The Commission presented a report on the application of Regulation (EU) No 1007/2011 on textile fibre names and related labelling and marking of the fibre composition of textile products.

To recall, as from 8 May 2012, the Textile Regulation repealed and replaced the three ‘Textile Directives’: (i) Directive 2008/121/EC on textile names, (ii) Directive 96/73/EC on certain methods for the quantitative analysis of binary textile fibre mixtures and (iii) Directive 73/44/EEC on the approximation of the laws of the Member States relating to the quantitative analysis of ternary fibre mixtures.

The Regulation shares the general objectives of the previous Textile Directives, i.e. to eliminate potential obstacles to the proper functioning of the internal market and to provide consumers with adequate and relevant information.

The Textile Regulation applies to textile products and products or textile components made up at least 80% by weight of textile fibres. It contains rules on:

the labelling and marking of the fibre composition of textile products; the labelling or marking of textile products containing non-textile parts of animals; and the determination of the fibre composition of textile products by quantitative analysis of binary and ternary textile fibre mixtures.

(1) Application of the Regulation : the Commission noted that the period provided for by the Regulation for carrying out an evaluation of its application was limited (2012-2014) and insufficient for detecting all the strengths and weaknesses of the legislation for the time being.

The general outcome of the survey and consultations with Member States’ and other stakeholders’ experts seem to show that the Regulation has been functioning well since it entered into force :

it provides for appropriate measures to achieve its objectives, namely the proper functioning of the internal market, giving accurate information to consumers, introducing more flexibility to adapt the legislation to technological changes, and simplifying the regulatory framework; moving from three Directives to one Regulation has led to less red tape and more certainty for businesses and consumers.

(2) Identified effects : the majority of Member State authorities reported no major difficulties or specific problems .

The requirement to indicate non-textile parts of animal origin (Article 12) and the requirement to label or mark textile products in the languages of the Member States in which the products are marketed (Article 16(3)) were cited by some Member States and many stakeholders as causing most problems (confusion, unnecessary complexity and cost).

The kinds of problem reported by market surveillance authorities as regards application of the Regulation concerned: (i) non-compliance by businesses, namely: the use of textile fibre names not listed in Annex I; (ii) the non-indication of fibre composition in the official language of the country in which the product is marketed; the incorrect indication of fibre composition on a label or marking; (ii) limited availability of resources, both human and financial, resulting in a reduced number of samples that can be tested.

The Commission considered that practical and compliance-related issues which still raise questions among practitioners can be clarified in various ways, in particular by issuing technical guidance . The new provisions may have led to increased costs for businesses, but it could be considered that these have been offset by better information to consumers.

(3) EU actions and perspectives : to complement the Regulation, the Commission has drawn up a list of frequently asked questions (FAQs) to provide businesses with answers to questions raised by its application. The list is updated regularly and made publicly available on the Commission’s website.

The report noted that despite the practical challenges involved in applying certain provisions in the current regulatory framework, no major gaps, inconsistencies or administrative burden have been detected that would require amendment of the Regulation .

In order to improve the existing regulatory framework, the Commission concluded that the following could be envisaged:

issuing a guidance document , based on the current FAQs, to clarify various aspects of the Textile Regulation; examining practical possibilities for improving the process for dealing with applications for new fibre names ; and considering a request for standardisation work from the relevant European standardisation organisations, notably CEN.

In addition, the Commission will carry out further and ongoing monitoring of the Regulation with the assistance of Member States and relevant stakeholders. Furthermore, Member States will be encouraged to consider additional checking and controlling of textile products under their market surveillance national programmes.

In accordance with the requirements of Regulation (EU) No 1007/2011 on textile fibre names and related labelling and marking of fibre composition of textile products (the Textile Regulation), the Commission presents a report regarding possible new labelling requirements of textile products and on a study on allergenic substances in textile products.

Issues examined : these issues include an origin labelling scheme, a harmonised care labelling system, a Union-wide uniform size labelling system, an indication of allergenic substances, electronic labelling and other new technologies, language-independent symbols or codes for the identification of textile fibres. The possible labelling or marking of leather products was also examined. Moreover, the Commission was required to carry out a study to evaluate whether there is a causal link between allergic reactions and chemical substances or mixtures used in textile products, and where appropriate, submit legislative proposals.

This report has been established on the basis of the outcome of the studies carried out on the Commission’s behalf.

