EUEUROPEAN DIRECTIVES AND STANDARDS ON PRODUCT SAFETY

摘要

The European Union (EU) is a union of twentyseven independent states based on the European Communities and founded to enhance political, economic and social cooperation, formerly known asEuropean Community (EC) or European Economic Community (EEC). Sweden became a member of EC on 1st of January 1995. The free movement of goods is central to the creation of the single European Market. One of the barriers to this free movement is the national law on product safety. Many laws differed and therefore created technical barriers for manufacturers selling across the Community.1985 the European Community Ministers agreed on a “New Approach to Technical Harmonization and Standards” to remove these barriers to trade. The “New Approach” was based on a series ofDirectives–Community laws–written in general terms, giving essential safety requirements which must be met before the product can be placed on the market.The European standards bodies have the task of drawing up the corresponding technical specifications meeting the essential requirements of the directives, compliance with which willprovide a presumption of conformity with the essential requirements, refereed to as “harmonized standards”.The Global Approach to certification and testing lay down general guidelines and detailed procedures for conformity assessment that is to be used in New Approach Directives. The internal market implies that Member State can, under certain strict circumstances, restrict the free movement or marketing of a specific product type lawfully manufactured or marketed in another Member State. However if it takes a restrictive measure, it must notify it to the Commission. National surveillance authorities monitor that products placed on the market comply with the provisions of the applicable national legislation transposing the Community law. The EC Directive on Liability for Defective Products introduces a system of "strict liability" in the Community. This means that the producer is liable for damages caused by a defect in a product without having to prove negligence or breach of contract on the part of producer, and irrespective of any contractual relationship between the producer and the injured person.This has lead to an essential change in the laws of most EC Member States. This paper provides an overview of the European directives and standards on product safety and product liability.