Brussels will adapt the legislation on products to the new e-commerce.

The European Commission wants to update some rules conceived before the rise of electronic commerce and respond to the growth of sales from third countries.

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The European Commission is preparing a reform of the rules governing the marketing and control of products in the single market to adapt them to the expansion of e-commerce and the transformation that supply chains have undergone.

The initiative, called European Product Act, is based on the consideration that the current European framework was conceived for a market that has changed profoundly. Digitalization, the growth of online shopping, and the emergence of new models linked to the circular economy have left, according to the draft, gaps that hinder the application of European product rules.

One of the phenomena justifying the reform is the "rapid and exponential" growth of e-commerce and, particularly, distance sales from third countries. The Commission believes that this transformation has complicated the distribution of responsibilities within increasingly international supply chains.

E-commerce forces adaptation of the rules

The framework that Brussels wants to reform is based on rules approved at different times, including Decision 768/2008, Regulation 765/2008, and Regulation 2019/1020 on market surveillance.

Since then, the Commission argues, products, manufacturing processes, and value chains have become more digitalized, interconnected, and complex. At the same time, e-commerce has made it easier for European consumers to acquire products sold directly from outside the Union.

Brussels believes that this new reality has caused legal uncertainty, uneven application of the rules, and problems in determining the responsibilities of different operators.

The Commission also identifies deficiencies in market surveillance, especially regarding e-commerce, as well as differences in the capacity for action within the Union and problems of cooperation among the authorities of the Member States.

A reform that goes beyond online shopping

E-commerce is not the only reason driving the review. The Commission also points to the expansion of new business models linked to the circular economy, including refurbishment and remanufacturing, which the current rules do not adequately address.

The general objective of the future European Product Act will be, therefore, to modernize the European framework for compliance with product standards and adapt it to a market in which goods and their supply chains have changed substantially compared to the scenario in which the current rules were designed.

The initiative will be part of the so-called European Product Package and will be coordinated with other community policies related to the single market, the circular economy, consumer protection, and customs.

The underlying approach of Brussels is that the growth of e-commerce and sales from third countries should not create gaps in the application of the single market rules, while seeking a more uniform application of the rules among the Member States.

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What is the current stage of parliamentary processing of the European Product Act and what are the next steps until its final approval?

The so-called European Product Act practically corresponds to the Regulation (EU) 2024/1781 on Ecodesign for Sustainable Products (ESPR). This regulation has already completed its ordinary legislative procedure in the EU: it was approved by the European Parliament (plenary) in 2024 and, according to the Commission, entered into force on July 18, 2024. Therefore, there is no longer any “pending parliamentary processing” nor a future “final approval” of the regulation itself; what remains ahead is its development and implementation.

1. Current status of the regulation

Information from the European Commission and sector sources allows us to clearly establish the point where we are:

  • The Ecodesign Regulation for Sustainable Products (ESPR) was proposed by the Commission on March 30, 2022 as part of the Circular Economy Action Plan of the Green Deal.
  • In April 2024, the Plenary of the European Parliament approved the regulation, as noted, for example, by the European recycling industry association EuRIC, welcoming the “plenary adoption” of the new ecodesign rules. (EuRIC statement)
  • After the agreement with the Council and the signature by the co-legislators, the text was published and entered into force on July 18, 2024. The Commission itself describes the ESPR as a “new regulation” already in force, aimed at making sustainable products the norm in the EU market (DG Internal Market note and DG Environment note).
  • The Commission emphasizes that the ESPR is a framework legislation: it sets the general legal framework and will be deployed through subsequent acts (delegated and implementing) for specific product categories and for instruments such as the digital product passport.

In summary: the legislative file (Commission–Parliament–Council) is closed. No further votes in the European Parliament on the base regulation are expected, except for possible future reforms. What follows is no longer “parliamentary processing” but rather the regulatory and technical implementation phase.

2. Next steps: development and implementation

Although the regulation is approved and in force, its full application will be progressive and depend on a series of regulatory and technical milestones. Based on the official communications consulted, the key steps are:

  • Establishment and work of the Ecodesign Forum The Commission has created or expanded the Ecodesign Forum, the main consultation space with stakeholders (industry, NGOs, consumers, etc.) on the development of rules under the ESPR. The forum analyzes product priorities, design requirements, sustainability information, and schedule (note on the Ecodesign Forum).
  • Multiannual work plans 2025‑2030 In April 2025 the Commission adopted a 2025‑2030 work plan for the ESPR and energy labeling, which lists the product groups to be prioritized over the next five years and guides the preparation of delegated and implementing acts (ESPR 2025‑2030 work plan).
  • Delegated and implementing acts by product family The ESPR does not directly set all technical requirements; these will be established “product by product” through:
    • delegated acts with ecodesign requirements (durability, reparability, recyclability, recycled content, etc.);
    • implementing regulations with information and energy labeling obligations, including the digital passport.
    Each of these acts will follow its own consultation and control procedure by Parliament and Council, but within the already approved framework.
  • Deployment of the Digital Product Passport The regulation establishes the creation of a Digital Product Passport Registry and technical standards for that passport. Recent comitology documents show meetings of the Ecodesign for Sustainable Products Committee dedicated to the implementing regulation on the digital passport registry (for example, June 2026 summary minutes and committee agenda). Meanwhile, sectoral guides indicate that the application will start earlier in sectors such as batteries and will later extend to sectors such as textiles, fashion, or footwear.
  • Sectoral and phased application Although the regulation has been in force since 2024, its practical application will be gradual:
    • first for products and sectors prioritized in the 2025‑2030 plan;
    • with specific timelines for each delegated/implementing act, setting adaptation deadlines for companies and Member States;
    • with longer deadlines for SMEs and possible sectoral transitions, for example regarding the obligation not to destroy unsold products.

