Public consultation on EU proposal for a directive on liability for defective products

The Department of Enterprise, Trade and Employment is seeking the views of stakeholders and interested parties on a proposal for a directive on liability for defective products.

On 28 September 2022, the European Commission published a Proposal for a Directive on Liability for Defective Products (PLD). This is a revision of the original PLD (85/374/EEC) which was transposed into Irish law by the Liability for Defective Products Act 1991.

The general objective of this directive is to continue to ensure the functioning of the internal market, free movement of goods and undistorted competition between market operators and to continue to ensure a high level of protection of consumers’ health and property, with 5 specific objectives:

• ensure liability rules reflect nature and risks of products in the digital age
• ensure liability rules reflect nature of products in the circular economy
• ensure there is always an EU-based liable person for defective products bought from producers outside the EU
• ease the burden of proof in the case of complex products and clarify liability for undisclosed defects, while ensuring fair balance between producers and consumers
• ease restrictions on making claims, while ensuring fair balance between producers and consumers

The directive aims to achieve these objectives by providing legal certainty on what products and businesses are covered by no-fault liability. It will also encourage all businesses, including non-EU manufacturers, to place only safe products on the EU market in order to avoid incurring liability.

The proposal will also ensure that people enjoy the same protection regardless of whether the product is tangible or digital. The burden of proof will be more fairly shared between injured persons and manufacturers in complex cases, increasing the chances of enforcing a successful compensation claim.

Respondents are requested to make their submissions by email to conspol@enterprise.gov.ie

The closing date for receipt of submissions is 5pm on Thursday, 27 April 2023.

Update May 2024: Submissions to the public consultation are available to download below.