EU Product Safety Law & Market Surveillance to become more consistent


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New regulations on Consumer Product Safety & Market Surveillance were adopted by the European Parliament on 15 April 2014 before discussion with the Council of the EU; they will replace the current EU General Product Safety Directive adopted in 2001.
They should create a coherent approach to product safety and market surveillance leading to lower compliance costs for economic operators.
The thing that remains unclear is the impact on insurance pricing of the new regulations in terms of the number of future claims and the coverage of insured companies against the cost of a corrective action and the liability for product defects.

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EU Product Safety Law & Market Surveillance to become more consistent

  1. 1.  2014 FERMA EU Product safety law to become more consistent New Regulation on Consumer Products Safety adopted on 15 April 2014 Julien Bedhouche FERMA European Affairs Adviser 1
  2. 2.  2014 FERMA 2014 FERMA Current product safety rules in the EU: fragmented and unclear The current Directives do not give legal certainty for cross-border operators • 2001: General Safety Product Directive 2001/95 • 1985: Product Liability Directive 85/374 Gives too many options to member states • Different possible interpretations of the Directive • National liability regimes remain in place High compliance cost & complex insurance programs to cover different legislations 2
  3. 3.  2014 FERMA 2014 FERMA • It directly replaces national measures No need to be implemented into national law by Member States • business done on the basis of a single regulatory framework • no more 'patchwork' of Member States' national laws. Strong simplification effect • Presumption of safety for products already subject to specific harmonised product safety legislation (toys, cosmetics…) Applies to non-food consumer products only when no sector- specific EU legislation New Regulations on Consumer Products Safety and Market Surveillance 3
  4. 4.  2014 FERMA 2014 FERMA Increased Market Surveillance One set of rules for all Market Surveillance authorities in the EU Better communication and information sharing between authorities Heavier safety rules for manufacturers, importers, distributors Identification, traceability and notifications Prior safety assessment (risk analysis, technical documentation) Level playing field among EU countries Possible lower compliance costs for cross-border operators Impact on insurance pricing More notifications to authorities More litigation between manufacturers, importers and distributors More frequent recalls New Regulations on Consumer Products Safety and Market Surveillance 4
  5. 5.  2014 FERMA 2014 FERMA New Regulations on Consumer Products Safety and Market Surveillance Adopted by the European Parliament • on 15 April 2014 Possibly effective after Council of the EU approval • early 2015 in the 28 EU countries 5
  6. 6.  2014 FERMA 2014 FERMA Legal Notice 2014 FERMA. All rights reserved. You are not permitted to create any modifications or derivatives of this presentation or to use it for commercial or other public purposes without the prior written permission of FERMA. Although all the information used was taken from reliable sources, FERMA does not accept any responsibility for the accuracy or comprehensiveness of the details given. All liability for the accuracy and completeness thereof or for any damage resulting from the use of the information contained in this presentation is expressly excluded. Under no circumstances shall FERMA be liable for any financial and/or consequential loss relating to this presentation. 6