| Abstract: | The article discusses elements of a horizontal general product safety policy for the European Community and its relationship with the new approach to technical harmonization and standardization. The following particular elements are treated: (a) the adoption of a general obligation for manufacturers to produce and market products which are safe; (b) the European Home and Leisure Accident Surveillance System as an instrument for improving the construction of products and for instigating follow-up market controls; (c) follow-up market controls (improving the Community System for the Rapid Exchange of Informations on Dangers Arising from the Use of Consumer Products, harmonization of the means of control and intervention in the several Member States, interim measures at Community level in cases where products constitute grave and immediate dangers in more than one Member State); (d) setting up a Standing Committee for all questions on product safety policy; (e) consumer participation in the standard-setting process; (f) the complementary function of the Product Liability Directive. The case-law of the European Court of Justice relating to the free movement of goods and the remaining competences of Member States are taken into account. Finally, the example of the proposed Directive on machinery makes clear that the new approach to technical harmonization and standardization interferes strongly with the established structures of worker and consumer safety regulations in the several Member States as well as with traditional procedures of standardization and certification. |
