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Directive {{{number}}}

European Union directive
Title	On the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
History
Date made	25 July 1985
Current legislation

Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products is a directive of the Council of the European Union that created a regime of strict liability for defective products.

Background

A system of strict product liability had developed in the U.S. by the early 1960s, but not in the United Kingdom or other European Union (EU) member states. The Council adopted a resolution in 1975 for a preliminary programme on consumer protection and information technology, and the Pearson Commission in the UK noted that this work had started, and refrained from making their own recommendations. A second programme followed in 1981.

The preamble to the directive cites Art.100 (subsequently renumbered to Art.94) of the Treaty of the European Union and the aim to achieve a single market:

The Council shall, acting unanimously on a proposal from the Commission, issue directives for the approximation of such laws, regulations or administrative provisions of the members states as directly affect the establishment of the common market.

The preamble then goes on:

... approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products is necessary because the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property;

... liability without fault on the part of the producer is the sole means of adequately solving the problem, peculiar to our age of increasing technicality, of a fair apportionment of the risks inherent in modern technological production;

The directive

Articles 1 to 12 create a scheme of strict product liability for damage arising from defective products. This liability is inaddition 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 conventions (article 14). The original directive did not extend to game or primary agricultural produce (article 2) but this exception was repealed by directive 1999/34/EC following concerns over BSE.

Development risks defence

Main article: Development risks defence

Article 15(1)(b) of the directive gives member states the option of adopting the development risks defence:

1. Each Member State may:
...
(b) by way of derogation ... maintain ... or provide in [its] legislation that the producer shall be liable even if he proves that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of a defect to be discovered.

As of 2004, all EU member states other than Finland and Luxembourg 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. Article 19 demanded implementation within 3 years.

Member state	Means of implementation	Date of implementation	Comments
Belgium	Loi du 25/02/1991 relative à la responsabilité du fait des produits défectueux - Wet van 25/02/1991 betreffende de aansprakelijkheid voor produkten met gebreken. Moniteur belge du 22/03/1991 Page 5884	25 February 1991	—
Czech Republic	1. Zákon o odpovědnosti za škodu způsobenou vadou výrobku 2. Zákon, kterým se mění zákon č. 59/1998 Sb., o odpovědnosti za škodu způsobenou vadou výrobku	?	—
Denmark	Lov nr. 371 af 07/06/1989 om produktansvar. Justitsmin.L.A. 1988-46002-11. Lovtidende A haefte 58 udgivet den 09/06/1989 s.1260. JLOV	9 June 1989	—
Estonia	Võlaõigusseadus	?	—
France	Act 98-389, Arts 1386-1 to 1386-18 of the Civil Code	19 May 1998	—
Germany	Produkthaftungsgesetz	15 December 1989	—
United Kingdom	Consumer Protection Act 1987	1 March 1988	—
...	...	...	...

Review

Article 21 demanded that the Commission report to the Counci on the application of the directive every five years.

Date	Reference	Principal recommendations
12 December 1995	COM/95/617 final	None
9 February 2000	COM/2000/0893 final	No changes to directive but recommendations on further data gathering and expert review
14 September 2006	COM/2006/0496 final	None

Bibliography

• Clark, A. M. (1989). Product Liability. London: Sweet & Maxwell. ISBN 0-421-38880-3.
• Craig, P. & De Búrca, G. EU Law: Text, Cases and Materials. Oxford: Oxford University Press. pp. Ch.28 Completion of the Single Market. ISBN 0-19-924943-1.{{cite book}}: CS1 maint: multiple names: authors list (link)
• Giliker, P. & Beckwith, S. (2004). Tort (2nd ed. ed.). London: Sweet & Maxwell. pp. 9-014 - 9-038. ISBN 0-421-85980-6. {{cite book}}: |edition= has extra text (help)CS1 maint: multiple names: authors list (link)
• McGee, A. & Weatherill, S. (1990). "The evolution of the single market - harmonisation or liberalisation?". Modern Law Review. 53: 578.{{cite journal}}: CS1 maint: multiple names: authors list (link)
• Shears, P.; et al. (2001). "Food for thought - What mad cows have wrought with respect to food safety regulation in the EU and UK". British Food Journal. 103(1): 63–87. {{cite journal}}: Explicit use of et al. in: |author= (help)
• van Gerven, W.; et al. (2000). Cases, Materials and Texts on National, Supranational and International Tort Law. Oxford: Hart Publishing. pp. pp643-683. ISBN 1-84113-139-3. {{cite book}}: Explicit use of et al. in: |author= (help)