eu product safety law & market surveillance to become more consistent
DESCRIPTION
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.TRANSCRIPT
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
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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
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• 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
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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
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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
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