Product SafetyVan Bael & Bellis’ legal expertise in matters relating to the safety of products continues to grow considerably and gains in importance for businesses and consumers transacting in Europe. The rise in consumer concerns, consumer protection rules, food safety and the laws concerning environmental protection has meant that Van Bael & Bellis’ client base in these fields has expanded, along with its experience in dealing with complex legal questions related to various aspects in all these areas. The law concerning general product safety Among the relevant legislation, manufacturers now need, more than ever before, to pay attention to the general product safety laws, one of the main examples of which is Community Directive 2001/95/EC on General Product Safety. The Directive (placing more burdens on manufacturers than its predecessor, Directive 92/59/EC) obliges all the Member States to implement strict product safety provisions in order to ensure that only safe products are placed on the market. Stringent novel rules also apply when products pose serious risks, obliging the producer to withdraw such products, inform Member States’ authorities, and even put into place a product recall campaign if necessary. All these obligations require advance planning and warning mechanisms by manufacturers operating in Europe. Van Bael & Bellis, on several occasions, has assisted clients on matters such as product withdrawal; recall campaigns once products are already bought; and other aspects of the Directive as implemented in the Member States. The New and Global Approach Directives Other legislative areas of product safety include in particular the so-called New Approach and Global Approach Directives, such as the electrical/mechanical equipment Directives (concerning low voltage, electromagnetic compatibility and machinery), the Directive on construction products, on personal protective equipment and on toys. Van Bael & Bellis has expertise in all these areas, including the rules on CE marking, EU Declarations of Conformity and conformity assessment procedures, as implemented in the Member States. The firm’s lawyers, apart from being specialists, have also developed a permanent network of contacts at the EU institutions and Member States’ competent authorities, thus being able to provide clients with the swift advice and up-to-date monitoring reports tailored to their specific needs and tracking the evolution of amendments and updates to legislation. Harmonised standards relating to product safety Furthermore, Van Bael & Bellis has advised clients on the various harmonised standards prepared by bodies such as CEN and CENELEC under the product safety laws mentioned above. The firm has, likewise, become involved in complex discussions with the authorities, and in preparing submission papers, for clients wishing to be involved during the consultations process while such standards are being prepared. Food safety Last but certainly not least, another area of the firm’s expertise is the Union’s food laws, and the sanitary and phytosanitary measures put into place by the EU Institutions for animal health and food safety, “from farm to fork”. The firm’s lawyers continuously provide monitoring reports to trade associations whose members import foodstuffs into the Union and who therefore need to be updated on the latest developments in this field. Van Bael & Bellis has, furthermore, held seminars on, among other matters, various aspects of food safety to government officials of a third country which is a major exporter of food products to the Union. |