Opinion of the Economic and Social Committee on the 'Communication from the Commission: Review of reactions to the White Paper "Teaching and learning: towards the learning society"'
Date: 1998-01-28
Institutions: European Economic and Social Committee
Subjects: continuing education, education, information technology, professional qualifications, vocational training

C 95/62

EN

Official Journal of the European Communities

30.3.98

Opinion of the Economic and Social Committee on the ‘Communication from the Com-
mission: Review of reactions to the White Paper “Teaching and learning: towards the learning
society”’

(98/C 95/16)

On 3 June 1997 the Commission decided to consult the Economic and Social Committee,
under Article 198 of the Treaty establishing the European Community, on the above-mentioned
communication.

The Section for Social, Family, Educational and Cultural Affairs, which was responsible for
preparing the Committee’s work on the subject, adopted its opinion on 18 December 1997.
The rapporteur was Mr Koryfidis.

At its 351st plenary session (meeting of 28 January 1998), the Economic and Social Committee
adopted the following opinion by 53 votes in favour, one against and one abstention.

1.

Introduction

and training, the Committee:

1.1.
The document under discussion here sets out to
distil the main policy signals received by the Commission
last summer, as a result of the debates following
publication of the White Paper on education and training
‘teaching and learning — towards the learning society’.

— described the White Paper as ‘being of the greatest
importance as a starting point for discussion and
examination of problems relating to the current
situation in Europe and the outlook for the future’;

1.2.
According to the Commission, the discussions
— which involved the Community institutions, the
Member States, experts, trade unions and employers’
organizations, university and other educational insti-
tutions, and other NGOs — identified the following
general points:

— the need for an awareness among European citizens
that they must update their knowledge and their
occupational skills throughout life;

— the connection between individuals’ knowledge and
occupational skills and their access to employment
and, beyond this, their integration into social life
and the exercise of their rights as citizens;

— the link between the learning society and Europe’s
future competitiveness, and its future awareness of
itself and its values;

— the necessary groundwork for highlighting education
and training as ‘the key to a blueprint for society’:
this constitutes the White Paper’s greatest political
contribution to Europe’s present and future.

2. General comments

2.1.

In its opinion on the White Paper on education

— it also said that it ‘provides an accurate picture of
European social and economic developments, as well
as of what is needed to bring about a smooth
transition from the present situation to the learning
society of the future’;

— lastly, the Committee stressed that ‘the aim of
achieving a learning society cannot be reached by
the Member States pursuing separate paths or
strategies, or by summit-level discussion, investi-
gations or choices. The only way to bring this about
is a comprehensive and consciously systematic social
effort. This social effort must possess a common and
acceptable vehicle for coordination, common and
acceptable procedures for reconciling opposing
views and common, clear and acceptable subordinate
objectives. Only the EU and its bodies, particularly
the Commission, can coordinate this social effort to
bring about a learning society’.

2.2.

The ESC welcomes the fact that:

— the Commission has presented a communication
reviewing and providing information on the White
Paper and the measures ensuing from it, something
which it has not generally done and for which it
deserves particular credit;

— the results of the discussions confirm the general,
and many of the specific, points and positions
expressed in its opinion.

30.3.98

EN

Official Journal of the European Communities

C 95/63

2.3.

At the same time, the ESC:

— feels that not enough time has elapsed since the
communication on the White Paper was presented
for final conclusions to be drawn;

— but continues to insist on the need to open up the
dialogue to ever broader sections of society — at all
times under the Commission’s responsibility and
with practical measures being taken by groups who
have already been made aware of these issues.

2.4.
The Committee believes that the climate and
conditions in the Member States are now favourable in
this respect. Groups and individuals who took part in
the dialogue already look to the White Paper as a
reference, and view it as a source of ideas and arguments
to back up views and investigations relating to the future
of education and training, or for mapping out the path
to the information society. This state of affairs must
be turned to full and immediate advantage by the
Commission.

The Committee agrees with the Commission’s
2.5.
view, expressed in the document, that the main themes
and aims of the White Paper were confirmed during the
discussion. It agrees with the economic dimensions and
effects of the links between education, training and
employment, and with the need for equal status for
the purely educational, affective, moral, spiritual and
cultural dimension of education and training when
drawing up syllabi and programmes.

2.6.
The Committee would again stress the risks
inherent in the transition to a new world where there
will be unlimited access to knowledge, unimaginably fast
dissemination of information and completely different
conditions and means of communication.

