Directive 1999/34/EC of the European Parliament and of the Council of 10 May 1999 amending Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
Date: 1999-05-10
Institutions: Council of the European Union, European Parliament
Subjects: defective product, electrical energy, indemnification, personal property, producer's liability

L 141/20

EN

Official Journal of the European Communities

4. 6. 1999

DIRECTIVE 1999/34/EC OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL

of 10 May 1999

amending Council Directive 85/374/EEC on the approximation of the laws, regu-
lations and administrative provisions of the Member States concerning liability
for defective products

THE EUROPEAN PARLIAMENT AND THE COUNCIL
OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting in accordance with the procedure laid down in
Article 251 of the Treaty (3),

(1) Whereas product

safety and compensation for
damage caused by defective products are social
imperatives which must be met within the internal
market; whereas the Community has responded to
those requirements by means of Directive 85/
374/EEC (4) and Council Directive 92/59/EEC of
29 June 1992 on general product safety (5);

(2) Whereas Directive 85/374/EEC established a fair
apportionment of the risks inherent in a modern
society in which there is a high degree of techni-
cality; whereas that Directive therefore struck a
reasonable balance between the interests involved,
in particular the protection of consumer health,
encouraging innovation and scientific and techno-
logical development,
guaranteeing undistorted
competition and facilitating trade under a harmo-
nised system of
that
Directive has thus helped to raise awareness among
the issue of product safety and the
traders of
importance accorded to it;

liability; whereas

civil

(3) Whereas the degree of harmonisation of Member
States’ laws achieved by Directive 85/374/EEC is
not complete in view of the derogations provided
in particular with regard to its scope, from
for,
which unprocessed
are
excluded;

agricultural products

(1) OJ C 337, 7.11.1997, p. 54.
(2) OJ C 95, 30.3.1998, p. 69.
(3) Opinion of

the European Parliament of 5 November 1998
(OJ C 359, 23.11.1998, p. 25), Council Common Position of
17 December 1998 (OJ C 49, 22.2.1999, p. 1) and Decision of
the European Parliament of 23 March 1999 (not yet published
in the Official Journal). Council Decision of 29 April 1999.
(4) OJ L 210, 7.8.1985, p. 29. Directive as amended by the 1994

Act of Accession.

(5) OJ L 228, 11.8.1992, p. 24.

its aspects

(4) Whereas the Commission monitors the imple-
mentation and effects of Directive 85/374/EEC and
relating to consumer
in particular
the internal
protection and the functioning of
market, which have already been the subject of a
first report; whereas, in this context, the Commis-
sion is required by Article 21 of that Directive to
submit a second report on its application;

(5) Whereas including primary agricultural products
within the scope of Directive 85/374/EEC would
help restore consumer confidence in the safety of
agricultural products; whereas
such a measure
would meet the requirements of a high level of
consumer protection;

(6) Whereas circumstances call

for Directive 85/
374/EEC to be amended in order to facilitate, for
the benefit of consumers, legitimate compensation
for damage to health caused by defective agricul-
tural products;

(7) Whereas this Directive has an impact on the func-
tioning of the internal market in so far as trade in
agricultural products will no longer be affected by
differences between rules on producer liability;

(8) Whereas the principle of liability without fault laid
down in Directive 85/374/EEC must be extended
to all types of product, including agricultural prod-
ucts as defined by the second sentence of Article
32 of the Treaty and those listed in Annex II to the
said Treaty;

(9) Whereas,

in accordance with the principle of
proportionality, it is necessary and appropriate in
order to achieve the fundamental objectives of
increased protection for all consumers and the
proper
to
include agricultural products within the scope of
Directive 85/374/EEC; whereas this Directive is
limited to what is necessary to achieve the objec-
tives pursued in accordance with the third para-
graph of Article 5 of the Treaty,

the internal market

functioning of

4. 6. 1999

EN

Official Journal of the European Communities

L 141/21

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Directive 85/374/EEC is hereby amended as follows:

1. Article 2 shall be replaced by the following:

‘Article 2
For the purpose of this Directive, “product” means all
movables even if incorporated into another movable or
into an immovable. “Product” includes electricity'.

2. In Article 15, paragraph 1(a) shall be deleted.

publication. The methods of making such reference shall
be laid down by the Member States.

2. Member States shall comunicate to the Commission
the text of the provisions of national law which they
subsequently adopt
in the field governed by this
Directive.

Article 3

This Directive shall enter into force on the day of its
publication in the Official Journal of the European
Communities.

Article 2

Article 4

1. Member States shall adopt and publish the laws,
regulations and administrative provisions necessary to
comply with this Directive. They shall forthwith inform
the Commission thereof.

They shall apply these measures as from 4 December
2000.

When the Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompa-
nied by such reference on the occasion of their official

This Directive is addressed to the Member States.

Done at Brussels, 10 May 1999.

For the European Parlia-
ment

The President

For the Council

The President

J. M. GIL-ROBLES

H. EICHEL