Uncertainty in EU standardisation threatens product legislation

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A recent EU court ruling on public access to standards has raised concerns about the future of the EU’s product regulation framework. A new policy brief warns that legal uncertainty could undermine both sustainability efforts and the internal market.

The EU’s product regulation framework is facing legal uncertainty following the Malamud ruling by the European Court of Justice (ECJ). The ruling, which requires free public access to harmonised European standards (hENs), raises concerns about the financial sustainability of standardisation bodies and the future of the Legislative Framework (NLF). These standards allow EU laws to remain flexible and technology-neutral.

“The New Legislative Framework is the cornerstone of EU product regulation and a well-functioning Single Market, but must be adapted to address new challenges such as lifecycle compliance and sustainability”, says Iness Hadji, legal adviser at the National Board of Trade and author of the policy brief.

To preserve a well-functioning European standardisation system, which is essential to the EU’s product legislation, a balanced solution is required that safeguards the strengths of the system.

Read or download the full policy brief
Uncertainty in Standardisation: A systemic risk for the New Legislative Framework and the EU internal market