In October 2025, the European Commission published its Work Programme 2026. This document sets out a series of legislative and non-legislative measures that would determine the direction of EU policy for the year ahead. Among those, the ‘European Product Act’ was announced as a package encompassing the revision of the New Legislative Framework (NLF), of the Market Surveillance Regulation (MSR) and of the rules on standardisation. While the European Commission did not give out more details on this initiative, which is expected to be tabled in Q3 2026, the launch of the public consultations on the NLF and the MSR gave some hints about the objectives pursued and policy options considered.
The European Product Act: a necessary alignment between compliance and enforcement
The fact that the European Commission considers the NLF and the MSR under a single initiative, whether it results in a unique legislative text or a package of two (in addition to the Standardisation Regulation), is a positive approach. Ecommerce Europe advocates for a framework that both incentivises compliance and facilitates enforcement. This can only be achieved if the rules can be realistically complied with and enforced, given the practical challenges the e-commerce sector is currently facing:
- The rules are too complex, burdensome and costly for compliant businesses.
- The rules are not properly enforced in the EU, notably due to authorities’ lack of resources and coordination.
- The rules are difficult to enforce against non-compliant businesses based in third countries.
Considering the above, Ecommerce Europe welcomes the revision of the NLF and MSR under the European Product Act as an opportunity to link the two procedures and streamline their respective scope and objective, as well as to bridge the knowledge gap and purpose between the two sets of rules.
The revision of the NLF: a strong focus on digitalisation and the circular economy
With this revision, and building on the findings of the 2022 evaluation of the NLF, the European Commission aims to address the shortcomings that were identified, to ensure a framework that is fit for the future and aligned with the objectives of the circular economy and digitalisation. The survey of the public consultation, conducted from November 2025 to February 2026, gave some insights into the policy options considered by the European Commission to achieve this objective, potentially under the European Product Act.
The survey notably aimed at collecting stakeholders’ views on what information could be included in a potential ‘digital compliance tool’, taking into consideration the benefits and costs involved for businesses. The European Commission also wants to identify to what extent the digitalisation of product compliance information would facilitate market surveillance checks.
Then, focusing on e-commerce, the survey notably aimed at identifying if the digitalisation of product compliance information could “reduce the number of non-compliant products entering the EU from third countries through online sales”. The questions also tackled enhanced consumer information and awareness, as well as facilitated market surveillance checks.
The European Commission acknowledged the difficulties market surveillance authorities may face when assessing the compliance of products that cannot be considered new, as well as in differentiating between substantially modified, reused and refurbished products. In line with this, Ecommerce Europe welcomes the recognition that key definitions are lacking from the current NLF, such as refurbisher, refurbishment, repairer, reuse or repair, which contribute to the difficulties encountered by authorities and businesses. In line with this, the survey notably sought to identify options for adapting the product requirements from product legislation to the specificities of the circular economy.
The revision of the MSR: for a coordinated and harmonised enforcement
Alongside launching a public consultation on the NLF, the European Commission also opened both a call for evidence and a public consultation on the MSR. The tone of these evidence-gathering exercises is clear: ensure that products placed on the EU market, regardless of their origin, comply with EU law. This will help protect consumers and workers, preserve the level playing field for economic operators, safeguard the environment, and help compliant businesses, including SMEs, benefit from simpler rules. As part of the review, the Commission pinpoints existing challenges, such as “gaps in regulating online sales”.
As an enforcement tool, the revision of the MSR will strive to improve enforcement and product compliance, with a focus on products entering the EU via e-commerce. Ecommerce Europe believes that the revamp should pursue three main objectives. First, the need for simplification and rationalisation of the EU product acquis, with the enshrining of the concept of ‘general product compliance’. This would correspond to proving and verifying conformity with a set of product requirements applying to the largest pool of products belonging to EU harmonisation legislation. Concretely, the MSR would function as an entry point for both companies and authorities to learn about their cross-cutting obligations when (first) marking available products on the market (and post-market placement), or performing market surveillance activities, respectively.
Second, the urgency to strengthen the overall EU product oversight mechanisms by increasing the cooperation between involved authorities and the overall compliance levels of companies active on the EU market. Lastly, pursue the strategic priority to boost alternative consumption models, namely circular business models and products.
In the context of a possible European Product Act, aiming at simplification of product rules is as important as enhancing enforcement. The two objectives are key to achieving a level playing field in e-commerce.