Overview of EU Product Quality and Safety Policy

From the end of this year to the middle of 2006, the European Council and Parliament will conduct a mid-term inspection and review of the implementation of the two plans. At present, the European Commission is drafting a new five-year plan for the formulation of consumer protection policies for 2008-2013, which will be submitted to the European Council and Parliament for consideration and adoption in January next year. However, because the main responsibility of the European Commission is to draft relevant policies and regulations, a lot of work can only be carried out in coordination, consultation and compromise with member countries, so the actual effect of the above policies and plans is often limited. Therefore, the European Commission itself believes that the current situation of EU product safety is not very optimistic, and they insist that many products with quality safety are imported from non-EU countries. According to the survey and statistics of the European Commission, there are more than 20 million safety accidents caused by product quality problems and improper use in the former 15 EU countries on average every year, resulting in direct and indirect economic losses of up to 23 billion euros. To a large extent, this has undermined consumer confidence, and has obviously affected the good operation of the EU unified market and the steady development of the EU. Therefore, since the expansion of the European Union, the key work of the European Commission on product safety has mainly focused on the following aspects:

1. Efforts should be made to promote the correct implementation of the Basic Directive on Product Safety (GPSD) by member countries and to effectively strengthen law enforcement and supervision over risky products; 2. Close cooperation between product quality and safety management departments of member countries should be continuously strengthened, especially the timely exchange of information on risky products; 3. Establishment of identification and evaluation systems for risky products to guide the European Commission and competent authorities of various countries. Take scientific and correct measures for product safety management; 4. Actively promote the formulation and adoption of new product safety standards; 5. Actively strengthen cooperation with China and other major exporting countries to Europe.

II. Policies, Regulations and Management Framework for Product Quality and Safety

(1) Policy and regulatory framework

The Treaty signed by the member states at the time of the establishment of the EU can be said to be the fundamental law of the EU with substantial significance before the promulgation of the Constitution. Therefore, like other EU policies and regulations in the economic, political and social fields, the most basic legal basis of EU product quality and safety policies and regulations is also the EU Treaty. Articles 37, 94, 95, 152 and 153 of the Treaty deal with consumer protection and product safety. Based on the Treaty, the EU revised and implemented the new Basic Directive on Product Safety (2001/95/EC GPSD) in 2001. GPSD puts forward the basic regulations of product quality and safety, which are applicable to all consumer products except food, especially for products without special regulations. Therefore, GPSD is in the foundation and level position of EU product safety regulation system. Based on GPSD, EU product safety policies and regulations cover regulations, directives, decisions and suggestions in the EU regulatory system in form, consumer products such as toys, cosmetics and industrial products such as electromechanical equipment, pressure vessels and radio equipment in product scope, product safety responsibilities, consumer protection and other aspects in content. Noodles. According to the different division of labor within the EC, these Regulations are organized and implemented by different departments, such as the General Department of Consumer Insurance, the General Department of Enterprises and the General Department of Internal Market.

(1) Basic Instructions for Product Safety (GPSD)

GPSD has seven chapters, 24 articles and four accessories. It defines the basic concepts of product safety, stipulates the basic requirements of product safety, the adoption of conformity assessment procedures and standards, and clarifies the legal responsibilities of product manufacturers, operators (circulators) and Member States on product safety. At the same time, it also stipulates the exchange of information on risky products and the urgent measures taken for risky products, decides to form the European Food Safety Commission by the competent bodies of member states, and stipulates the working responsibilities and procedures of the Commission. The purpose of GPSD legislation is to ensure the quality and safety of products in the EU market, thus protecting consumers'health and safety, and promoting the normal operation of the unified market within the EU. It applies to all consumer products or products that may be used by consumers. GPSD is the basis of a series of special regulations on product safety, which are supplemented and perfected from the aspects of product risk control and product safety responsibility.

(2) Defect Product Liability Directive (85/374/EEC)

In 1985, the European Economic Community issued Directive 374 (85/374/EEC) on the legal liability of defective products. According to the directive, the manufacturer of the defective product must compensate for human injury or property damage, whether due to negligence or not. It should be emphasized that this directive is mainly applicable to processed products. The new EC Directive No. 34 (99/34/EC) in 1999 further extended the scope of liability for defective products to primary agricultural products.

(3) Consumer Product Safety Directive

Since the 1970s, the EU has formulated and implemented a series of sectoral directives specifically for individual consumer products. These directives constitute the main body of the EU product safety regulatory system. Their basic legal basis is the relevant provisions of Article 95 of the EU Treaty on the elimination of trade barriers in the EU internal market and the promotion of free movement of goods. The main purpose of these directives is to coordinate each component. The technical regulations of the member states make the different safety regulations and requirements of the same kind of products of different countries converge, thus promoting the good operation of the unified market within the EU.