Regulation of products

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This overview is a guide to the content within the Regulatory (EU Law) subtopic with links to the appropriate materials. This subtopic examines EU regulations and directives which regulate products including the safety and liability, packaging and ecodesign requirements. This subtopic also covers specific areas, such as construction products, cosmetic products, conflict minerals, machinery and forest-derived products.

General product liability and safety regulations

The EU Product Liability Directive

Directive 85/374/EEC of 25 July 1985, on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, also known as the EU Product Liability Directive (EU PLD), imposes a strict liability on producers of defective products marketed in the EEA.

Practice Note: The EU Product Liability Directive considers what constitutes a defective product under the EU PLD, who in the supply chain may be liable, their degree of liability and any contributory negligence issues, the type of damages that may be awarded and the various defences available to a producer. It considers significant cases of the Court of Justice.

On 18 November 2024, Directive (EU) 2024/2853, (the Revised EU PLD),

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Latest EU Law News

European Commission adopts delegated regulation on EMIR active account requirements

The European Commission has adopted a delegated regulation supplementing article Article 7a of the European Market Infrastructure Regulation (Regulation (EU) No 648/2012) (EMIR) (as introduced by Regulation  (EU 2024/2987) (EMIR 3)) containing regulatory technical standards (RTS) for active account requirements. The delegated regulation implements EMIR 3 provisions intended to reduce financial stability risks from EU exposure to third-country central counterparties by requiring certain counterparties to maintain operational active accounts at EU CCPs. The rules establish operational conditions including IT connectivity and stress testing requirements, representativeness obligations for euro and Polish zloty interest rate derivatives, and six-monthly reporting requirements to competent authorities.

Opera’s Edge dispute raises key question: Who can challenge EU DMA decisions?

MLex: Web browser Opera's challenge to the European Commission over its refusal to designate Microsoft's Edge as a digital 'gatekeeper' was heard in court this week. It delved into the thorny question of who can challenge the regulator's Digital Markets Act decisions: The law doesn't specify any official status for third parties, despite the commission relying on them to inform its decisions. The outcome of the appeal will be significant for companies that operate in the shadows of the biggest platforms.

EU Commission eyes changes to how AI law covers sector regulated products

MLex: The European Commission is considering changes to how products regulated under EU sectoral product safety laws are covered by the EU’s AI law as part of its wider drive to streamline digital regulations, MLex has learned. The move, which is being considered as part of a digital ‘omnibus’ package due 19 November 2025, could ease obligations for sectors such as medical devices and industrial machinery.

EBA publishes CRR final draft RTS on CVA risk of securities financing transactions

The European Banking Authority (EBA) has published its final draft regulatory technical standards (RTS) made under ​Article 382(6) of the Capital Requirements Regulation (Regulation (EU) No 575/2013) (CRR) specifying the conditions and criteria for assessing whether credit valuation adjustment (CVA) risk exposures arising from fair-valued securities financing transactions (SFTs) are material. The RTS also define the frequency of this assessment.

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