Product conformity: green light for the EU agreement on simplification and digitalisation

The principle of “digital by default” in product documentation, with paper options only where necessary, whilst respecting consumers’ rights and safety. And, in the absence of harmonised standards, exceptional recourse to “common specifications”. These are the two key elements of the agreement reached yesterday, 9 June, between Parliament and Council negotiators on promoting the use of digital formats to simplify reporting requirements.

The package on simplification package on digitalisation and on common specifications (directive and regulation) promotes the use of digital formats for product information, such as declarations of conformity, instructions and contact details. Furthermore, it simplifies communication between economic operators and authorities, whilst strengthening the EU’s ability to adopt common specifications in exceptional circumstances, where harmonised standards are unavailable or insufficient. The Commission’s exclusive right to adopt common specifications is only temporary and has a duration of 48 months from the entry into force of the legislation.

The agreement reached paves the way for the full digitalisation of product compliance across the single market, improving efficiency, transparency and regulatory consistency across different sectors. The ‘digital by default’ principle encourages public authorities to modernise the administrative requirements of EU product legislation and promotes a paperless single market, based on interoperable data and the ‘once-only’ principle.

The agreed measures include the digitisation of the EU Declaration of Conformity (DoC), mandatory electronic exchange between economic operators and competent authorities, and the introduction of a direct “digital contact point” for economic operators. The latter allows consumers and competent authorities to contact operators directly (e.g. via email or a contact form), without the need to register, share data or download a specific app. The legislation excludes automated replies, chatbots and telephone hotlines.

The instructions for use for the product may be provided in digital format, with the exception of safety information, which must be available on paper or displayed on the product, taking into account consumers with limited digital skills or access. Manufacturers must provide accessible ways to request printed information , which may include a telephone number.