The EU Commission prepares a proposal to simplify European product compliance legislation (e.g. Machinery Regulation), for simpler, digital and enforceable product compliance and to assure a level playing field for EU manufactured and imported products, independent of the sales channels used. Here, you will find a summary of the most impactful ideas of the EU Commission that circulate and CEMATEX’s response.

Adapt to a digital and circular world

Given the digitization wave, the existing concepts used broadly in product compliance legislation, such as conformity assessment, CE marking and product compliance declarations will become digital proof The use of Digital Product Passports will enable authorities to check product compliance easier. The products digital compliance dossiers (as part of the product digital passport) will be required to be uploaded to EU data systems (Customs Union info hub) before shipped to/within Europe. Automatic machine reading of the digital product passport will happen to check product compliance before a product is allowed to enter the EU market.

Also, the idea is for the legislation to become equally valid for refurbished products and recycled products. The entry into the market of those products will be stimulated.

More market surveillance authority for the EU Commission

Given the under-performance for market surveillance by some member states, there is a call for more authority for the EU Commission to make market surveillance more uniform across the EU.

Audit member states‘ market surveillance authorities

The EU Commission proposes to have powers for monitoring and evaluation the member states’ obligations for market surveillance. The Commission will have the authority to audit member states’ market surveillance authorities and member states will have the obligation to cooperate with the Commission on those.

Investigate and enforce directly

Either at its own initiative, at the request of a Member State or of consumer or business organizations, the EU Commission could do direct investigation and enforcement actions, . Those actions are to remain limited to high impact cases or proven negligence of member states.

EU market surveillance fee

In analogy to the Customs handling fee, the Commission looks into an Union market surveillance fee on products entering the EU market from third countries. The fee should cover the cost of market surveillance authorities of performing their tasks. The method of computation is to be developed.

European Customs Union Authority to take the lead on EU market surveillance

To implement the above measures and authorities, the idea is for the EU Customs Union Authority to be the vehicle for the Commission’s increased authority on Market Surveillance. It could implement the auditing, the direct investigations, the coordination and the market surveillance fee. In that sense, customs and market surveillance will be joined into one authority on the Commission’s side.

The EU Commission could specify benchmarks and techniques for controls and the organization of specific cooperation mechanisms to be used by both member states’ customs and market surveillance authorities. Therefore, setting up a design wherein parties are destined to cooperate and report.

EU Market Surveillance Data Hub and AI Tools

The Commission would like to develop AI driven web crawlers, to support the identification of potentially non-compliant products and identification of the reappearance of non-compliant products. An essential part of the proposal would be the development of an EU Market Surveillance Data Hub for the collection, processing, storage, and exchange of information for the enforcement of Union product legislation. The EU Market Surveillance Data Hub and national market surveillance systems are to be linked via electronic interfaces developed by the Commission, thus ensuring that any information entered in the relevant national market surveillance system is automatically entered into the EU Market Surveillance Data Hub. It will also be linked with the EU Customs Data Hub, again underscoring that Customs and Market Surveillance should join forces.

CEMATEX welcomes the Commission’s ideas

The Commission’s proposal includes many good things, though CEMATEX worries the adopted legislation will be watered-down.

CEMATEX underwrites that digitization of market surveillance, and more centralization & standardization are necessary for effective market surveillance. CEMATEX supports the approach for more authority for the EU Commission to audit & benchmark member states with compulsory implementation of audit’s corrective measures.  

CEMATEX welcomes the newly announced EU central Market Surveillance Data Hub and its link to national market surveillance authorities & customs systems as well as the Union Customs Info Hub. The compulsory nature of the sharing of member states’ market surveillance activities & results on the system, shows the proposal is rooted. CEMATEX advocates for joint operations between customs and market surveillance authorities and an expedited implementation of the digital infrastructure to enable the strengthened cooperation

When will we see something?

This EU Product Act still has a long journey ahead. Latest news is that the Commission's proposal will be officially published towards year end. After, there is the negotiation between EU Parliament and EU Council to finalize the legislative text. Expect 2029 for the main impacts to become visible.