The European Commission has formally launched the legislative revision of the New Legislative Framework, marking a significant regulatory development for the secondary electronics and refurbishment sector across Europe. The initiative has been elevated to a political priority by Commission President Ursula von der Leyen, signalling strong institutional momentum behind updating the framework that underpins product compliance, market surveillance and harmonisation across the European Union. For businesses active in used smartphones, refurbishment and recommerce, the revision represents a potentially transformative shift in how circular products are regulated, assessed and scaled.
Public consultation underway
As part of the process, the Commission has opened a public consultation running until 4 February 2026. During this period, stakeholders across the value chain are invited to provide direct input on how EU product legislation should evolve to better support circular economy objectives and the digital transition. Industry participants, including refurbishers and recommerce operators, are being actively encouraged to contribute, reflecting growing recognition that existing legislation has not fully accommodated secondary market realities.
Role of the legislative framework
Established in 2008, the New Legislative Framework aligns 30 EU legal acts governing product safety, conformity assessment and CE marking. While originally designed to streamline compliance for manufacturers and authorities, the framework predates large-scale refurbishment, digital compliance tools and structured circular business models. As a result, it has increasingly been viewed as misaligned with modern electronics lifecycles, particularly for devices that re-enter the market after first use.
Digital product passport integration
A central objective of the revision is the integration of digital solutions such as the Digital Product Passport into EU law. For the secondary smartphone market, this could improve access to reliable compliance and lifecycle data, supporting more consistent device grading, traceability and cross-border trade. Enhanced digital transparency is expected to reduce information gaps that currently hinder refurbishment scalability and undermine trust in secondary devices.
Addressing regulatory shortcomings
The Commission has explicitly acknowledged shortcomings in the existing framework, including unnecessary regulatory burdens for businesses and authorities, insufficient oversight of notified bodies, and limited consumer understanding of CE marking. These gaps have contributed to market inefficiencies, delayed compliance verification and untapped circular potential, particularly for refurbished electronics operating within fragmented national interpretations.
Implications for refurbishers
Refurbishers and circular economy businesses are explicitly identified as key stakeholders in the consultation. A revised framework that better reflects repair, reuse and resale processes could lower compliance friction, improve market access and support more predictable cross-border operations. For the secondary mobile sector, the outcome may directly influence investment confidence, refurbishment volumes and the pace at which circular models mature across Europe.
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