EU product rules overhaul: consultations on future framework and enforcement

On 12 November 2025, the European Commission (EC) launched two parallel consultations that will reshape how products are regulated and enforced across the EU. One involves reforms to the New Legislative Framework (NLF), which governs CE marking, conformity assessment and harmonised technical rules.^[1] The other evaluates the Market Surveillance Regulation (EU) 2019/1020 (MSR), which sets the enforcement framework for non-food products.^[2] This follows a call for evidence earlier this summer on the NLF. Both consultations form part of a wider reform package expected to culminate in a European Product Act planned for adoption in Q3 2026.

Expected Changes

The NLF consultation questionnaire focuses on modernising the legislative framework so it reflects digitalisation, circularity and increasingly complex supply chains.  Likely reforms include fuller integration of digital compliance tools such as the Digital Product Passport, clearer responsibilities for refurbished and second-life goods, and refined conformity assessment processes. Updated definitions may also be introduced to ensure alignment across the growing body of EU product legislation. For manufacturers, importers and businesses operating refurbishment or repair models, this signals tighter expectations around traceability, documentation and the treatment of products re-introduced to the market.

The MSR call for evidence and consultation questionnaire seeks to address persistent enforcement gaps, which the EC identifies as diverging surveillance practices between Member States, rising volumes of non-compliant goods sold online, resource constraints for authorities and limitations in current IT systems. Options under consideration include enhanced coordination between customs and market surveillance authorities and possible EU-level governance functions. For high-volume importers, fulfilment service providers, online marketplaces and consumer-facing brands, this suggests more frequent and data-driven checks, stricter expectations on product information made available online and more consistent enforcement for products entering the EU market.

Taken together, the consultations signal a shift towards a more digital, transparent and enforcement-intensive compliance environment, with businesses likely to experience greater scrutiny of product data, supply chain traceability and the treatment of refurbished goods.

Next Steps

Businesses manufacturing, importing, distributing, refurbishing or selling goods in the EU - particularly those active in e-commerce or operating cross-border supply chains - should consider engaging with the consultations – many of the questions are posed as multiple choice for efficiency and ease of use, with further information boxes included where appropriate for details and examples. Submissions are due by 4 February 2026, and the EC is seeking input on areas where current requirements create uncertainty or duplication, on practical challenges linked to technical documentation and digital data obligations, and on issues arising from inconsistent enforcement. Engagement at this stage of the legislative process gives affected businesses the best opportunity to get involved, positively influence forthcoming requirements and help ensure the emerging regime remains workable in practice.

Viewed alongside the EU’s consultations to modernise the EU product safety framework, the UK’s recent reframing of its own rules points to a shared direction: the introduction of a more digital and responsive product safety regime with enhanced enforcement powers. For businesses operating across both markets, our recent UK analysis offers practical guidance and insights on the latest changes in UK product legislation and their practical implications for compliance and governance.^[3]

Co-authored by Kainat Shah, Trainee Solicitor.
 

^[1] Product legislation – ensuring futureproof rules (revision of the New Legislative Framework - NLF)

^[2] Market surveillance and compliance of products – evaluation and possible revision of Regulation (EU) 2019/1020

^[3] Crucial developments in UK product legislation you may have missed during the summer holidays