FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
3.2 Future Policy in Product Liability and Product Safety The proposal for a directive of the European Par - liament and of the Council on liability for defec - tive products will profoundly change the condi - tions for applying product liability. Meanwhile, the proposal to adapt the rules on non-contractual civil liability to artificial intelli - gence, which aimed to update fault-based liabil - ity in the field of artificial intelligence, has been abandoned for the time being.
obligations will be monitored by the DGCCRF. The General Product Safety Regulation also cre - ates new obligations specific to online market - places, including making available single points of contact for direct communication for market surveillance authorities and for the public. Law No 2020-105 of 10 February 2020 on the fight against waste and the circular economy (known as the AGEC Law) introduced a repara - bility index for several product categories, which will become a sustainability index, with addition - al criteria. The durability index will initially apply to televisions (from 1 October 2024), then to washing machines (from 1 January 2025). Law No 2025-188 of 27 February 2025, aiming at protecting people from the PFAS’s (per- and polyfluoroalkyl substances) related risks, intro - duces, from 1 January 2025, a prohibition to import, export or commercialise products (such as cosmetics) containing PFAS. A schedule provides for the extension of this prohibition to other products (such as any textile) until 1 Janu - ary 2030. Also, this law sets out a roadmap to eliminate industrial PFAS discharges into water. Finally, a fee will be introduced for classified facilities subject to authorisation that discharge PFAS, the amount of which will vary according to the weight of PFAS emitted per year.
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