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Replies to the Green Paper on Liability for Defective Products

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In publishing the Green Paper on Liability for Defective Products, the European Commission began the process of consulting all concerned parties, in order to examine how the rules on liability for defective products (Directive 85/374/EEC as amended by Directive 99/34/CE ) are really applied. The Commission opened a discussion on the advisability of a substantial review of existing provisions of the Directive, as called for by the European Parliament. All comments received up until 31 January 2000 are published here, as foreseen in the Green Paper.

It is possible to distinguish four categories of persons contributing:

  • consumer groups (both national & European)
  • different sectors of industry
  • administrations of Member States and of some other European countries
    • specialist liability law bodies

Replies were received from almost all Member States as well as some other European countries, and the US. The Economic and Social Committee adopted on 1 March 2000 an opinion on the Green Paper . The European Parliament voted a resolution on the Green Paper at its session of 30 March 2000.

A consultant's document gives a first overview of a large number of comments received.

All comments received were studied and integrated in the second report on the application of the Directive on product liability ), adopted end of January 2001. It contains a detailed study of the functioning of the Directive and discusses the advisability of any possible amendment to it.

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