Evaluation : whilst the studies and the consultations with a large spectrum of stakeholders have indicated that the development of new initiatives to establish new labelling requirements for textile products is of interest to consumers, the Commission concludes that labelling requirements, such as the following, do not need to be addressed in the Textile Regulation, given they are currently in place or being developed under other regulatory on non-regulatory frameworks:

· care and size labelling is being addressed either by voluntary schemes or standards;

· standardisation work, in particular, is progressing towards a harmonised size designation and coding system, at EU and international level; and

· country of origin labelling is being addressed by the Commission proposal for a regulation on consumer product safety , which provides a cross-sector solution to country of origin and traceability related aspects.

Study on allergenic substances : the report notes that around 1-2% of all contact allergies are reported to stem from textiles. Around 2/3 of textile-related allergy cases are attributed to disperse dyes, some of which can cause allergic contact dermatitis (ACD) in sensitised individuals. Current scientific knowledge also indicates that some textile finish resins can release substances which cause ACD in sensitised individuals. Many textile additives and auxiliaries are rare sensitizers, but reactive dyes do not have sensitising potential. On the basis of their intrinsic properties, there are substances classified as skin sensitizers or irritants, which may remain in finished textile products.

The Commission concludes that it is not yet possible to draw a general conclusion on whether there is a causal link between allergic reactions and chemical substances used and remaining on finished textile products. There remains uncertainty about the actual release and the safe threshold concentration levels of sensitizing and irritating chemical substances on finished textile products and this makes it difficult to convey accurate and relevant information about risks to consumers. Furthermore, a risk assessment is necessary to establish whether those substances pose an unacceptable risk requiring action in the context of REACH’s restriction procedure. Peer-reviewed epidemiological data is sparse and, when available, not recent.

Although some voluntary labelling schemes do already exist to inform consumers about the presence of hazardous substances (including allergenic substances) in textile products, labelling schemes and other tools to convey information on allergenic substances should be further investigated . Also, the need for further measures to control the presence of substances (in particular sensitizers) which are found in finished textile products and may be released from products should be assessed and, if appropriate, addressed under the relevant instruments available in EU chemicals legislation, and in particular under the REACH Regulation. The outcome of parallel processes, such as the on-going revision of the EU Ecolabel criteria for textile products, will be taken into account.

PURPOSE: Addendum to Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council ( Regulation initially published in OJ L 272 of 18.10.2011 ).

CONTENT: the correction concerns the addition of a statement by the European Parliament and the Council concerning Regulation (EU) No 1007/2011.

The European Parliament and the Council are mindful of the importance of providing accurate information to consumers, in particular when products are marked with an indication of origin, so as to protect them against fraudulent, inaccurate or misleading claims. The use of new technologies , such as electronic labelling, including radio frequency identification, may be a useful tool to provide such information while keeping pace with technical development. The European Parliament and the Council invite the Commission, when drawing up the report pursuant to Article 24 of the Regulation, to consider their impact on possible new labelling requirements , including with a view to improve the traceability of products.

The Commission accepts the amendments voted by the European Parliament in second reading according to a compromise text of the Council and the European Parliament. The Parliament's position is a result of a compromise obtained at a trialogue held on 12 April 2011 and which was approved on 20 April 2011 in Council.

The European Parliament’s opinion at second reading of 11 May 2011 is a balanced compromise, making a limited number of amendments to the Council's position in order to make more information available for consumers in respect to the presence of non-textile parts of animal origin and the full composition of textile products. A comprehensive review clause invites the Commission to examine further harmonisation of labelling of textile products, including an origin labelling scheme. The compromise text is in line with the overall purpose of the proposal.

The European Parliament adopted a resolution on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC, Directive 96/73/EC of the European Parliament and of the Council and Directive 2008/121/EC of the European Parliament and of the Council.

It adopted its position at second reading under the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between the European Parliament and the Council.

The main amendments made to the Council position at first reading are as follows:

Subject matter : the amended text stipulates that the Regulation lays down rules concerning the use of textile fibre names and related labelling and marking of fibre composition of textile products, rules concerning the labelling or marking of textile products containing non-textile parts of animal origin.

Scope : this Regulation shall not apply to customised textile products made up by self-employed tailors.

Multi-fibre textile products: a textile product shall be labelled or marked with the name and percentage by weight of all constituent fibres in descending order. By way of derogation, a fibre which accounts for up to 5% of the total weight of the textile product, or fibres which collectively account for up to 15% of the total weight of the textile product, may, where they cannot easily be stated at the time of the manufacture, be designated by the term 'other fibres', immediately preceded or followed by their total percentage by weight.