3. What this means for talking about “final approval”

From the point of view of the EU legislative procedure, the “final approval” of the European Product Act has already taken place: the regulation is adopted, published, and in force. What remains are:

  • the phased adoption of delegated and implementing acts that specify requirements by product and sector;
  • the launch of the digital product passport and its European registry;
  • the progressive adaptation of industry and control authorities, with deadlines extending beyond 2027 for some sectors.

Consequently, if your interest is “when will everything be fully operational,” the key is no longer in new Parliament votes, but in following the ESPR 2025‑2030 work plan and the delegated/implementing acts that are approved for the products in your specific sector.

What are the competencies of the European Commission regarding single market regulation and product surveillance?

The European Commission is the executive and regulatory engine of the single market. In terms of internal market regulation and product surveillance, it plays a central role: it proposes rules, ensures their correct application in Member States, and coordinates control systems that guarantee that products freely circulating in the Union are safe and comply with common requirements.

1. Regulatory competencies in the single market

The Commission does not legislate on its own, but it is the main legislative initiator:

  • Right of legislative initiative: it drafts proposals for regulations, directives, and decisions that regulate the functioning of the single market (free movement of goods, services, people, and capital, and related disciplines such as competition, state aid, consumer protection, or digital matters).
  • Impact assessment and “better regulation”: before presenting a proposal, it analyzes its economic, social, and environmental effects and consults States, companies, consumers, and other stakeholders to minimize burdens and market fragmentation.
  • Technical development and updating of standards: in very technical areas (product safety, labeling, harmonized standards), it promotes delegated and implementing acts that specify or update requirements, tests, and conformity assessment procedures.
  • Elimination of barriers: it detects national rules that unjustifiably hinder free movement and, if necessary, proposes legislation to harmonize minimum requirements or establish the principle of mutual recognition when full harmonization is lacking.

Overall, these functions make the Commission the architect of the internal market regulatory framework, although final approval of laws corresponds to the European Parliament and the Council.

2. Guardian of the Treaty and enforcement of EU law

As “guardian of the Treaties,” the Commission has the competence to monitor that Member States and operators comply with single market rules:

  • Supervision of transposition of directives affecting the internal market (deadlines, technical correctness, and consistency with EU law).
  • Infringement procedures: when it detects that a State introduces unjustified barriers, does not correctly apply legislation, or does not exercise effective market surveillance, it can initiate a case, issue reasoned opinions, and ultimately bring the State before the Court of Justice of the EU.
  • Control of state aid: it authorizes, conditions, or prohibits public aid that may distort the single market, safeguarding a level playing field among companies.
  • Enforcement of competition rules: it investigates and sanctions cartels and abuses of dominant position that fragment the market or harm consumers and competitors.

3. Competencies in product surveillance

Market surveillance (inspections, physical controls, product recalls) mainly falls to national authorities, but the Commission plays key leadership and coordination roles:

  • Common regulatory framework: it proposes and updates horizontal legislation on product safety and market surveillance (for example, the general product safety regime or the “New Legislative Framework”), which establishes obligations for manufacturers, importers, and distributors and defines how national authorities should act.
  • Coordination of national authorities: it promotes networks and working groups that bring together market surveillance and customs authorities, fostering common interpretation criteria, coordinated inspection campaigns, and best practices.
  • Management of alert systems: it administers platforms such as the European rapid alert system for non-food dangerous products, which allow States to share real-time information on unsafe products, recalls, and corrective measures.
  • Guidance and technical interpretation: it develops guidance documents on the application of essential safety requirements, CE marking, or conformity assessment procedures, which guide both companies and authorities.
  • Support for customs cooperation and border controls: it promotes customs verification of compliance with product regulations for goods from third countries, preventing the entry of non-compliant or dangerous goods into the market.

4. Information gathering, evaluation, and system strengthening

Besides regulating and supervising, the Commission is responsible for monitoring the actual functioning of the single market:

  • It collects data on incidents, product recalls, and control results to identify problematic sectors or regulatory gaps.
  • It conducts ex post evaluations of the effectiveness of internal market and product surveillance legislation, proposing reforms when dysfunctions are detected.
  • It funds training projects, shared IT tools, and information campaigns for authorities and companies, aiming to strengthen market surveillance capacity and compliance culture.