2.6.1.
The emergence and growth of new and deeper
divisions, both within societies and internationally,
between information haves and have-nots is the most
likely outcome unless efforts are immediately stepped
up to involve, if possible, all Europeans in every aspect
of change.

2.6.3.
These preventive policies include developing
the concept of lifelong learning in practice and in its
widest possible sense, ensuring that all European citizens
have the opportunity to use and benefit from new
information and communication technologies, and, in
general, creating an environment in which the learning
society can be actively achieved, step by step, by the
citizens.

2.6.4.
For these major policies to be developed suc-
cessfully, the ESC feels that there must be cooperation
between the centre and the regions (EU, Member States
and local government), between individuals and society,
and between the public and private sectors.

2.6.5.
It also feels that the Commission and the other
EU institutions should become the driving force in
instituting and completing the processes that will lead
to the creation of a learning society in the European
Union.

2.7.
As regards securing the resources needed to
develop programmes leading to the learning society, the
ESC would emphasize the following:

2.7.1.
It believes that expressing the political will to
fund and develop programmes leading to a learning
society represents the most important policy option
currently facing the European Union, Member States
and regional authorities.

2.7.2.
For this policy option to become reality, it is
essential that all the organized social forces of the EU
be asked to play their own important role. The public
and private sectors, social partners (trade unions and
employers’ organizations), businesses and experts, edu-
cators and NGOs concerned with these issues each have
an opportunity to contribute their views and efforts to
the process of transition.

3. Specific comments

The ESC has the following comments on the experiments
provided for in the White Paper, with reference to
points made in the Commission communication under
consideration:

3.1. Objective I: accreditation of skills and the prin-

ciple of the ‘personal skills card’

3.1.1.
The first general objective of the white paper
is entitled ‘Encourage the acquisition of new knowledge’,
for which the following support actions are proposed:

2.6.2.
This is also the reason why the ESC places such
emphasis on the need for policies to be formulated
immediately to prevent the marginalization of large
sections of the population, in particular of high-risk
groups which for various reasons do not have access to
new technologies and thus to new knowledge.

— recognition of skills

— mobility;

— multimedia educational software.

C 95/64

EN

Official Journal of the European Communities

30.3.98

3.1.2.
In its opinion on the White Paper and with
reference inter alia to the first general objective, the ESC
makes the following points:

— it agrees with the Commission that the advent of the
learning society calls for measures to promote the
acquisition of new skills;

— it sees open horizons for the European dimension
in education and its role in complementing the
education systems of Member States, and regards as
serious and acceptable the Commission’s efforts to
urge Member States to provide resources for learning,
open up new methods of recognizing skills, support
mobility and introduce new communications tech-
nologies in education.

In its opinion, the ESC makes the following comments
on the actions proposed by the Commission at European
level:

— it agrees that a different (simple and modern)
approach to skills recognition is needed, among
other things, and supports the proposal to establish
a European skills recognition procedure. But it notes
that care should be taken to ensure that the basis
of certified knowledge and skills is genuine and
substantive, and points to the role that the social
partners can play in achieving this;

— it observes how students have benefited from the
mobility created under the Erasmus programme, and
suggests that existing funding be increased and used
more rationally with a view to boosting the number
of students taking part in such programmes. At the
same time, the ESC proposes that a special mobility
programme be developed for students and instructors
in vocational training and apprenticeships;

— as regards ‘multimedia educational software’, the
ESC highlights the need for the Community as a
whole to overcome existing obstacles and take
decisions on acquiring European educational multi-
media and training educators in the new tech-
nologies, so that they can use them and teach other
people how to use them.

3.1.3.
In the Commission communication on the
review of reactions to the White Paper, Objective I is
limited to the accreditation of skills and establishing the
principle of the ‘personal skills card’. But even within
this limited scope of the White Paper’s first general
objective, the debate has evinced reservations and

disagreement regarding the accreditation of skills outside
the education system, especially by means of the auto-
mated validation process using computerized multi-
media techniques. However, the ESC is interested to
note the Commission’s experiments with skills accredita-
tion for basic subjects such as mathematics, natural
sciences, languages, etc., for technical and professional
skills such as banking, law, IT, etc., and for ‘key skills’
or transferable skills.