Fibres not yet listed in Annex I may be designated by the term 'other fibres', immediately preceded or followed by their total percentage by weight.

Textile products containing non-textile parts of animal origin : the presence of non-textile parts of animal origin in textile products shall be indicated by using the phrase "Contains non-textile parts of animal origin" on the labelling or marking of such products whenever they are made available on the market. The labelling or marking shall not be misleading and shall be carried out in such a way that the consumer can easily understand.

Labels and markings : abbreviations shall not be used with the exception of a mechanised processing code, or where they are defined in international standards, provided that the abbreviations are explained in the same commercial document.

Textile fibre names and fibre composition descriptions : when making a textile product available on the market, the textile fibre composition descriptions shall be indicated in catalogues and trade literature, on packaging, labels and markings in a manner that is easily legible, visible, clear and in print which is uniform as regards its size, style and font.

Determination of fibre composition : the laboratories responsible for the testing of textile mixtures for which there is no uniform method of analysis at Union level shall determine the fibre composition of such mixtures, indicating in the analysis report the result obtained, the method used and its degree of accuracy.

Information to be included in the technical file : a new recital stipulates that it is necessary that a manufacturer, or any person acting on his behalf, who wishes to add a new textile fibre name to the Annexes to this Regulation, include in the technical file to be submitted with his application available scientific information concerning possible allergic reactions or other adverse effects of the new textile fibre on human health, including results of tests conducted to that effect in compliance with relevant Union legislation.

Delegated acts : the power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this text. The delegation of power shall be conferred on the Commission for a period of five years from the entry into force of the Regulation. It may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. A delegated act shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object.

Review : by 30 September 2013 , the Commission shall submit a report to the European Parliament and the Council regarding possible new labelling requirements to be introduced at Union level with a view to providing consumers with accurate, relevant, intelligible and comparable information on the characteristics of textile products.

The report shall be based on a consultation of relevant stakeholders and shall take into account existing related European and international standards.

The report shall be accompanied, where appropriate, by legislative proposals, and shall examine, inter alia, the following issues:

an origin labelling scheme aimed at providing consumers with accurate information on the country of origin and additional information ensuring full traceability of textile products, taking into account the results of developments on potential horizontal country-of-origin rules, a harmonised care labelling system, a Union-wide uniform size labelling system for relevant textile products, an indication of allergenic substances, electronic labelling and other new technologies, and the use of language-independent symbols or codes for the identification of fibres.

Study on hazardous substances : by 30 September 2013 , the Commission shall carry out a study to evaluate whether there is a causal link between allergic reactions and chemical substances or mixtures used in textile products. On the basis of that study, the Commission shall, where appropriate, submit legislative proposals in the context of existing Union legislation.

Reporting : five years after the date of entry into force of the Regulation, the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation, with an emphasis on the requests for and adoption of new textile fibre names and submit, where appropriate, a legislative proposal.

The Committee on the Internal Market and Consumer Protection adopted the recommendation for second reading contained in the report drafted by Toine MANDERS (ADLE, NL) on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on textile fibre names and related labelling and marking of fibre composition of textile products and repealing Council Directive 73/44/EEC, Directive 96/73/EC of the European Parliament and of the Council and Directive 2008/121/EC of the European Parliament and of the Council.

The committee has decided to restore the vast majority of Parliament's amendments at first reading. It recommended that the European Parliament’s position, adopted at second reading under the ordinary legislative procedure, amends the Council position at first reading as follows:

Scope : this Regulation shall not apply to textile products which are made up by self-employed tailors who work from their own homes or run independent firms.

Placing on the market : save as otherwise provided in this Regulation, national and 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.

Multi-fibre products : the committee proposes that a textile product shall be labelled with the name and percentage by weight of all constituent fibres in descending order. By way of derogation, a fibre which accounts for up to 3% of the total weight of the textile product, or fibres which collectively account for up to 10% of the total weight, may be designated by the term 'other fibres', immediately followed by their percentage by weight, provided that they cannot easily be stated at the time of the manufacture.

Fibres not yet included in the harmonised list of textile fibre names set out in Annex I may be placed on the market in order to assess consumer demand, provided that an application has been submitted in accordance with the procedure laid down in the Regulation.

