User Manual

SAFETY
Safety handbook page - 5-
PNSPO
2.5 Product liability
The General Product Safety Directive and the Product Liability Directive are
complementary regulations but their scope is not identical. For instance, the General
Product Safety Directive states that even if a product does not conform to the directive
and an action is taken against the manufacturer, the violation does not automatically
mean the product is defective under the Product Liability Directive. However, a
manufacturer could reasonable assume that a breach of the General Product Safety
Directive would convince a court to include that the manufacturer was liable under the
Product Liability Directive.
Another area uncertainty in the relationship between the Product Liability Directive and
the General Product Safety Directive is that the former applies to virtually all products
while the latter governs only new, used, or reconditioned products that are intended or
likely to be used by consumers. Despite this restrictive language, experts disagree
about whether the General Product Safety Directive applies only to consumer products
or whether it might also apply to machines subject to the Machinery Safety Directive.
This General Product Safety Directive makes clear that its provisions continue to apply
to products not covered by other applicable rules of EU law. Therefore, to be especially
careful, a manufacturer must be compare the individual provisions of all directives that
apply to its product. Certain General Safety Directive provisions may consequently
apply to machinery.
The General Product Safety Directive’s effect on consumer product manufacturers can
be significant. Non-complying products can be barred from some European markets or
pulled off the shelves. Of course, non-compliance can be also be used, despite the
language in the General Product Safety Directive, as a basic for imposing strict liability
under the Product Liability Directive, at the discretion of a nation’s courts.