3.1.4.
The ESC recalls that it agrees in principle with
the Commission’s views on skills recognition, but again
would draw the Commission’s attention to the way in
which this concept is promoted. In this respect,
it
considers as positive the Commission’s observation in
the communication that ‘the accreditation of skills is
not intended to take the place of the traditional formal
qualifications nor to devalue the recognition of qualifi-
cations issued by the school system, and certainly not to
install a new tier of European bureaucracy’. It proposes
that the dialogue should be pursued in order to dispel
any misunderstandings that have arisen, and to seek a
consensus and specifically a system of skills accreditation
that is acceptable to those concerned who require it. In
addition, it proposes that the dialogue should be opened
up to include broader sections of society so that the
whole process, by virtue of its actual substance and
transparency, gains acceptance in society. This accept-
ance is needed to allay any minor disagreements existing
between the various interest groups, but also to progress-
ively find solutions that are acceptable to all parties.

3.2. Objective II: bringing schools and the business
sector closer together and developing apprentice-
ships

3.2.1.
The second general objective of the white paper
is entitled ‘Bringing schools and the business sector
closer together’. This objective is a function of the now
pressing need to establish links between schools and
businesses based on their complementary roles with
respect to learning and employment.

The White Paper lists the following as conditions for
bringing schools and the business sector closer together:

— opening up education to the world of work;

— involving companies in training ventures, not only
for workers but also for young people and adults;

— developing cooperation between schools and firms.

The White Paper identifies the following bases for
reinforcing the links between schools and the business
sector:

— apprenticeships;

— vocational training.

30.3.98

EN

Official Journal of the European Communities

C 95/65

3.2.2.
In its opinion on the white paper the ESC
points to the importance of links between schools and
the world of work to achieving the learning society. It
stresses that these links must benefit both parties —
businesses and schools — and specifically calls on SMEs
to ‘see the importance of high-quality education for the
range, quality and competitiveness of their products’
and consequently ‘the need to invest in education in
general’, and especially in schools in their area.

mutual recognition of skills and help develop mobility
and improve the overall quality of apprenticeships,
provided that it complements, and does not conflict
with, the relevant national systems and also offers
programmes with the scope to really meet existing needs.
The ESC notes that to date very little has been done in
practice to develop apprenticeships at the European level,
and considers the budget appropriations earmarked for
this purpose to be very small.

The Commission communication mentions
3.2.3.
inter alia the following preliminary conclusions from
discussions of the White Paper:

— recognition of the need to bring schools and the
world of work closer together, but not in a way that
would result in ‘gearing education to the sole
requirements of the business sector as a matter of
course’;

— acceptance of the idea of establishing a European
framework for apprentices as a reference instrument
to smooth the way for mobility and emphasize the
need for high-quality apprenticeships;

— the need to further strengthen and define the con-
ditions for the success of the education partnership
based on apprenticeship arrangements.

The Commission has taken the following action to
achieve Objective II:

— developing transnational programmes, in particular
for young people (workers, trainees and students);

— supporting the development of apprenticeships and
sandwich training at the level of tertiary education;

— enabling 500 teachers to do in-company placements
specifically to strengthen links between general
education and the world of work.

3.2.4.
Among the specific positions stated in its
opinion on the white paper on enhancing vocational
training, and encouraging, modernizing and promoting
apprenticeships and sandwich training, the ESC con-
siders that a change in the way both the business sector
and schools see their relationship will be a key factor in
bringing the two closer together. It therefore also
supports all decisions and measures taken by the
Commission that aim to change prevailing attitudes and
reward action on both sides to promote links, on the
basis of constructive dialogue.

Finally, the ESC observes that the purpose of enhancing
vocational training and promoting apprenticeships and
sandwich training at the European level is to improve
Europe’s ability to respond to the challenge of continuous
growth and competitiveness, and to improve the ability
of Europeans to meet the demands of the nascent
learning society. The ESC underscores the importance
and significance of this goal for Europe’s future as a
whole, and asks the Commission to step up its efforts
to abandon any dogmatic positions with respect to the
goal itself or to how it should be achieved. To this
end,
its analysis that ‘there is no single model of
apprenticeship which should be considered as the only
channel
is certainly
constructive.

leading to vocational training’

3.3. Objective III: combating exclusion through edu-

cation and training

The third general objective of the white paper
3.3.1.
is entitled ‘Combat exclusion’. The Commission’s
rationale for identifying and pursuing this objective is
the fact that many sections of the population are
excluded from the labour market and consequently
marginalized. The Commission reports that many
important measures are being taken to combat these
problems, both by the Member States and by the EU,
and proposes the following supplementary measures:

— ‘second chance’ schools (1);

— European voluntary service.