Non-textile parts of animal origin : an amendment has been introduced stating that the presence of non-textile parts of animal origin shall be indicated in the labelling or marking of textile products whenever they are made available on the market. The labelling or marking shall not be misleading and shall be carried out in such a way that the consumer can easily understand to which part of the product the information refers.

Labelling and marking : the labelling and marking of textile products shall be durable and easily legible, throughout the product's normal or reasonably foreseeable period of use, visible and accessible and, in the case of a label, securely attached. The label and the way in which it is affixed shall minimise discomfort caused to the consumer when wearing the product.

The labelling or marking shall be provided in any official language of the Union which is easily understood by the end consumer in the Member State on the territory of which the textile products are made available. Abbreviations shall not be used except in certain circumstances.

An amendment has been introduced to ensure that all fibres are indicated on the label of a textile product in a uniform manner irrespective of their percentage by weight and the prestige which they enjoy among consumers.

Where appropriate, the textile fibre names indicated on the label or marking may be replaced by, or combined with, intelligible language-independent symbols or codes.

Laboratories testing textile mixtures : any laboratory approved by a Member State for the testing of textile mixtures for which there is no uniform method of analysis at Union level shall determine the fibre composition of such mixtures.

Indication of origin for textile products : a set of amendments introduces a requirement to indicate the country of origin of textile products imported from third countries . 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 Union, which is easily understood by the end consumer in the Member State in which the products are to be made available on the market. The origin labelling shall appear in clearly legible and indelible characters, shall be visible during normal handling, markedly distinct from other information, and shall be presented in a way which is neither misleading nor likely to create an erroneous impression with regard to the origin of the product. Textile products shall bear the required labelling at the time of import. Such labelling shall not be removed or tampered with until the products have been sold to the end consumer or user.

Furthermore, Members reintroduce Parliament’s amendment concerning a voluntary origin marking scheme to be applied to EU manufactured textile products . The product shall be deemed to originate in the country where it underwent at least two of its stages of manufacture: spinning, weaving, finishing, making-up.

Requirements for the technical file to be attached to the application for the authorisation of a new textile fibre name : the technical file accompanying the application to add a new textile fibre name to Annex I should contain available scientific information concerning possible allergenic reactions or other adverse effects of the new fibre on human health, including results of tests conducted to that effect in compliance with relevant EU legislation.

Delegated acts : Members propose that the Commission should be empowered to adopt delegated acts in accordance with Article 290 of the TFEU concerning the adoption of technical criteria and procedural rules for the authorisation of higher tolerances, the labelling or marking of non-textile parts of animal origin, the form and use of language-independent symbols or codes for textile fibre names, the indication of origin of textile products.

Review clause : by 18 months after the date of entry into force of this Regulation, the Commission shall submit a report to the European Parliament and the Council regarding possible new labelling requirements to be introduced at Union level with a view to providing consumers with accurate, relevant, intelligible and comparable information on the characteristics of textile products.

The report shall be based on an extended consultation of all stakeholders, consumer surveys, a thorough cost-benefit analysis, and shall take into account existing related European and international standards. It shall be accompanied, where appropriate, by legislative proposals.

Study on hazardous substances : by 18 months after the date of entry into force of this Regulation, the Commission shall carry out a study to assess whether substances used in the manufacture or processing of textile products may represent a hazard to human health. That study shall evaluate in particular whether there is a causal link between allergic reactions and fibres, colourings, biocides, preservatives or nanoparticles used in textile products. The study shall be based on scientific evidence and shall take into account the results of market surveillance activities. On the basis of the study, the Commission shall, where justified, present legislative proposals with a view to prohibiting or restricting the use of potentially hazardous substances used in textile products, in compliance with relevant Union legislation.

Report : by 3 years after the date of entry into force of this Regulation, the Commission shall submit a report to the European Parliament and to the Council on the application of this Regulation, with an emphasis on the requests for and adoption of new textile fibre names and submit, where appropriate, a legislative proposal.

Transitory provision: Members call for textile products which comply with Directive 2008/121/EC on textile names (recast) and which are placed on the market before 6 months after the date of entry into force of this Regulation may continue to be made available on the market until 2 years and 6 months after the date of entry into force of this Regulation.

Annex V : Members propose deleting felts, felt hats and toys from the list of products which are not subject to a mandatory labelling or marking requirements.

The Commission supports the main lines of Council’s position at first reading. Council’s position at first reading encompasses a vast majority of technical amendments introduced also by the European Parliament to clarify the scope, refine the structure, provide clearer definitions and adapt the text to the latest legal and institutional developments.

