Lane believes that these proposals will lead to a pan-European rule on transit pricing. Susan Farmer, a partner in Denton Wilde Sapte's energy and infrastructure group, welcomes the acceleration of the harmonisation and liberalisation of the gas market. Farmer stresses that it is very important to look at the individual circumstances of each member state in assessing the market. Each country is unique, she says, for example Belgium is a transit state only, which does not have a huge consumer market. As a result of strong lobbying, the incumbent providers are to a certain extent protected.
Product liability is an area subject to regular review.
It issued a report in January 2001 containing the responses to its green paper proposals. They included shifting the burden of proof away from the claimant once the damage is shown to the producer for defectiveness and causal links. These measures were not implemented this time around, being premature given the lack of research into the effectiveness and use of the directive. However, Alexander believes that the commission's expert group, set up as a result of the green paper response, will reopen these issues. He says there will be a drive to remove the development risks' exemption and manufacturers will need to think how to prepare for its removal.