3.3.2.
The ESC makes the following points on the
third general objective in its opinion on the White Paper:

— it agrees that a second chance of social integration
should be given to young people who have been, or
are likely to be, excluded from the education system,

the European dimension of
The ESC agrees that
vocational training and apprenticeships can facilitate

(1) The Committee wishes to point out that ‘second chance’
education and training is a more suitable expression.

C 95/66

EN

Official Journal of the European Communities

30.3.98

and it considers the Commission’s proposal to set
up ‘second chance’ schools to be a ‘desirable and
acceptable solution’;

— it points out that the education system must be
flexible so as to also provide a ‘second chance’
to adults with a low level of education, thereby
removing the risk of their being socially excluded on
these grounds alone;

— it considers ‘second chance’ schools to be only a
stopgap solution, and points to the importance of
strengthening ‘first chance’ schooling;

— it refers to its opinion with detailed positions on

‘European voluntary work for young people’.

3.3.3.
The Commission Communication states that
‘everything must be done to fight against exclusion’,
and again refers to the concept of the second-chance
schools as an experimental project. It also explains that
this project has not been set up because of any doubt
that ordinary schools can cater for all children, or indeed
because of the need to ‘improve the quality of initial
education and training systems in order to forestall
failure’. The aim of these schools is to socially and
economically reintegrate young people facing major
difficulties after school-leaving age, an undertaking that
demands partnership at local level between all those
concerned with young people’s problems and, of course,
publicand private-sector companies.

The Committee believes that the relevance of this
initiative will be illustrated through setting up and using
a wide network of contacts to make the most of the
experience gained in the Member States.

3.3.4.
The ESC has the following comments on the
third objective (combating exclusion through education
and training):

— Even though, thanks to the Commission’s efforts,
the programme has been accepted by those bodies
that are already involved in it, the ESC considers the
pace of development of
the programme to be
unsatisfactory.

— In any event, although it is not against the develop-
ment of second-chance schools, the ESC considers
that intervention on such a limited scale (in terms of
number of schools and cost) does not amount to
a campaign to combat social exclusion through
education and training. Combating exclusion
through education and training can only be effective
if education systems are modernized and generally
upgraded, and by ensuring that they function pre-
emptively to prevent the marginalization of individ-
uals and social groups. The Commission must
continue to play its own important role in achieving
this.

— Finally, the ESC is surprised that the communication
does not report at all on European voluntary service
for young people.

3.4. Objective IV: proficiency in three Community
languages and awarding a European quality label

The fourth general objective of the White Paper
3.4.1.
is entitled ‘Proficiency in three Community languages’.

According to this objective, Europe’s citizens must be
proficient in several Community languages if they
are to benefit from the professional and personal
opportunities afforded by the large, border-free internal
market. To this end, the Commission proposes that
people should learn two Community languages in
addition to their mother tongue. It is desirable to begin
learning the first foreign language at pre-school level,
and then for it to be taught systematically in primary
education. Teaching of the second foreign language
should begin at secondary school, and on completing
his or her initial training, every European will have to
have completed the cycle of study in two Community
languages in addition to their mother tongue.

— It considers the Commission’s consideration of
‘second-chance schools’ — the people concerned
and how such schools fit into the educational system
— to be important. However, it sees problems with
the aspect of the programme referring to cooperation
between these schools and the social partners, and
therefore asks the Commission to ensure that the
whole system involves the social partners and that
they share responsibility for it on a transparent basis
and through recognized and accepted procedures.

The following support measures at European level are
proposed to achieve this objective:

— defining a ‘European quality label’;

— support for exchanges of language training materials

geared to different categories of learners

30.3.98

EN

Official Journal of the European Communities

C 95/67

— encouraging early teaching of Community languages,
notably through the exchange of teaching materials
and experience.

3.4.2.
In its opinion on the white paper, the ESC
mentions the need to address Europe’s communi-
cation/language problem, but also points to the inesti-
mable value, cultural and otherwise, of linguistic diver-
sity in Europe.

In this context, the ESC agrees with — but considers
ambitious — the objective of enabling every European
to communicate in two Community languages other
than his or her mother tongue, while at the same time
combining protection of European linguistic diversity
with promotion of the idea that certain subjects at
secondary school should be taught in the first foreign
language learned.

