Report on the application of Directive 85/374/EEC on the approximation of the laws, regulations, and administrative provisions of the Member States concerning liability for defective products

Author (Corporate)
Series Details COM (2018) 246
Publication Date 07/05/2018
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Summary:

Report published by the European Commission in May 2018 on the perfomance of Directive 85/374/EEC - also known as the Product Liability Directive - in the European Union.

Further information:

Council Directive 85/374/EEC (the 'Product Liability Directive') aims to ensure that producers take responsibility for defective products vis-à-vis consumers. It was one of the first pieces of EU legislation that explicitly aimed to protect consumers. It introduced the concept of strict liability, where producers are responsible for defective products, regardless of whether the defect is their fault. The Directive also aimed to contribute to economic growth by providing a stable and legal environment of equal competition that allows companies to place innovative products on the market.

The EU and its rules on product safety evolved ever since this Directive was adopted, as have the economy and technologies. New challenges have also emerged. In this context, the European Commission carried out an assessment of the Directive to evaluate its performance. The evaluation - adopted by the Commission on 7 May 2018 - showed that even though products are much more complex today than in 1985, the Product Liability Directive continues to be an adequate tool. However, a need for clarification on the legal understanding of certain concepts was detected. The assesment also urges stakeholders to look closely at certain products which may pose a challenge to the performance of the Directive.

Source Link https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2018:246:FIN
Related Links
Official
EUR-Lex: SWD(2018)157: Evaluation of Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:157:FIN
EUR-Lex: SWD(2018)158: Stakeholder consultation - synopsis report https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2018:158:FIN

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