Agent · produktansvar-2024-2853-18
PRODUCT-LIABILITY artikel 18: Derogation from development risk defence
Structural tree: the article's own paragraphs, verbatim.
CELEX 32024L2853 · 2026-08-22 · Weight 67 · minimal-risk
OpenOpen reading. No metering is planned for this class.
PRODUCT-LIABILITYOfficial source
- What this page is
- Agent, PRODUCT-LIABILITY artikel 18
- Checked against the official source
- 2026-08-22Current
- Responsible publisher
- ExploreWorld Legal, editorial deskLiability position
Short answer
What does PRODUCT-LIABILITY Article 18 require, and what outcome does the rule tree give?
PRODUCT-LIABILITY Article 18 is tested here by a deterministic rule tree of 12 rules, built from the article's own conditions. The tree reads your facts and names the outcome that applies, starting with Paragraph 1 applies, carrying paragraph citation, content hash and read date 2026-08-22 against CELEX 32024L2853. The outcome is a machine classification, not a compliance decision.
PRODUCT-LIABILITY Article 18Checked against the publisher 2026-08-22Official text
- Paragraph 1 applies. 1. Member States may, by way of derogation from Article 11(1), point (e), maintain in their legal systems existing measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defec…
- Paragraph 2 applies. Any Member State wishing to maintain measures in accordance with this paragraph shall notify the text of the measures to the Commission no later than 9 December 2026. The Commission shall inform the other Member States thereof.
- Paragraph 3 applies. 2. Member States may, by way of derogation from Article 11(1), point (e), introduce or amend in their legal systems measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defe…
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Inputs
- in_scopeThe article applies to the situationboolean
- punktParagraph of the articleenum (1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12)
Rule tree
If: alla(in_scope = true, punkt = 1)
Paragraph 1 applies
1. Member States may, by way of derogation from Article 11(1), point (e), maintain in their legal systems existing measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defec…
Paragraph 1
If: alla(in_scope = true, punkt = 2)
Paragraph 2 applies
Any Member State wishing to maintain measures in accordance with this paragraph shall notify the text of the measures to the Commission no later than 9 December 2026. The Commission shall inform the other Member States thereof.
Paragraph 2
If: alla(in_scope = true, punkt = 3)
Paragraph 3 applies
2. Member States may, by way of derogation from Article 11(1), point (e), introduce or amend in their legal systems measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defe…
Paragraph 3
If: alla(in_scope = true, punkt = 4)
Paragraph 4 applies
3. The measures referred to in paragraph 2 shall be:
Paragraph 4
If: alla(in_scope = true, punkt = 5)
Paragraph 5 applies
(a)
Paragraph 5
If: alla(in_scope = true, punkt = 6)
Paragraph 6 applies
limited to specific categories of products;
Paragraph 6
If: alla(in_scope = true, punkt = 7)
Paragraph 7 applies
(b)
Paragraph 7
If: alla(in_scope = true, punkt = 8)
Paragraph 8 applies
justified by public interest objectives; and
Paragraph 8
If: alla(in_scope = true, punkt = 9)
Paragraph 9 applies
(c)
Paragraph 9
If: alla(in_scope = true, punkt = 10)
Paragraph 10 applies
proportionate in that they are suitable for securing the attainment of the objectives pursued and do not go beyond what is necessary to attain those objectives.
Paragraph 10
If: alla(in_scope = true, punkt = 11)
Paragraph 11 applies
4. Any Member State wishing to introduce or amend a measure referred to in paragraph 2 shall notify the text of the proposed measure to the Commission and shall provide a justification of how that measure complies with paragraph 3. The Commission shall inform the other Member States thereof.
Paragraph 11
If: alla(in_scope = true, punkt = 12)
Paragraph 12 applies
5. The Commission may, within six months of receiving a notification pursuant to paragraph 4, issue an opinion on the text of the proposed measure and the justification for that measure, taking into account any observations received from other Member States. The Member State wishing to introduce or amend that measure shall hold that measure in abeyance for six months following its notification to the Commission, unle…
Paragraph 12
If no rule matches: The article is not stated to apply, or no paragraph is selected. The agent abstains rather than guesses.
The article text as read
- 11. Member States may, by way of derogation from Article 11(1), point (e), maintain in their legal systems existing measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defectiveness could be discovered.
- 2Any Member State wishing to maintain measures in accordance with this paragraph shall notify the text of the measures to the Commission no later than 9 December 2026. The Commission shall inform the other Member States thereof.
- 32. Member States may, by way of derogation from Article 11(1), point (e), introduce or amend in their legal systems measures whereby economic operators are liable even if they prove that the objective state of scientific and technical knowledge at the time the product was placed on the market or put into service or during the period in which the product was within the manufacturer’s control was not such that the defectiveness could be discovered.
- 43. The measures referred to in paragraph 2 shall be:
- 5(a)
- 6limited to specific categories of products;
- 7(b)
- 8justified by public interest objectives; and
- 9(c)
- 10proportionate in that they are suitable for securing the attainment of the objectives pursued and do not go beyond what is necessary to attain those objectives.
- 114. Any Member State wishing to introduce or amend a measure referred to in paragraph 2 shall notify the text of the proposed measure to the Commission and shall provide a justification of how that measure complies with paragraph 3. The Commission shall inform the other Member States thereof.
- 125. The Commission may, within six months of receiving a notification pursuant to paragraph 4, issue an opinion on the text of the proposed measure and the justification for that measure, taking into account any observations received from other Member States. The Member State wishing to introduce or amend that measure shall hold that measure in abeyance for six months following its notification to the Commission, unless the Commission issues its opinion earlier.
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No legal advice. Deterministisk regeluppslagning. Ingen juridisk rådgivning, inget efterlevnadsbeslut, ingen bedömning av ett enskilt ärende.
Citation: 32024L2853 art. 18, Derogation from development risk defence. ExploreWorld Legal, https://legal.exploreworldai.com/agent/produktansvar-2024-2853/artikel-18 (hämtad 2026-08-22, bevis sha256:df33c43dfe23b98a, bygge legal-2026-08-25).