[ParlTrack]

Proposal for a regulation
Recital 18 a (new)

(18a) Harmonised rules should be put in place with regard to the indication of the origin of textile products, in order to protect consumers against fraudulent, inaccurate or misleading indications. As regards imported products, those rules should take the form of mandatory labelling requirements. Concerning products not subject to mandatory origin labelling at Union level, provision should be made for rules ensuring that possible claims of origin are not false or misleading.

2010/03/22
Committee: IMCO

Lara COMI, Christel SCHALDEMOSE

Proposal for a regulation
Article 4 – paragraph 2

2. ~~The application of this Regulation shall be without prejudice to the application of the~~Save as otherwise provided in this Regulation, national and ~~Community~~Union rules on protection of industrial and commercial property, on indications of provenance, marks of origin and the prevention of unfair competition shall remain applicable to textile products.

2010/03/22
Committee: IMCO

Christel SCHALDEMOSE

Proposal for a regulation
Article 9

1. A textile product composed of two or more fibres, one of which accounts for at least 85 % of the total weight, shall be labelled by one of the following: (a) the name of the fibre which accounts for at least 85% of the total weight followed by its percentage by weight; (b) the name of the fibre which accounts for at least 85% of the total weight followed by the words ‘85 % minimum’; (c) the full percentage composition of the product. 2. A textile product composed of two or more fibres, none of which accounts for as much as 85 % of the total weight, shall be labelled by the name and percentage by weight of at least two fibres with the highest percentage by weight, followed by the names of the other constituent fibres in descending order of the percentage by weight, with or without an indication of their percentage by weight. However, the following rules shall also apply: (a) fibres which separately account for less than 10 % of the total weight of a product may be collectivelyshall be labelled with the name and percentage by weight of all constituent fibres in descending order. 2. By way of derogation from paragraph 1, fibres not included in Annex I may be designated by the term ‘'other fibres’', followed by their total percentage by weight~~; (b) where the name of a fibre which accounts for less than 10 % of the total weight of a product is specified, the full percentage composition of that product shall be given~~. 3. Products having a pure cotton warp and a pure flax weft, in which the percentage of flax accounts for at least 40 % of the total weight of the unsized fabric may be given the name ‘cotton linen union’ which must be accompanied by the composition specification ‘pure cotton warp — pure flax weft’. 4. FWithout prejudice to Article 5 (1), for textile products the composition of which cannot easily be stated at the time of their manufacture, the term ‘mixed fibres’ or the term ‘unspecified textile composition’ may be used on the label.

2010/03/22
Committee: IMCO

Lara COMI, Christel SCHALDEMOSE

Proposal for a regulation
Article 11 a (new)

Article 11a 1. For the purpose of this Article, the terms 'origin' or 'originating' shall refer to non-preferential origin in accordance with Articles 22 to 26 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code1. 2. The importation or placing on the market of textile products imported from third countries, except for those originating in Turkey and the Contracting Parties of the EEA Agreement, shall be subject to origin labelling under the conditions laid down in this Article. 3. The country of origin of textile products shall be indicated on the label of these products. In cases where products are packaged, the indication shall be made separately on the package. 4. The Commission may adopt delegated acts, in accordance with Articles 19a, 19b and 19c, to determine cases in which the indication of origin on the packaging shall be accepted in lieu of labelling of the products themselves. This may, in particular, be the case where products do normally reach the end consumer or user in their usual packaging. 5. The words “made-in” together with the name of the country of origin shall indicate the origin of textile products. The labelling may be made in any official language of the European Union, which is easily understood by the end consumer in the Member State in which the products are to be marketed. 6. The origin labelling shall appear in clearly legible and indelible characters, it shall be visible during normal handling, markedly distinct from other information, and be presented in a way which is neither misleading nor likely to create an erroneous impression with regard to the origin of the product. 7. Textile products shall bear the required labelling at the time of importation. Such labelling may not be removed or tampered with until the products have been sold to the end consumer or user. _______ 1 OJ L 302, 19.10.1992, p. 1.

2010/03/22
Committee: IMCO

Lara COMI, Christel SCHALDEMOSE

Proposal for a regulation
Article 11 b (new)

Article 11b 1. Where the origin of textile products other than those referred to in Article 11a is indicated on the label, such indication shall be subject to the conditions laid down in this Article. 2. The product shall be deemed to originate in the country where it underwent at least two of the following stages of manufacture: - spinning; - weaving; - finishing; - making-up. 3. The textile product may not be described on the labelling as entirely originating in a country unless it underwent in that country all the stages of manufacture referred to in paragraph 2. 4. The words “made-in” together with the name of the country of origin shall indicate the origin of the product. The labelling may be made in any official language of the European Union, which is easily understood by the end consumer in the Member State in which the product is to be marketed. 5. The origin labelling shall appear in clearly legible and indelible characters, it shall be visible during normal handling, markedly distinct from other information, and be presented in a way which is not misleading nor likely to create an erroneous impression with regard to the origin of the product.

2010/03/22
Committee: IMCO

Lara COMI, Christel SCHALDEMOSE

Proposal for a regulation
Article 11 c (new)

Article 11c The Commission may adopt delegated acts, in accordance with Articles 19a, 19b and 19c, in order to: - determine the detailed form of and modalities for the origin labelling; - establish a list of terms in all the official languages of the Union which clearly express that products originate in the country indicated in the labelling; - determine the cases where commonly used abbreviations unmistakably indicate the country of origin and can be used for the purpose of this Regulation; - determine the cases in which products cannot or need not be labelled for technical or economic reasons; - determine other rules that may be required when products are found not to comply with this Regulation.

2010/03/22
Committee: IMCO

Lara COMI, Christel SCHALDEMOSE

Proposal for a regulation
Article 11 d (new)

Article 11d 1. Textile products referred to in Article 11a shall be considered not to comply with this Regulation, if: – they do not bear an origin labelling; – the origin labelling does not correspond to the origin of the products; – the origin labelling has being changed or removed, or has otherwise been tampered with, except where correction has been required pursuant to paragraph 5 of this Article; 2. Textile products other than those referred to in Article 11a shall be considered not to comply with this Regulation if: – The origin labelling does not correspond to the origin of the products. – The origin labelling has being changed or removed, or has otherwise been tampered with, except where correction has been required pursuant to paragraph 5 of this Article. 3. The Commission may adopt delegated acts in accordance with Articles 19a, 19b and 19c as to declarations and supporting documents that can be taken to demonstrate compliance with this Regulation. 4. The Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. The Member States shall notify those provisions to the Commission within 9 months after the entry into force of this Regulation, at the latest, and shall notify it without delay of any subsequent amendment affecting them. 5. Where products are not in compliance with this Regulation, Member States shall furthermore adopt the measures necessary to require the owner of the products or any other person responsible for them to label those products in accordance with this Regulation and at their own expense. 6. Where necessary for the effective application of this Regulation, the competent authorities may exchange data received when controlling compliance with this Regulation, including with authorities and other persons or organisations which Member States have empowered pursuant to Article 11 of Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to- consumer commercial practices in the internal market1. ______ 1 OJ L 149, 11.6.2005, p. 22.

2010/03/22
Committee: IMCO

7 Amendments of Christel SCHALDEMOSE related to 2009/0006(COD)

ParlTrack - 2011-2024