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  Directive 1999/34/EC  
  (amending) Liability for Defective Products  

Official Journal L 141 , 04/06/1999 p. 0020 -

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Directive amended:
Directive 85/374/EEC: liability for defective products

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.

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,

Article 1

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Please click the following links to learn more about every CE-Marking-related European Union Directive, Guidelines to Directives, Frameworks of implementation of Directives, and Agreements on Mutual Recognition of conformity assessment between European Union and other countries such as USA, Japan, Canada, Australia, New Zealand and Israel:-

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  1. What is CE marking (CE mark)?
  2. The CE marking logo (Free download CE mark logo)
  3. Download of the EC Rep symbol/logo
  4. CE Marking (CE mark) EU/EC Declaration of Conformity: definition and required content
  5. What is a manufacturer? What are the responsibilities of a manufacturer?
  6. Is the Own Brand Labeller or Private Labeller considered as the legal Manufacturer?
  7. Why is CE marking called "European passport"?
  8. Does my product need CE Marking in order to be sold/exported on/to the European Market?
  9. How to obtain CE Marking for my product?
  10. How can Wellkang Tech Consulting help me to obtain CE Marking for my product?
  11. Wellkang can be your Authorized Representative in Europe for CE Marking purpose !
  12. Complete list of all CE Marking Directives and Guidelines to Directives
  13. Complete list of all (more than 1000) Notified Bodies for CE marking
  14. Complete list of all European and/or international standards related to CE marking
  15. 85/374/eec: Directive of Liability for Defective Products (for all products)
  16. 1999/34/ec: Directive of Liability for Defective Products (amending) (for all products)
  17. 2000: (Proposal for a new) General Products Safety Directive (for all products)
  18. 92/59/eec: Directive of General Products Safety (for all products)
  19. 93/68/eec: "CE Marking" Directive (for all products)
  20. 93/465/eec: Conformity Assessment Procedures & CE Marking Rules, & Annex (for all products)
  21. Guide to Implementation of directives based on new approach & global approach (for all products)
  22. 73/23/eec: Directive of Low Voltage Electrical Equipment
  23. Guideline to Low Voltage Directive (LVD) 73/23/eec & Annex I, II
  24. 2000&2001 Framework of implementation of (LVD) Directive 73/23/eec
  25. 87/404/eec: Directive of Simple Pressure Vessels
  26. 88/378/eec: Directive of Toys & Annex I, II, ... IV
  27. 89/106/eec: Directive of Construction Products
  28. 89/336/eec: Directive of Electromagnetic Compatibility (EMC)
  29. Guideline to Directive of Electromagnetic Compatibility (EMC) 89/336/eec
  30. Communication 2000 in framework of implementation of EMC Directive 89/336/EEC
  31. 89/686/eec: Directive of Personal Protective Equipment (PPE)
  32. 90/384/eec: Directive of Non-automatic Weighing Instruments
  33. 90/396/eec: Directive of Appliances Burning Gaseous Fuels (AppliGas)
  34. 2001 Commission Communication in Framework of Impl (AppliGas) Directive 90/396/eec
  35. 92/42/eec: Directive of Efficiency of (Liquid or Gaseous fueled) Hot Water Boilers
  36. 93/15/eec: Directive of Explosives for Civil Uses
  37. 93/42/eec: Directive of Medical Devices
  38. 2001 Guidelines for Classification of Medical Devices
  39. Guidelines relating to the demarcation between Directives 90/385/eec, 93/42/eec and 65/65/eec.
  40. 90/385/eec: Directive of Active Implantable Medical Devices
  41. 98/79/ec: Directive of In Vitro Diagnostic Medical Devices
  42. Guidelines to Medical Devices Vigilance System
  43. List of Harmonised (European) Standards for Medical Devices
  44. List of Notified Bodies for Medical Devices Directive
  45. 93/65/eec: Directive of Air Traffic Management Equipment & Systems
  46. 94/9/ec: Directive of Equipment used in Potentially Explosive Atmospheres (Atex)
  47. Guidelines to directive 94/9/ec (Atex)
  48. 94/25/ec: Directive of Recreational Craft
  49. 95/16/ec: Directive of Lifts
  50. 96/48/ec: Directive of Trans-European High-speed Rail System
  51. 96/57/ec: Directive of Energy Efficiency: Household Refrigerators & Freezers
  52. 96/98/ec: Directive of Marine Equipment
  53. 98/37/ec: Directive of Machinery
  54. 2000: Comments on Directive of Machinery 98/37/ec
  55. 99/5/ec: Directive of Radio Equipment & Telecommunications Terminal Equipment (R&TTE)
  56. 2000/9/ec: Directive of Cableway Installations to Carry Persons
  57. 2000/14/ec: Directive of Noise Emission in the environment by equipment for use outdoors

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