Directive 85/374/EEC

Infobox EU Legislation
title=On the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
type=Directive
institution=Council of the European Union
citation=85/374/EEC
OJ=L 210, 07/08/1985 P.0029-0033
made_by=Jacques Poos
made=25 July 1985
notified=30 July 1985
repeal_date=—
amendments=1999/34/EC
related_legislation=89/392/EEC; 91/368/EEC
repealing_legislation=—
status=Current
original_text=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31985L0374:EN:HTML
current_text=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:1985L0374:19990604:EN:PDF
notice=http://eur-lex.europa.eu/Notice.do?pos=2&hwords=&page=1&lang=en&pgs=10&nbl=2&list=137575:cs,115911:cs

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. [Clark (1989) "pp"13-12] [van Gerven (2000) "pp"638-639] The Council adopted a resolution in 1975 for a preliminary programme on consumer protection and information technology. ["Official Journal of the European Community" [1975] C 92/2] [van Gerven (2000) "p."643] Moves towards a strict liability regime in Europe began with the Council of Europe Convention on Products Liability in regard to Personal Injury and Death (the Strasbourg Convention) in 1977. [ cite web | title=European Convention on Products Liability in regard to Personal Injury and Death | year=1977 | publisher=Council of Europe | accessdate=2008-04-30 | url=http://conventions.coe.int/treaty/en/Treaties/Html/091.htm ] The Pearson Commission in the UK noted that this work had started, and refrained from making their own recommendations. [ cite news | work=The Times | date=17 March 17 1978 | page=4, col D | title=Pearson Report: Plan for 'no fault' compensation for road accident victims financed by petrol tax | authorlink=Marcel Berlins | author=Berlins, M. ] A second EU programme followed in 1981. [OJ [1981] C 133/1]

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 preamble then goes on:

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. [Shears (2001)]

Development risks defence

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

As of 2004, all EU member states other than Finland and Luxembourg had taken advantage of it to some extent. [Giliker & Beckwith (2004) 9-029]

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. [ cite web | title=Council Directive 85/374/EEC - national provisions | accessdate=2008-04-16 | url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:71985L0374:EN:NOT | work=EUR-Lex ]

Review

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

References

Bibliography

* cite book | title=Product Liability | author=Clark, A. M. | year=1989 | location=London | publisher=Sweet & Maxwell | id=ISBN 0-421-38880-3
* cite book | title=EU Law: Text, Cases and Materials | author=Craig, P. & De Búrca, G. | location=Oxford | publisher=Oxford University Press | id=ISBN 0-19-924943-1 | pages=Ch.28 Completion of the Single Market
*European Commission (1999) " [http://europa.eu/documents/comm/green_papers/pdf/com1999-396_en.pdf Green Paper - Liability for defective products] ", COM(1999)396 final
* cite book | author=Giliker, P. & Beckwith, S. | year=2004 | title=Tort | publisher=Sweet & Maxwell | location=London | id=ISBN 0-421-85980-6 | pages=9-014 - 9-038 | edition=2nd ed.
* cite journal | title=Development risks: Unanswered questions | author=Hodges, C. | journal=Modern Law Review | volume=61(4) | year=1998 | pages=560-570
* cite journal | title=The evolution of the single market - harmonisation or liberalisation? | author=McGee, A. & Weatherill, S. | journal=Modern Law Review | year=1990 | volume=53 | pages=578
* cite journal | title=Food for thought - What mad cows have wrought with respect to food safety regulation in the EU and UK | author=Shears, P. "et al." | journal=British Food Journal | year=2001 | volume=103(1) | pages=63-87
* cite book | title=Cases, Materials and Texts on National, Supranational and International Tort Law | author=van Gerven, W. "et al." | year=2000 | location=Oxford | publisher=Hart Publishing | id=ISBN 1-84113-139-3 | pages="pp"643-683