Updating liability rules for defective products

Briefing 26-01-2023

Based on a 2018 (REFIT) evaluation, the IA defines the main problems, the objectives and the policy options to address them with a clear intervention logic. It is based on solid internal and external expertise and various consultations to compensate for a considerable (and acknowledged) lack of data. While it is transparent about methods, uncertainties and limitations, additional quantification and/or substantiation would have been useful in some areas, namely when it comes to potential impacts on SMEs. Overall, despite providing a limited range of options, the IA presents a satisfactory assessment of the options' expected economic, social and environmental impacts, by providing wide ranges of their potential magnitude rather than exact monetised impacts. It also explains the coherence of the preferred options with other existing and ongoing legislation in the area of liability and product safety.