3.4.3.
The Commission communication stresses the
importance of every European citizen being able to
communicate in two Community languages other than
their mother tongue, as a way of promoting European
citizenship and access to jobs. But it also mentions
misgivings expressed during the debate that the whole
undertaking might compromise the need for people to
have a thorough grounding in their mother tongue.
There were also misgivings that the European quality
label might ultimately perpetuate rather than attenuate
existing disparities.

The above reservations led the Commission to propose
that the label be awarded only to innovative language-
learning initiatives, a proposal that was approved by the
Council at its meeting of 6 March 1996.

In addition to the above-mentioned issues, the debate
identified a series of problems relating to teachers,
learners (young and old) and the tools for teaching
foreign languages — especially new information tech-
nologies. The Commission is addressing — or is going
to address — these issues on account of their importance
and far-reaching implications.

3.4.4.
The ESC has the following comments on the
outcome of discussions and the Commission’s action on
the fourth objective, in addition to those made in its
opinion on the White Paper:

— Firstly, it considers that the major linguistic problem
facing all European citizens is learning to express
themselves correctly (orally and in writing) in their
mother tongue. Knowledge of their mother tongue,
among other things, enables people to express and
communicate cultural values, i.e. the product of
highly complex human activities, intellectual and
otherwise. A good knowledge of one’s mother tongue

is thus a prerequisite for effective communication
with other people, but it is also essential to under-
standing the codes underlying any system. Given the
challenges presented by the advent of the learning
society, the Commission thus has the task of examin-
ing and identifying the difficulties faced by a large
number of Europeans when it comes to learning
their mother tongue. The Commission must also
investigate the reasons for this problem, and the
ways in which it can be addressed. It goes without
saying that having a good knowledge of one’s mother
tongue makes it easier to learn to communicate in
other languages.

— As the ESC has noted, the White Paper’s objective
of enabling every European to communicate in two
European languages in addition to their mother
tongue is significant but also very ambitious. The
ESC’s observation does not mean that it rejects this
objective, but simply that a lot of work and a major
effort — which must always be coordinated — will
be needed to achieve it.

— One thing that has to be done is to understand the
problem, which means pinpointing and identifying
its various aspects. Defining terms, e.g. language
knowledge, or statistics, such as the number of
Europeans who know a second or third Community
the
language, are aspects of
Commission must explore and report on.

the problem that

— Another task is that of incorporating the teaching of
foreign languages into national education systems,
which can be further promoted through bilateral
exchange agreements between Member States in
which different languages are spoken. These types
of agreements protect the linguistic and cultural
diversity of Europe, while creating the conditions
for better access to employment and promoting a
European identity.

3.5. Objective V: putting tangible investment and

training investment on an equal footing

The rationale for the fifth general objective of
3.5.1.
the White Paper, entitled ‘treat capital investment and
investment in training on an equal basis’, is the need for
education and training to be treated as an investment
and not as operating expenditure. This would mean that
education and training would not depend so heavily on
the evolutions and fluctuations of the economic cycle.

C 95/68

EN

Official Journal of the European Communities

30.3.98

With this aim in mind, and recognizing that investment
in skills is crucial to competitiveness and employability
the Commission proposes:

The Commission notes with regard to implementing
this objective that:

— consolidating the levels of funding granted from all
sources in connection with education and training
— which implies measuring them — developing
direct and indirect incentives to promote investment
in human resources and improving accounting and
expenditure monitoring arrangements;

— an important step has been made with the agreement
between Member States to take part in a first
publication offering a comparative approach to
funding the different levels of education;

— an inventory should be drawn up of the fiscal and
accounting practices and arrangements used by
Member States to encourage investment in training;

— adapting accounting and fiscal approaches to train-

ing expenditure.

— a cost-effectiveness assessment should be carried out

of incentives to promote training.

3.5.2.
makes the following points,
objective:

In its opinion on the White Paper, the ESC
inter alia, on the fifth

— it considers motivating and supporting people (young
and old, whether employed or not) to constantly
invest in knowledge and skills to be an essential
responsibility of the Member States, and also of the
EU;

— it also believes that businesses have a large responsi-
bility, for the sake of their own future and the
competitiveness of their products, to review the
question of investment in research, knowledge and
skills;

— it agrees with the Commission’s proposal to consoli-
date funding levels in connection with education and
training, while considering the role of the EU, and
in particular that of the Commission, to be crucial
to realizing the fifth general objective.

