Regulatory Timeline: Product Liability

“Consumer safety is the big focus for the next 12 to 18 months with a raft of new
EU regulations coming into force relating to electrical products, medical devices
and special foods, which will have direct effect in all member states.
In addition, the UK and EC is embracing emerging technology, with new
regulatory proposals expected on drones and driverless cars.”

1 November 2015 – Proposed European legislation
on drones

The European Commission is currently monitoring drone usage across the EU and
considering whether or not a regulatory framework is required specifically for the
regulation of drones. Currently it is covered in most EU countries, including the
UK, by existing aviation, privacy and product laws.

We are expecting the European Commission to announce its legislative proposals
in November 2015.

1 November 2015 – Sports foods

Regulation (EU) No 609/2013 on specific food groups does not currently provide
any specific rules on foods for sportspeople. To deal with this, the Commission is
preparing a report on whether or not special rules are needed for sports foods.
The report is expected in November 2015.

1 December 2015 – Alcohol calories 

Following the new Regulation (EU) No 1169/2011 on the provision of food
information to consumers, which entered into application on 13 December 2014, a
report was due to be published in December 2014 on whether or not alcholic
beverages needed to include details of nutritional information. The report has
been delayed but we expect to hear more by 1 December 2015. 

20 April 2016 – Key consumer electrical product
legislation to be replaced

The following pieces of EU electrical product directives are to be replaced with new
versions: 

• Low Voltage Directive;
• Electromagnetic Compatibility Directive; and
• Radio Equipment & Telecommunications Terminal Equipment Directive
  (to be replaced with Radio Equipment Directive).

UK legislation will be updated by 19 April 2016 to reflect the new directives.
All electrical products placed on the market in the UK/EU on or after 20 April 2016,
caught by the new legislation, must comply with the new measures to avoid
enforcement/sanctions.

1 May 2016 – Proposed replacement of
Medical Devices Directive and In
Vitro Diagnostic Medical Devices
Directive 

The European Commission has proposed to replace the current Medical Devices
Directive and In Vitro Diagnostic Medical Devices Directive (implemented in the UK
by the Medical Devices Regulations) with two new regulations dealing respectively
with medical devices and in vitro diagnostic medical devices. 

The new legislation is still at draft stage and is being debated, but once in force will have direct effect and replace local UK legislation. We expect to know more by
spring 2016. 

The focus is on ensuring patient safety via tighter restrictions on designation of
notified bodies, increased transparency, traceability and market surveillance and
greater protection of those undergoing clinical investigations. 

20 July 2016 – New rules for Infant and Follow on
Formula 

Regulation (EU) No 609/2013 on specific food groups will set additional rules for
manufacturers and sellers of Infant and Follow-on Formula to comply with, by: 

• setting general compositional and labelling rules. This extends to the
  labelling of follow-on formula and the existing restriction of use of
  pictures or text which may idealize the use of products (currently only
  applicable to infant formula); and
• requiring the European Commission to replace the current Infant and
  Follow-on Formula Directive with regulations.

1 July 2017 – Driverless cars: potential change in UK (and EU) regulations

A full review and amendment of the current UK regulations is expected to be completed by summer 2017, with a view to accommodating driverless vehicle technology. We hope that the legislative changes will have developed such that, at the very least, semi-autonomous vehicles are properly legislated for. 

Thereafter, the UK Government is predicting that this will link into a change in international regulations by 2018.