In summary, the European Commission acts as the designer of single market rules, guarantor of their correct application, and coordinator of the product surveillance system, ensuring that free movement is combined with a high level of protection of health, safety, and consumer interests.

What current regulations must refurbished or remanufactured products comply with in the European Union?

Refurbished or remanufactured products (“refurbished”) do not have an autonomous regime in the European Union: when they are reintroduced to the market as consumer goods, they must essentially comply with the same rules as new products. This is articulated in several regulatory blocks that together define the current framework.

1. Ecodesign and sustainability requirements

The newest pillar is the Regulation on Ecodesign for Sustainable Products (ESPR), in force since 2024. According to the European Commission, this regulation:

  • Allows setting mandatory requirements for durability, reuse, upgradability, and reparability of products, as well as recycled content, resource and energy efficiency, and presence of substances that hinder circularity (Commission note).
  • Will be applied progressively by product groups (electronics, textiles, furniture, tires, etc.) through specific implementing acts.
  • Introduces the digital product passport, which will concentrate sustainability information and facilitate activities of remanufacturing, refurbishing, and recycling.

For consumer electronics, the regulation is complemented by specific ecodesign rules which, according to specialized press, require redesigning, for example, mobile phones so that:

  • Batteries are removable and replaceable without special tools.
  • Key components can be easily disassembled.
  • Availability of spare parts is guaranteed for several years after the model is discontinued (Demócrata).

These design rules facilitate that products are repairable and refurbishable, and apply both for first use and for their subsequent reintroduction to the market as refurbished.

2. Right to repair and consumer guarantees

In consumer matters, the key points are:

  • EU minimum legal warranty: European legislation requires, at minimum, a two-year legal warranty for consumer goods, also applicable to refurbished products when sold to consumers. Member States may offer longer periods (in Spain, three years for new products) (Commission representation in Spain and Demócrata).
  • Directive (EU) 2024/1799, on common rules to promote repair of goods (“right to repair”):
  • Obliges manufacturers to offer repair, even after the legal warranty expires, for certain products such as washing machines, dishwashers, refrigerators, screens, vacuum cleaners, mobile phones, tablets, and certain battery-powered light transport devices (Junta de Andalucía).
  • Requires that repair be free or reasonably priced, with clear and accessible information about repair services and spare parts.
  • Imposes the availability of spare parts for at least ten years from when the product ceases production, and allows the manufacturer to offer a refurbished good when repair is not possible (Junta de Andalucía).
  • Must be transposed into national laws no later than July 31, 2026; until then, it coexists with the warranty rules already applicable.

Additionally, Directive (EU) 2024/825 on empowering consumers for the green transition strengthens obligations to inform about durability and reparability and combats “greenwashing,” amending Directive 2011/83/EU on consumer rights. Its application is supported by an Implementing Regulation (EU) 2025/1960 that standardizes notices about legal warranty and the “EU GARAN” label for extended commercial durability warranties (Demócrata).

3. WEEE, hazardous substances, and batteries

Refurbished electrical and electronic products must comply with the same environmental rules as new ones:

  • Waste Electrical and Electronic Equipment (WEEE): WEEE legislation imposes collection, treatment, and financing obligations on producers and distributors, and also applies when old equipment is replaced by refurbished ones. Non-compliance with these obligations by some channels (e.g., certain marketplaces) has already been pointed out by the appliance sector (Demócrata).
  • Restriction of hazardous substances (RoHS) and REACH: consumer organizations have emphasized that the chemical limits of these rules apply equally to headphones, headsets, and other electronic devices, warning that some products on the market do not meet these standards (Demócrata). A refurbished product can only be marketed if it complies with these limits.
  • Regulation (EU) 2023/1542 on batteries and battery waste and complementary ecodesign regulations: set requirements for user removability and replaceability of batteries, as well as minimum availability periods for replacement batteries (at least seven years for certain devices), which condition both initial design and possibilities for subsequent refurbishing (Demócrata).
4. Practical summary for refurbished products

Overall, a refurbished or remanufactured product sold today in the EU must comply, at minimum, with:

  • The ecodesign, durability, and reparability requirements that come into force under the Ecodesign for Sustainable Products Regulation.
  • The general safety and chemical standards (REACH, RoHS, and other sectoral ones), without exceptions due to being refurbished.
  • The WEEE obligations and, where applicable, specific ones for batteries, both at first market placement and in subsequent use cycles.
  • The EU minimum two-year legal warranty regime (or the longer one established by each State) and, progressively, the reinforced repair and information obligations provided in Directives (EU) 2024/1799 and 2024/825.

This framework, designed for all consumer goods, is being refined precisely to facilitate and promote markets for repair, refurbishing, and second life, not only for electronics but also for other durable goods.

What specific obligations will Directive (EU) 2024/1799 impose on a workshop or technical service that wants to specialize in refurbished products? How are large retailers and marketplaces adapting to WEEE and battery obligations when selling refurbished products? What are the main differences introduced by the Ecodesign for Sustainable Products Regulation compared to the previous ecodesign directive regime?

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