3.5.4.
In its opinion on the white paper the ESC
described the fifth objective (‘Putting tangible investment
and training investment on an equal footing’) as the
most distant and least accessible objective, since it
associates this objective with attitudes and mentalities
that have prevailed over centuries and which do not
favour a policy of generous investment in education and
training.

Having stated its position, the ESC is satisfied with the
results of discussions on the above objective. It is a good
sign for the future of education and training that this
goal has been accepted and that positive views have
been expressed on:

— cost-sharing between the various players

— the development of a new relationship between

capital and labour

— the need for changes in method, attitudes, and
mentality, in order to achieve a balanced approach
to intangible investment.

3.5.3.
The Commission Communication ‘Review of
reactions to the White Paper’ sets out the following
initial conclusions arising from discussions on the fifth
objective:

The ESC also believes that the Commission has followed
the right course in highlighting the need to achieve this
goal.

— the objective is endorsed, but there are calls for new
policies of investment in knowledge and skills;

— expenditure should be redistributed between the
different players and a new relationship should be
developed between tangible investment and training
investment;

— there must be a change in approach, behaviour and
even mentality, particularly for companies and those
who determine public and private investment, in
order to redress the balance towards intangible
investment, a factor which plays an increasingly
central role in modern economies.

The fact that the Member States have accepted its
proposal to carry out a comparative study on funding
for various levels of education is undoubtedly a signifi-
cant step forward and will give new impetus to education.
The same applies to the work of compiling a digest of
fiscal and accounting practices and provisions used by
the Member States to encourage investment in training,
and to the cost-effectiveness assessment of incentives to
promote investment in training.

The ESC feels that the above developments could
provide the basis for a different policy of investment in
education and training: a policy that will not make
spending on education and training dependent on the

30.3.98

EN

Official Journal of the European Communities

C 95/69

economic cycle; a policy that will put investment in
education and training on an equal footing with other
productive investment; a policy, finally, that will make

Europe and its citizens more competitive and at the
same time more aware of their history, values and
prospects for the future.

Brussels, 28 January 1998.

The President

of the Economic and Social Committee

Tom JENKINS

Opinion of the Economic and Social Committee on the ‘Proposal for a European Parliament
and Council Directive amending Council Directive 85/374/EEC of 25 July 1985 on the
approximation of the laws, regulations and administrative provisions of the Member States
concerning liability for defective products’ (1)

(98/C 95/17)

On 30 October 1997, the Council decided to consult the Economic and Social Committee,
under Article 100a of the Treaty establishing the European Community, on the above-mentioned
proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which
was responsible for preparing the Committee’s work on the subject, adopted its opinion on
6 January 1998. The rapporteur was Mr Herna´ndez Bataller.

At its 351st plenary session (meeting of 29 January 1998) the Economic and Social Committee
adopted the following opinion by 99 votes to 14 with 7 abstentions.

1.

Introduction

1.1.
Council Directive 85/374/EEC of 25 July 1985,
on the approximation of the laws, regulations and
administrative provisions of the Member States concern-
ing liability for defective products (2), excluded primary
agricultural products and game from the scope of
its definition of ‘product’. For this purpose, primary
agricultural products were defined as products of the soil,
of stock-farming and of fisheries, excluding products
which had undergone initial processing.

1.2.
The initial proposal for the directive drafted by
the Commission did not include the exclusion: this was
inserted during the negotiation process, at the request
of the European Parliament.

1.3.

Directive 85/374/EEC introduces a framework

(1) OJ C 337, 7.11.1997, p. 54.
(2) OJ L 210, 7.8.1985.

for producer liability for defective products along the
following basic lines:

— liability without fault is established. Consequently,
the injured person is required to prove the damage,
the defect and the causal relationship between defect
and damage, without having to prove fault;

— a product is deemed defective when it does not
provide the safety which a person is entitled to expect,
taking all circumstances into account, including: the
presentation of the product, the use to which it could
reasonably be expected that the product would be
put and the time when the product was put into
circulation; a product is not considered defective for
the sole reason that a better product is subsequently
put into circulation;

— ‘damage’ is taken to mean damage caused by death
or by personal injuries, and damage to, or destruction
of, any item of property other than the defective
product itself, with a lower threshold of ECU 500;