European Commission begins review of Standardisation Regulation.

The European Commission has begun revising the Standardisation Regulation. Feedback on the impact assessment was collected until mid-July, with a public consultation planned for the autumn. The focus is on accelerating the European standardisation process and improving stakeholder participation.

Study on the need to reform the Standardisation Regulation

The Standardisation Regulation, in force since 2012, forms the foundation of the European standardisation system. At the initiative of the European Commission, it was evaluated by external service providers. While the study confirms coherence, efficiency, and inclusiveness, it also highlights reform needs. The standardisation process takes around six years on average - a period that is considered to be too long. The participation of small and medium-sized enterprises and civil society organisations is considered insufficient. In addition, European interests and values could be better strengthened through more flexibility, agility and competition within the standardisation system.

Initiation of the revision process

Based on the results of the study and a public consultation carried out in summer 2024 with similar findings, the Commission has initiated the revision of the regulation. Following the conclusion of the current exploratory phase, the plan is to present a legislative proposal in the second quarter of 2026.

Impact of the Malamud decision

In addition to the study results, the so-called Malamud decision will shape the future of standardisation. In March 2024, the European Court of Justice (ECJ) ruled that harmonised standards referred to in EU legal acts must be publicly accessible as part of EU law - regardless of copyright. Accordingly, free and unpaid access to these standards must be guaranteed if they are referenced in European legislation. In response to this, national standards organisations set up digital portals that provide read-only access to corresponding national versions of standards. The Malamud decision is seen as a key driver for the ongoing reform - particularly with regard to free access to standards, the participation of public bodies and the modernisation of procedures for the creation and publication of standards.

As harmonised European standards are partially or fully based on international standards, the publication obligation also affects international organisations such as the International Electrotechnical Commission (IEC) and the International Organization for Standardization (ISO). Both organisations filed a lawsuit against the EU in December 2024 to prevent unwanted disclosure of their standards. The impact of this lawsuit on the reform plans remains to be seen.

Common specifications as an alternative instrument

The study suggests common specifications as a possible alternative to harmonised standardisation. These can be issued by the European Commission if no harmonised standard exists, is not available in time or proves to be unsuitable. In practice, common specifications have rarely been used to date - typically in areas with high innovation pressure or particular safety relevance. Nevertheless, concerns are also expressed with regard to increased utilisation.

From the DSV's point of view, it is clear that common specifications must not become a substitute for regular standardisation procedures. Their use must be limited to exceptional cases, follow clear and legally binding criteria and take place in a transparent process. Early and comprehensive involvement of all relevant interest stakeholders must be ensured.