The Product Liability Directive''
85/374/EECis a
directive of the
Council of the European Communities
The Council of the European Union, often referred to in the treaties and other official documents simply as the Council, and informally known as the Council of Ministers, is the third of the seven Institutions of the European Union (EU) as ...
(now the European Union) which created a regime of
strict liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant.
...
for defective products applicable in all member states of the European Union, the other
EEA members (Iceland, Liechtenstein and Norway) and the United Kingdom.
Background
The Council adopted a resolution in 1975 for a preliminary programme on
consumer protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent business ...
and
information technology
Information technology (IT) is the use of computers to create, process, store, retrieve, and exchange all kinds of data . and information. IT forms part of information and communications technology (ICT). An information technology syste ...
. Moves towards a strict liability regime in Europe began with the
Council of Europe
The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
(the Strasbourg Convention) in 1977. The
Pearson Commission
The Royal Commission on Civil Liability and Compensation for Personal Injury, better known as the Pearson commission was a United Kingdom royal commission, established in 1973 under the chairmanship of Lord Pearson. The commission reported in 197 ...
in the
UK noted that this work had started, and refrained from making their own recommendations. A second EU programme followed in 1981.
The
preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
to the directive cites Art. 100 (subsequently renumbered to Art. 94, then to Art. 115) of the
Treaty of Rome
The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was sig ...
and the aim to achieve a
single market:
The preamble then goes on:
Content
Articles 1 to 12 create a scheme of strict product liability for damage arising from defective products. This liability is in addition to any existing rights that consumers enjoy under domestic law (article 13).
The directive does not extend to
nuclear accidents, these being covered by existing
international convention
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
s (article 14). The original directive did not extend to
game
A game is a structured form of play, usually undertaken for entertainment or fun, and sometimes used as an educational tool. Many games are also considered to be work (such as professional players of spectator sports or games) or art (suc ...
or primary
agricultural produce (article 2) but this exception was repealed by directive 1999/34/EC following concerns over
BSE.
Development risks defence
Article 15(1)(b) of the directive gives member states the option of adopting the development risks defence:
, all EU member states other than
Finland
Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of Bot ...
and
Luxembourg
Luxembourg ( ; lb, Lëtzebuerg ; french: link=no, Luxembourg; german: link=no, Luxemburg), officially the Grand Duchy of Luxembourg, ; french: link=no, Grand-Duché de Luxembourg ; german: link=no, Großherzogtum Luxemburg is a small lan ...
had taken advantage of it to some extent.
Implementation by state
Because EU directives do not have
direct effect, they only come into force on persons in member states when implemented in national
legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
. Article 19 demanded implementation within 3 years.
Review
Article 21 demanded that the Commission report to the council on the application of the directive every five years.
In 2021, the European Commission contracted an Impact Assessment study on the possible revision of the Product Liability Directive.
[CSES (2021) ]
Notes
References
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*European Commission (1999)
Green Paper - Liability for defective products', COM(1999)396 final
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External links
Text of the original DirectiveText of the amending Directive 1999/34/EC
{{DEFAULTSORT:Product Liability Directive
Safety
Product liability
1985 in law
1985 in international relations
1985 in the European Economic Community