Nonetheless, origin marking was already proposed by the Commission in 2005 for a range of goods including textile products and could be integrated in the present regulation. Having this objective in mind, as well as considering diverging views of co-legislators on the scope of the regulation, the Commission undertakes to facilitate the inter-institutional negotiation to reach an acceptable compromise for both co-legislators.

The Commission recalls the benefits of a simplified regulatory framework for stakeholders and national administrations; therefore, for a more innovative textile and clothing sector, it is convenient that the new regulation is swiftly adopted.

The Position at first reading adopted by the Council underlines the main objective of the Commission's proposal. It accepted 40 of the 63 amendments adopted by the European Parliament at first reading which are compatible with the original objective of the proposal.

The new features introduced during the negotiations in the Council Working Party concern the definition of agreed allowances, some technical clarification and updating in the annexes and a transitional provision for textile products being in stock and fulfilling all requirements of the current Directives.

Furthermore, a new element introduced by the Council is the set of provisions transferring the Regulatory Procedure with Scrutiny (PRAC) into the new procedure for "delegated acts" according to the Lisbon Treaty (TFEU).

The Council rejected 23 amendments concerning the following: the country-of-origin labelling; animal-derived products; custom-made articles; safeguard clause; multi-fibre products; language provision and symbols; provision on inclusive labelling; delegated acts for “symbols”; review; reporting; tests for allergenic reactions and lastly, the inclusion of felts and felt hats into mandatory labelling.

The Position at first reading adopted by the Council underlines the main objective of the Commission's proposal. It accepted 40 of the 63 amendments adopted by the European Parliament at first reading which are compatible with the original objective of the proposal.

The new features introduced during the negotiations in the Council Working Party concern the definition of agreed allowances, some technical clarification and updating in the annexes and a transitional provision for textile products being in stock and fulfilling all requirements of the current Directives.

Furthermore, a new element introduced by the Council is the set of provisions transferring the Regulatory Procedure with Scrutiny (PRAC) into the new procedure for "delegated acts" according to the Lisbon Treaty (TFEU).

The Council rejected 23 amendments concerning the following: the country-of-origin labelling; animal-derived products; custom-made articles; safeguard clause; multi-fibre products; language provision and symbols; provision on inclusive labelling; delegated acts for “symbols”; review; reporting; tests for allergenic reactions and lastly, the inclusion of felts and felt hats into mandatory labelling.

The Council took note of preliminary remarks made by the Commission (see document 10120/10 ) on the European Parliament's opinion on the revision of the EU legislation on textile labelling, following the vote in first reading on 18 May. In 2009 the Commission submitted a proposal aimed at simplifying the regulatory environment for the labelling of textile products and encouraging innovation in the textile industry. The proposal is currently under examination in the Council by a group of experts from the Member States.

The European Parliament adopted by 528 votes to 18 with 108 abstentions a resolution setting out its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) on the proposal for a regulation of the European Parliament and of the Council on textile names and related labelling of textile products, and made the following amendments:

Purpose : Members specify that the Regulation lays down rules concerning the use of textile fibre names, the labelling of textile products and the determination of the fibre composition of textile products by uniform methods of quantitative analysis, with a view to improving their free circulation in the internal market and providing accurate information to consumers.

Scope : the Regulation will not apply to textile products that are delivered to individual end-consumers as custom-made articles.

Market availability: textile products shall only be made available on the market if they are labelled or accompanied with commercial documents in compliance with the provisions of this Regulation.

Labelling : a definition of labelling has been introduced. Textile products shall be labelled whenever they are made available on the market. The labelling shall be easily accessible, visible and securely affixed to the textile product. It shall remain legible throughout the product's normal period of use. The labelling and the way in which it is affixed shall be carried out in such a way as to minimise discomfort caused to the consumer when wearing the product.

Multi-fibre textile products : the Commission had prescribed that 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 methods prescribed in the text. Parliament deleted this and specified instead that a textile product shall be labelled with the name and percentage by weight of all constituent fibres in descending order. By way of derogation, fibres which individually account for up to 3 % of the total weight of the textile product, or fibres which collectively account for up to 10 % of the total weight, may be designated by the term 'other fibres', followed by their percentage by weight, provided that they cannot easily be stated at the time of the manufacture.

Animal-derived materials : a new clause states that where a textile product comprises non-textile parts of animal origin, it shall bear a label stating that such parts are made of animal-derived materials. The labelling shall not be misleading and shall be carried out in such a way that the consumer can easily understand to which part of the product the information on the label refers.

