7. 8. 85 Official Journal of the European Communities No L 210/29 COUNCIL DIRECTIVE of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty esiablishing the European Economic Community, and in particular Article 100 thereof, Having regard to the proposal from the Commis- sion (!), Having regard to the opinion of the European Parliament (?), Having regard to the opinion of the Economic and Social Committee (%), Whereas approximation of the laws of the Member States concerning the liability of the producer for damage caused by the defectiveness of his products is necessary because the existing divergences may distort competition and affect the movement of goods within the common market and entail a differing degree of protection of the consumer against damage caused by a defective product to his health or property; Whereas liability without fault on the part of the producer is the sole means of adequately solving the problem, peculiar to our age of increasing technicality, of a fair apportionment of the risks inherent in modern technological production ; Whereas libility without fault should apply only to movables which have been industrially produced; whereas, as a result, it is appropriate to exclude liability for agricultural products and game, except where they have undergone a processing of an industrial nature which could cause a defect in these products ; whereas the liability provided for in this Directive should also apply to movables which are used in the construction of immovables or are installed in immovables ; Whereas protection of the consumer requires that all producers involved in the production process should be made liable, in so far as their finished product, component part or any raw material supplied by them () OJ No C 241, 14.10. 1976, p. 9 and O] No C 271, 26. 10. 1979, p. 3. (® OJ No C 127, 21. 5. 1979, p. 61. () OJ No C 114, 7. 5. 1979, p. 15. was defective ; whereas, for the same reason, liability should extend to importers of products into the Community and to persons who present themselves as producers by affixing their name, trade mark or other distinguishing feature or who supply a product the producer of which cannot be identified ; Whereas, in situations where several persons are liable for the same damage, the protection of the consumer requires that the injured person should be able to claim full compensation for the damage from any one of them ; ' whereas, to protect the physical well-being and property of the consumer, the defectiveness of the product should be determined by reference not to its fitness for use but to the lack of the safety which the public at large is entitled to expect ; whereas the safety is assessed by excluding any misuse of the product not reasonable under the circumstances ; Whereas a fair apportionment of risk between the injured person and the producer implies that the producer should be able to free himself from liability if he furnishes proof as to the existence of certain exonerating circumstances ; Whereas the protection of the consumer requires that the liability of the producer remains unaffacted by acts or omissions of other persons having contributed to cause the damage ; whereas, however, the contributory negligence of the injured person may be taken into account to reduce or disallow such liability ; Whereas the protection of the consumer requires compensation for death and personal injury as well as compensation for damage to property; whereas the latter should nevertheless be limited to goods for private use or consumption and be subject to a deduc- tion of a lower threshold of a fixed amount in order to avoid litigation in an excessive number of cases; whereas this Directive should not prejudice compensa- tion for pain and suffering and other non-material damages payable, where appropriate, under the law applicable to the case; Whereas a uniform period of limitation for the bringing of action for compensation is in the interests both of the injured person and of the producer;