Cafaggi, Fabrizio --- "Product Safety, Private Standard-Setting and Information Networks" [2009] ELECD 317; in Cafaggi, Fabrizio; Muir Watt, Horatia (eds), "The Regulatory Function of European Private Law" (Edward Elgar Publishing, 2009)

Book Title: The Regulatory Function of European Private Law

Editor(s): Cafaggi, Fabrizio; Muir Watt, Horatia

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201997

Section: Chapter 7

Section Title: Product Safety, Private Standard-Setting and Information Networks

Author(s): Cafaggi, Fabrizio

Number of pages: 36

Extract:

7. Product safety, private standard-
setting 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 here-
inafter `PL directive') and a regulatory system (Directive 95/2001/EC,4 here-
inafter `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 liabil-
ity 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 ...