The TÜV-Verband welcomes the planned revision of the New Legislative Framework (NLF) and the associated modernisation of European product legislation. The reform offers an opportunity to simplify existing regulations, eliminate regulatory overlaps and make the European conformity assessment system more efficient.
The potential requirement currently being discussed as part of the preparations for the European Product Act (EPA), under which subcontractors of notified bodies would generally have to be established within the EU in the future, is considered disproportionate by the TÜV-Verband and could weaken the competitiveness of European testing and certification organisations.
Quality and competence instead of geographical restrictions
If notified bodies were only allowed to subcontract certain testing and assessment tasks to subcontractors established within the EU in the future, qualified testing laboratories outside the EU could be excluded from cooperation. The TÜV-Verband rejects such a restriction. The location of a testing laboratory says nothing about its technical competence, independence or reliability. Furthermore, the regulation could lead to unnecessary duplicate testing, higher costs and longer assessment procedures. An EU establishment requirement would also deviate from internationally recognised conformity assessment standards and make international cooperation more difficult. In addition, the TÜV-Verband questions whether such a requirement would be compatible with the rules of the World Trade Organization (WTO). Instead of geographical restrictions, the TÜV-Verband calls for clear requirements regarding the competence and independence of subcontractors, as well as effective supervision. Notified bodies should continue to bear full responsibility for their subcontractors, regardless of where they are established.
Downloads
Further position papers on the NLF reform:
