Internal Market: Suggestions for a revision of the Blue Guide on the implementation of EU product rules 2016

Orgalim welcomes the update of the Blue Guide which supports the application of the New Legislative Framework (NLF). We believe that the latter is still fit for purpose to support the smooth operation of the European Single Market. 

We are happy to suggest several areas for clarification, including: 

- Legal concepts and definitions in relation to the application of the Lex Specialis, ‘Making available on the market’, ‘Placing on the market’, ‘fulfilment service provider’, ‘online interface’, ‘end user’, ‘Authorised representative’, ‘serious risk’, and more; 

- Alternative to comply through digital means to facilitate the provision of documentary evidence via electronic means and likewise increase the efficiency of market surveillance controls, including traceability requirements (web address as an alternative to on-product printed address or the declaration of conformity); 

- Alternative to paper instructions and safety information for products, which the manufacturer could provide to the end user as an acceptable alternative to the printed paper format. There would be many benefits attached to this, among them costs savings for all stakeholders including customers and the authorities, a decreased environmental impact and an improved level of safety; 

- New provisions in Regulation 2019/1020 on market surveillance and compliance of products, such as the setting up and the operation of ‘joint initiatives’ between trade associations and market surveillance authorities (MSAs), the principle of presumption of non-compliance, product recall, or the recovery of costs by MSAs. 

Read our full recommendations by downloading the position above.