Edited by Fabrizio Cafaggi and Horatia Muir Watt
Chapter 7: Product Safety, Private Standard-Setting and Information Networks
7. Product safety, private standardsetting and information networks Fabrizio Cafaggi NEW REGULATORY STRATEGIES IN PRODUCT SAFETY: CONTROLLING PRIVATE STANDARD-SETTING AND PROMOTING SAFETY IN INTER-FIRM NETWORKS1 Legal reforms concerning European product safety are under careful scrutiny.2 The European system, encompassing a liability (Directive 374/85/EC,3 hereinafter ‘PL directive’) and a regulatory system (Directive 95/2001/EC,4 hereinafter ‘GPSD’), has made important progress towards increasing safety levels and ensuring relative uniformity. The product safety regime has recently undergone a review5 (the first report on the GPSD was published in January 1 This chapter is part of a larger project focusing on a comparative analysis concerning product safety between the EU and US. It was first presented at the Comparative Law and Economics (CLEF) workshop, Florence, February 2008. I thank the participants for comments. Responsibility is my own. 2 See the package of measures adopted in August 2008, that includes also the Regulation (EC) n° 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the market of products, OJEU 13.08.2008, L218/03. 3 Council Directive 374/85/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29. 4 Directive 95/2001/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, OJ L 11, 15.1.2002, p. 4. 5 Regulation (EC) n° 765/2008 setting out the requirements for accreditation and market surveillance...
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