Article 17 codifies the manufacturer / economic-operator defences: (1) the defendant is not liable if it proves: (a) the product was not placed on the market or put into service by the defendant; (b) the defect did not exist when the product was placed on the market or put into service; or (c) the defect arose from compliance with mandatory Union or national regulations. Article 17(2) the state-of-the-art defence: where a manufacturer can prove that the state of scientific + technical knowledge at the time the product was placed on the market / put into service or during the subsequent period in which the product was under the manufacturer's control was not such as to enable the existence of the defect to be discovered, the manufacturer is not liable. The state-of-the-art defence is NARROWED in the 2024 PLD: it does not apply where the defect arose after the product was placed on the market AND the defect is due to (a) the integration of a related service controlled by the manufacturer; (b) a substantial modification by the manufacturer; or (c) the manufacturer's failure to provide necessary software updates / patches needed to maintain safety per the manufacturer's documentation.
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.