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 above two plans by the European Commission. Currently, the European Commission is drafting a new five-year plan for the development of the Consumer Protection Policy for 2008-2013, which will be submitted to the European Council and Parliament for review and approval in January next year. However, since the main responsibility of the European Commission is to draft relevant policies and regulations, much of the work can only be promoted in coordination, consultation and compromise with the member states. Therefore, the actual effectiveness 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 and safety are imported from non-EU countries. According to the statistics of the European Commission, only 15 countries in the original EU have an average annual safety accident of more than 20 million due to product quality problems and improper use, resulting in direct and indirect economic losses of up to 23 billion euros. This has largely eroded consumer confidence and has clearly affected the good operation of the EU's unified large market and the steady development of the EU. Therefore, since the EU's expansion, the European Commission's focus on product safety has focused on the following aspects:
1. Efforts will be made to promote the correct implementation of the Basic Product Safety Directive (GPSD) by member states, and to strengthen the law enforcement supervision of risk products; 2. Continuously strengthen the close cooperation between the product quality and safety management departments of various member states, especially to strengthen risk products. Timely exchange of information; 3. Establish a system for identifying and evaluating risk products to guide the European Commission and national authorities to adopt scientific and correct product safety management measures; 4. Actively promote the formulation and adoption of new product safety standards; Actively strengthen cooperation with China and other major exporting countries to Europe.
Second, product quality and safety policies and regulations and management framework
(1) Policy and regulatory framework
The EU Treaty, which was signed by all member states when the EU was founded, can be said to be the fundamental law of the EU that had substantive significance before the introduction of the Constitution. Therefore, like other EU policies in the economic, political and social fields, the most basic legal basis for EU product quality and safety policies and regulations is also the EU Treaty. Articles 37, 94, 95, 152, 153, etc. of the Treaty all deal with consumer protection and product safety regulations. Based on the Treaty, the European Union revised and implemented the new Basic Product Safety Directive (2001/95/EC GPSD) in 2001. GPSD puts forward the basic requirements for product quality and safety, and applies to all consumer products except food, especially the basic requirements for product safety requirements without special regulations. Therefore, GPSD is in the foundation and level of the EU product safety regulations system. Based on GPSD, EU product safety policies and regulations formally cover the various levels of regulations, directives, decisions and recommendations in the EU regulatory system, covering a wide range of consumer products such as toys and cosmetics, as well as electromechanical equipment. Industrial products such as pressure vessels and radio equipment are involved in all aspects of product safety responsibility and consumer protection. These regulations are organized and implemented by different departments such as the Consumer Protection Directorate, the Enterprise Directorate, and the Internal Market Directorate, in accordance with the different parts of the work of the European Commission.
(1) Basic Product Safety Directive (GPSD)
GPSD has seven chapters, twenty-four articles and four attachments, which define basic concepts such as product safety, stipulate basic requirements for product safety, conformity assessment procedures and standards, and clarify product manufacturers, operating (circulation) companies, and Member States’ legal responsibility for product safety. At the same time, it also stipulates the exchange of information on risk products and emergency measures for risk products. It is decided that the competent authorities of the member states will form the EU Food Safety Committee and stipulate the duties and procedures of the committee. The purpose of GPSD legislation is to ensure the quality and safety of products in the EU market, thereby protecting the health and safety of consumers 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 for product safety. These special regulations have been supplemented and improved from the aspects of product risk control and product safety responsibility.
(2) Defective Product Liability Directive (85/374/EEC)
In 1985, the European Economic Community issued Directive No. 374 (85/374/EEC) on the legal liability for defective products. According to the provisions of the Directive, the manufacturer of the product must compensate for any damage or property damage caused by the defective product, whether or not it is due to negligence. It should be emphasized that this directive is mainly applicable to processed products. In 1999, the new Directive No. 34 (99/34/EC) of the European Community further extended the scope of liability for defective products to the field of primary agricultural products.
(3) Consumer Product Safety Directive
Since the 1970s, the EU has begun to develop and implement a series of departmental directives specifically for individual consumer products. These directives form the main body of the EU product safety regulations system. Their fundamental legal basis is the elimination of Article 95 of the EU Treaty. The EU's internal market trade barriers, the relevant provisions to promote the free flow of goods, the main purpose is to coordinate the technical regulations of member states, so that countries to harmonize the different safety regulations and requirements of similar products, thereby promoting the good operation of the unified market within the EU. .
(4) Policies and regulations on chemical safety
The EU believes that chemical products are widely used in consumers' work and life, but they may also cause serious harm. Therefore, special attention has been paid to the safety management of chemical products. Since the 1960s, the formulation of chemical policies and regulations has been strengthened. So far, the EU has four regulations on chemical products: (1) The “Dangerous Goods Directive” (67/548/EEC) issued by the Council of the European Economic Community in 1967, which defines the definition and division of hazardous chemicals. Management requirements for packaging, packaging and labeling. (2) The Directive on the Sale, Sale and Use of Dangerous Goods and Dangerous Preparations, introduced in 1976 (76/769/EEC). (3) The “Existing Dangerous Goods Regulations” (793/93/EEC) issued by the Board of Directors in 1993 mainly stipulates the hazards and assessment and control of chemicals. (4) The “Dangerous Preparations Directive” formulated by the European Parliament and the Council in 1999 mainly requires the member states to formulate laws, regulations and management regulations for the management of their own chemicals. At present, the European Commission has drafted a new draft of the chemical regulations ("REACH" draft), which is being submitted to the Council and the Parliament for consideration.
(2) The EU product safety management organization.
The European Commission and member states have important responsibilities for the management of product quality and safety. Within the European Commission, the product quality and safety management functions belong to a number of different directors, and there are also functional crossovers in many aspects.
1. Division of responsibilities between the European Commission and member states
At present, the responsibilities and daily work of the European Commission in product quality and safety management are mainly concentrated on the following aspects: First, legislation, that is, drafting and reporting to the European Parliament and the Council to implement new regulations on product safety. The main objective is to coordinate the interests of all member states so that the technical regulations on product safety are as uniform as possible. Second, the administration of justice, that is, urges member states to effectively implement product safety regulations such as GPSD and departmental directives, organize law enforcement activities, and be responsible for Relevant legal interpretation; the third is coordination, which organizes the exchange of product safety risk information within the EU, coordinates the control and investigation of risk products by countries; the fourth is to promote the EU countries, especially 10 new members, by means of capital investment and personnel training. The country strengthens the construction of product safety management institutions and supports the development of consumer protection organizations in the EU and member states.
2. Division of responsibilities within the European Commission
At present, within the European Commission, the departments with product safety management functions include the Consumer Protection Directorate, the Corporate Directorate, the Agriculture Directorate, the Internal Market Directorate, and the Environmental Protection Directorate. The Consumer Protection Directorate is responsible for organizing the implementation of GPSD and implementing consumer product legislation and management activities related to consumer protection within the framework of GPSD. The Corporate Directorate is responsible for the legislative work of the chemicals and most consumer products sector directives, and is specifically responsible for the safety of cosmetics, toys, pharmaceuticals, medical products and veterinary drugs. The Director General of the Market is responsible for organizing the legal responsibility of the producers of substandard products. The Environmental Protection Directorate is responsible for chemical safety. ■
(Author: AQSIQ Product Quality Supervision Department)

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