欧洲议会和理事会指令1999/34/EC,修订关于缺陷产品法律责任的成员国法律、法规和行政规定的协调和统一的理事会指令85/374/EEC
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:31999L0034
OJ编号:OJ L 141, 4.6.1999, p. 20-21
中文标题:欧洲议会和理事会指令1999/34/EC,修订关于缺陷产品法律责任的成员国法律、法规和行政规定的协调和统一的理事会指令85/374/EEC
原文标题: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
分类:15.20.40_保护经济利益
文件类型:二级立法 Directive|指令
生效日期:1999-06-04
废止日期:2058-12-31
法规全文:查看欧盟官方文件
31999L0034
Title and reference
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
OJ L 141, 4.6.1999, p. 20‘�1 (ES, DA, DE, EL, EN, FR, IT, NL, PT, FI, SV)
Special edition in Czech Chapter 15 Volume 04 P. 147 - 148
Special edition in Estonian Chapter 15 Volume 04 P. 147 - 148
Special edition in Hungarian Chapter 15 Volume 04 P. 147 - 148
Special edition in Lithuanian Chapter 15 Volume 04 P. 147 - 148
Special edition in Latvian Chapter 15 Volume 04 P. 147 - 148
Special edition in Maltese Chapter 15 Volume 04 P. 147 - 148
Special edition in Polish Chapter 15 Volume 04 P. 147 - 148
Special edition in Slovakian Chapter 15 Volume 04 P. 147 - 148
Special edition in Slovenian Chapter 15 Volume 04 P. 147 - 148
DA DE EL EN ES FI FR IT NL PT SV
Text
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Authentic language
- The official languages, Icelandic, Norwegian
Dates
- of document: 10/05/1999
of effect: 04/06/1999; Entry into force Date pub. See Art 3
end of validity: 99/99/9999
of transposition: 04/12/2000; Application See Art 2.1
Classifications
- EUROVOC descriptor:
approximation of laws
consumer protection
defective product
producer's liability
product safety - Directory code:
15.20.40.00 Environment, consumers and health protection / Consumers / Protection of economic interests
- Subject matter:
Internal market, Approximation of laws, Consumer protection
Miscellaneous information
- Author:
European Parliament, Council - Form:
Directive - Addressee:
The Member States - Additional information:
Date of transposition not specified in the Directive ; Directive amending
Extended to the EEA by 22000D0921(12)
Relationship between documents
- Treaty:
European Community - Legal basis:
11992E095
11992E251
- Select all documents based on this document
- Amendment to:
31985L0374 Amendment Amendment Article 15.1 from 04/06/1999
31985L0374 Amendment Replacement Article 2 from 04/06/1999
- Amended by:
Corrected by 31999L0034R(01)
- Consolidated versions
1999-06-04
- Display the national execution measures
MNE - Instruments cited:
31992L0059
- Select all documents mentioning this document
Consolidated versions
- consolidation form:
01985L0374
01999L0034
Text
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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
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 technicality; whereas that Directive therefore struck a reasonable balance between the interests involved, in particular the protection of consumer health, encouraging innovation and scientific and technological development, guaranteeing undistorted competition and facilitating trade under a harmonised system of civil liability; whereas that Directive has thus helped to raise awareness among traders of the issue of product safety and the importance accorded to it;
(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 for, in particular with regard to its scope, from which unprocessed agricultural products are excluded;
(4) Whereas the Commission monitors the implementation and effects of Directive 85/374/EEC and in particular its aspects relating to consumer protection and the functioning of the internal market, which have already been the subject of a first report; whereas, in this context, the Commission 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 agricultural products;
(7) Whereas this Directive has an impact on the functioning 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 products 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 functioning of the internal market to include agricultural products within the scope of Directive 85/374/EEC; whereas this Directive is limited to what is necessary to achieve the objectives pursued in accordance with the third paragraph of Article 5 of the Treaty,
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.
Article 2
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 accompanied by such reference on the occasion of their official 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 4
This Directive is addressed to the Member States.
Done at Brussels, 10 May 1999.
For the European Parliament
The President
J. M. GIL-ROBLES
For the Council
The President
H. EICHEL
(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.
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