The directives 85/374/EC on the product liability of defective products and 2006/42/EC relating to machinery continue to be fit for purpose for emerging digital technologies and innovative products, the European Commission concluded following an assessment, the results of which were published by the Commission on Monday 7 May.
The “machinery” directive sets out the general health and safety requirements for products such as robots and 3D printers. Manufacturers will decide upon the technical solutions to be deployed to meet the high safety level.
The directive therefore works as a general framework leaving a margin of manoeuvre for product innovation, the Commission concludes. It announces a study to further look into certain aspects of emerging technologies, such as issues arising from human-machine collaboration, which are not specifically addressed by the legislation.
The directive on product liability foresees that, if a product causes damage to a person or their private property, the producer is liable to pay compensation.
The evaluation shows that the directive continues to strike a good balance between consumer protection and encouraging innovation in the EU, the Commission says, promising to publish interpretative guidance mid-2019 to facilitate a common understanding between member states and to further clarify to what extent it applies to emerging technologies. (Original version in French by Emmanuel Hagry)