User:Cutler/laplace

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 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 The original directive did not extend to game or primary agricultural produce (article 2) but this exception was repealed by  directive 1999/34/EC following concerns over BSE.

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.

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.

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