A New Legislative Framework for the Next Decade

Answer to the Commission’s Call for Evidence “Product legislation – ensuring futureproof rules (revision of the New Legislative Framework - NLF)»

Initial position

Since its introduction, the New Legislative Framework (NLF) has been instrumental in facilitating efficient and fair market access within the EU, laying a strong foundation for regulatory coherence and consumer protection. The evolving product landscape, highlighted by the rapid growth of digital products and increased life-cycle demands, offers a great chance to update and improve the framework for future success.

Bitkom rating

Bitkom calls for targeted legislative updates to adapt the NLF to new challenges while preserving its two core principles: i) Setting essential requirements in legislation and providing the primary technical means of meeting those requirements with harmonised standards and (ii) a risk-based modular conformity assessment system—especially Module A, which enables low-burden in-house compliance.

The most important takeaway

We believe the following actions will bring the NLF up to date, while providing simplification and reducing unnecessary compliance burdens:

• Aligning NLF requirements across NLF acts: Address the growing complexity and uncertainty caused by fragmented and sometimes contradictory requirements in different NLF legislations by setting common requirements for products under the NLF.
• Updating the applicability of the NLF to non-tangible software products: Re-assess definitions and processes under the NLF to adequately include the specific characteristics of software (e.g., dependence on execution environments), its development (e.g. up to daily new product versions) and its distribution (e.g. download links, app stores).
• Clarifying the responsibilities of economic operators over the product lifecycle: Introduce clear and coherent responsibilities for economic operators with a focus on feasibility, especially in the context of software updates and replacement parts.
• Ensure the legally compliant supply of spare parts: Adapt requirements such that components intended as spare parts should only be required to comply with the NLF legislation that was applicable at the time the (original) product to be repaired was placed on the market.