SBS responds to the consultation on the revision of the New Legislative Framework
Comments Off on SBS responds to the consultation on the revision of the New Legislative FrameworkIn February SBS, of which LEVA-EU is a member, submitted its reply to the European Commission public consultation on the revision of the New Legislative Framework (NLF). Since its creation, the NLF has played a central role in the achievement of the Single Market, providing a flexible framework that allows to cope with technological developments and bring lasting and tangible benefits to European SMEs.
SBS believes that the revision process of the NLF should maintain its overarching principles and proceed towards a moderate revision.
Furthermore, SBS believes that the provisions related to the CE marking are still appropriate. While acknowledging that there are cases where there can be confusion among consumers about the nature and scope of the CE marking, this does not seem to be a sufficient reason to eliminate a well-known, well-established system that is still serving its purpose.
However, the revision on the NLF must be an occasion to clarify and integrate certain definitions (such as “refurbishment“, “repair”, “reuse” and “substantial modification“) that are either absent or not fully clear and harmonised in the current NLF framework, along with clarifying the obligations and responsibilities of operators carrying out these activities.
With regards to the Digital Product Passport (DPP), which will be a centrepiece of the new revised NLF, SMEs have to be provided with guidance and clear compliance tools to make the DPP a success for EU citizens and all economic operators. Much stronger efforts are needed in terms of clarity and guidance to SMEs to make sure that such solutions can provide economic advantages and not, on the other hand, place excessive requirements that would put SMEs and microenterprises at a disadvantage vis á vis market surveillance authorities, other economic operators and customers.
The revision of the NLF is part of the Commission initiatives towards a future EU Product Act, which will also include the revised Standardisation Regulation and Market Surveillance Regulation (MSR). In this sense, SBS believes that the future revised Standardisation Regulation should remain as a standalone piece of legislation within the Product Act, while there could be merit in merging the future NLF and MSR together, provided that the new joint act is designed coherently and any overlaps and discrepancies are avoided.