1.
Member States may, by way of derogation from Article 11(1), point (e), maintain in their legal systems existing measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defectiveness could be discovered.
Any Member State wishing to maintain measures in accordance with this paragraph shall notify the text of the measures to the Commission no later than 9 December 2026. The Commission shall inform the other Member States thereof.
2.
Member States may, by way of derogation from Article 11(1), point (e), introduce or amend in their legal systems measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defectiveness could be discovered.
3.
The measures referred to in paragraph 2 shall be:
(a)
limited to specific categories of products;
(b)
justified by public interest objectives; and
(c)
proportionate in that they are suitable for securing the attainment of the objectives pursued and do not go beyond what is necessary to attain those objectives.
4.
Any Member State wishing to introduce or amend a measure referred to in paragraph 2 shall notify the text of the proposed measure to the Commission and shall provide a justification of how that measure complies with paragraph 3. The Commission shall inform the other Member States thereof.
5.
The Commission may, within six months of receiving a notification pursuant to paragraph 4, issue an opinion on the text of the proposed measure and the justification for that measure, taking into account any observations received from other Member States. The Member State wishing to introduce or amend that measure shall hold that measure in abeyance for six months following its notification to the Commission, unless the Commission issues its opinion earlier.
1.
Member States shall publish, in an easily accessible and electronic format, any final judgment delivered by their national courts of appeal or of the highest instance in proceedings launched pursuant to this Directive. The publication of such a judgment shall be carried out in accordance with national law.
2.
The Commission shall set up and maintain an easily accessible and publicly available database containing the judgments referred to in paragraph 1.
The Commission shall by 9 December 2030, and every five years thereafter, evaluate the application of this Directive and submit a report to the European Parliament, to the Council and to the European Economic and Social Committee. Those reports shall include information about the cost and benefits of the transposition of this Directive, a comparison with OECD countries and the availability of product liability insurance.
Directive 85/374/EEC is repealed with effect from 9 December 2026. However, it shall continue to apply with regard to products placed on the market or put into service before that date.
References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in the Annex.
1.
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 9 December 2026. They shall immediately inform the Commission thereof.
When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a 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 communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.
