups, and industry associations – are invited to complete the Commission’s online questionnaires, available until February 4, 2026.

These consultations focus on:

• Modernizing the New Legislative Framework (NLF), which consists of:
  • Regulation (EC) 765/2008 setting out the requirements for accreditation and the market surveillance of products.Decision 768/2008 setting out a template for harmonizing EU product laws.
  • Regulation (EU) 2019/1020 on market surveillance and compliance of products (commonly referred to as the “Market Surveillance Regulation” or “MSR”).
• Evaluating and improving the MSR, which applies to products covered by Union harmonization legislation listed in its Annex I, except where that legislation already contains specific provisions on market surveillance and enforcement. The MSR addresses the scope of market surveillance activities, including product checks, coordination among national authorities and customs, and mechanisms to support compliance and enforcement across the EU.

These consultations are the initial preparatory steps towards a proposal for a “European Product Act”, expected to be published in Q3 2026. This Act is a core element of the EU Consumer Agenda for the next five years and will strengthen the rules for placing consumer products on the market, update the framework for market surveillance and compliance, and assess whether additional measures are needed to make product safety enforcement more effective – particularly for imports from outside the EU, including those sold via e-commerce.

Why Participate?

The Commission is seeking input on how to:

• Simplify compliance processes and reduce administrative burdens.
• Adapt rules to digitalization and e-commerce.
• Strengthen enforcement and market surveillance.

Your feedback will help shape future obligations for manufacturers, importers, and online marketplaces.

Consultation 1: New Legislative Framework

The key topics of the consultation include:

• Product Information: Should instructions and safety details be provided digitally, on paper, or both?
• Digital Access: Best practices, risks, and preferred technologies (QR codes, NFC).
• Market Surveillance: Will digitalization improve compliance checks, especially for e-commerce?
• CE Marking: Physical vs. digital display.
• Circularity: Safety requirements for refurbished products.

Consultation 2: Market Surveillance Regulation

The key topics of the consultation include:

• Current Performance: Are checks and penalties effective? Are Member States aligned?
• Effectiveness & Efficiency: Benefits vs. costs for businesses.
• Future Improvements:
  • Non-legislative actions (training, guidance).
  • Legislative changes (stronger marketplace obligations, harmonized penalties).
  • Possible creation of an EU Market Surveillance Authority.

Next Steps on Simplification

The consultations are part of a broader effort to simplify EU product legislation under the IV Simplification Omnibus package (COM(2025)503). This package proposes practical changes that matter for businesses, such as:

• Digitalization of compliance, allowing product information and declarations of conformity to be provided online rather than in paper form—for example, via QR codes or Digital Product Passports (DPP) instead of printed manuals.
• Streamlined conformity assessment, so companies making products in multiple sectors (e.g., electrical equipment and pressure vessels) can avoid duplicative checks by using a single aligned procedure.
• Harmonized definitions, such as for “refurbished” or “remanufactured,” ensuring consistent safety and labeling obligations across all product laws.
• Extended SME relief, applying simplified documentation rules not only to micro and small enterprises but also to small mid-cap companies, reducing compliance costs for growing businesses.
• Better use of common specifications, enabling manufacturers to rely on EU-adopted technical specifications when harmonized standards are not yet available – speeding up market access for new products.

These changes aim to cut red tape, make compliance more predictable, and support the Single Market’s digital and sustainability goals. Feedback from the consultations will help the Commission decide where these simplifications should apply and how they interact with digital tools like the DPP.

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If you have any questions about these consultations or need assistance in preparing your responses, Covington would be happy to help. Our team can guide you through the questionnaires, assess potential impacts on your business, and support your engagement with relevant policymakers.