Product liability and product safety-complementary approaches to consumer safety. Some observations of the situation in the EEA

Abstract

In this paper the author asserts that product liability and product safety are complementary instruments to achieve a safer environment for consumers. Whereas legislation on product liability has a remedying function, legislation on product safety has a preventive one. The present situation in the EEA countries as regards the implementation of the Council Directives on Product Liability and Product Safety is summarized as well as the basic content of the Directives. It seems that almost all EEA countries have implemented the Liability Directive. The EFTA countries probably have-in comparison with the EU countries-to some extent a more positive implementation approach. It is too premature to foresee how the EEA countries will implement the Product Safety Directive of June 29, 1994. However, for many years most West European countries have had rules regulating product safety. The product safety policy in the EEA countries has been enhanced by co-operation within the OECD, the EU and the EFTA. Market control co-ordination will be an important part of the EEA efforts in the future to increase safety for consumers.