The European ‘New Legislative Framework’ (NLF) is the foundation for the product regulation in the European Single Market. However, in a time of technical innovations, global competition and growing digital requirements, this foundation also needs an update. The TÜV Association therefore welcomes the debate initiated by the EU on reforming the NLF - and is actively contributing to the discussion with its own position paper .
The TÜV Association is in favour of a targeted update of the existing NLF Decision No 768/2008/EC and is in favour of a regulatory toolbox that preserves proven principles such as the risk-based approach: digital processes, new testing methods and transparency tools such as the digital product passport should be integrated. The message is clear: protection objectives, trust and competitiveness are not opposites - they belong together.
The recommendations of the TÜV Associations: Updating the NLF
1. Implementing proper regulation as the foundation of an efficient internal market
- Regulation is not an end in itself, but a central element for security, trust and innovative strength
- Reducing bureaucracy must not lead to a generalised reduction of protection goals
- Evidence-based, coherent and high-quality legislation is needed
2. No special regulations for SMEs
- Basic security requirements must apply regardless of company size - SMEs should fulfil the same protection goals
- Regulatory relief for SMEs should be limited to administrative simplifications or longer transition periods, but not to the material level of protection.
- Regulatory sandbox approaches can be innovation-friendly, but must not lead to a de facto dismantling of applicable safety
standards – in particular not permanently
3. Thinking about implementation from the beginning - clear responsibilities and more efficiency
- A modern NLF needs clear responsibilities and harmonised administrative processes in the member states
- One-stop-shop structures, fixed deadlines and sufficient official capacities should strengthen enforcement and avoid competitive disadvantages
4. Digitalisation update for the NLF Digitalisierungsupdate für das NLF
- The requirements of digitalisation must be an integral part of a modern NLF
- The TÜV Association proposes an interoperable, European one-stop shop model that digitalises administrative processes in a centralised manner
- AI-based inspection methods can also be used to provide support - while maintaining state responsibility
5. Maintaining the foundations, renewing the toolbox - update of the NLF Decision No 768/2008/EC
- An update of NLF Decision No 768/2008/EG is necessary but it should not be replaced
- A targeted update - combined with an omnibus procedure for sectoral adjustments - strengthens system loyalty and future viability
6. Harmonisation of the European accreditation framework
- Accreditation must be standardised throughout the EU
- Regulation (EC) No. 765/2008 should be revised to guarantee harmonised standards
7. Conformity assessment in the NLF - risk-based and modular
- Conformity assessment must be based on the risk profile of the product
- The modularity of conformity assessment in the NLF allows different ways of demonstrating conformity depending on the risk profile of a product - this flexibility has proven its worth
- The TÜV Association rejects the favoured use of one module due to a supposed lack of bureaucracy and encourages the use of the risk-based approach when selecting modules
8. New Module V - validation and verification of product claims
Many product claims are dynamic - for example performance data, environmental information or software updates. The TÜV Association is therefore proposing a new Module V: a procedure for independent validation and verification based on ISO/IEC 17029 standard. This means that even variable claims can be reliably validated.
9. Digital product passports - realising potential, increasing transparency
- The digital product passport (DPP) is intended to improve the transparency and traceability of products for consumers, market surveillance and other economic actors
- Minimum requirements for the structure and interoperability should be defined in the NLF
- To promote confidence in the completeness and reliability of the DPP's statements, the TÜV Association recommends robust validation and verification mechanisms through independent third-party testing