Harmonised standards for the methods for the quantitative analysis of textile fibre mixtures (Annex VIII) : Parliament stated that for the purpose of determining the fibre composition of textile products, the checks referred to in the text shall be carried out in accordance with the methods or harmonised standards set out in Annex VIII.

Indication of origin for textile products imported from third countries : Parliament inserted a new article stating that 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 the Article. Members recall that in the resolution on origin marking , the European Parliament has underlined that consumer protection requires transparent and consistent trade rules, including indications of origin. The aim of such indications should be to enable consumers to be fully aware of the exact origin of the products they purchase, so as to protect them against fraudulent, inaccurate or misleading claims of origin. Harmonised rules should be put in place for that purpose in respect of textile products. 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.

The text provides that 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. The origin labelling shall appear in clearly legible and indelible characters, shall be visible during normal handling, markedly distinct from other information, and shall be presented in a way which is neither misleading nor likely to create an erroneous impression with regard to the origin of the product. 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.

Indication of origin for other textile products : a further new article specifies that where the origin of textile products other than those referred to above is indicated on the label, such indication shall be subject to the conditions laid down in this Article. 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. The textile product may not be described on the labelling as entirely originating in a country unless it underwent in that country all these stages of manufacture. 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.

Penalties : 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. Member States shall notify those provisions to the Commission within nine months after the entry into force of this Regulation, at the latest, and shall notify it without delay of any subsequent amendment affecting them.

Delegated acts : Members made a number of amendments with the broad aim of ensuring consistency with the New Legislative Framework and the provisions of the Treaty of Lisbon on delegated acts (Article 290 of the TFEU).

Revision of the legislative framework on textile labelling : a new recital states that this Regulation is limited to rules concerning the harmonisation of textile fibre names and the labelling of the fibre composition of textile products. In order to eliminate possible obstacles to the proper functioning of the internal market, caused by divergent provisions or practices of Member States, and in order to keep pace with the development of electronic commerce and future challenges in the market for textile products, the harmonisation or standardisation of other aspects of textile labelling should be examined.

Review : the text states that within two years of the entry into force of the Regulation, the Commission shall submit a report to the European Parliament and the Council regarding possible new labelling requirements to be introduced at Union level with a view to providing consumers with accurate, relevant, intelligible and comparable information on the characteristics of textile products. The report shall be based on an extended consultation of all stakeholders, consumer surveys, and a thorough cost/benefit analysis, and shall be accompanied, where appropriate, by legislative proposals. The report shall examine, inter alia, the following issues:

a harmonised care labelling system, an EU-wide uniform size labelling system for clothing and footwear, indication of any potentially allergenic or hazardous substances used in the manufacture or processing of textile products, ecological labelling relating to the environmental performance and sustainable production of textile products, social labelling to inform consumers about the social conditions under which a textile product was produced, warning labels with regard to the flammability performance of textile products, in particular high-fire-hazard clothing, electronic labelling, including Radio-Frequency Identification (RFID), the inclusion of an identification number on the label which shall be used to obtain additional on-demand information about the product, for instance via Internet, the use of language-independent symbols for identifying the fibres used for the manufacture of a textile product, enabling the consumer to easily understand its composition and, in particular, the use of natural or synthetic fibres.

Health implications : by 2 years from the date of entry into force of this Regulation, the Commission shall carry out a study to assess whether substances used in the manufacture or processing of textile products may represent a hazard to human health. That study shall evaluate in particular whether there is a causal link between allergic reactions and synthetic fibres, colourings, biocides, preservatives or nanoparticles used in textile products. The study shall be based on scientific evidence and shall take into account the results of market surveillance activities. On the basis of the study, the Commission shall, where justified, present legislative proposals with a view to prohibiting or restricting the use of potentially hazardous substances used in textile products, in compliance with relevant EU legislation.

Report : by 3 years from the entry into force of this Regulation at the latest, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Regulation, with an emphasis on the requests and adoption of new fibre names and submit, where justified, a legislative proposal.

Transitional provision : Parliament states that textile products which are in compliance with the provisions of Directive 2008/121/EC on textile names (recast) and were placed on the market before 6 months of entry into force of the Regulation may continue to be placed on the market until 2 years and 6 months after entry into force.

Annex V (Products for which labelling or marking is not mandatory) : Parliament deleted felts, felt hats and toys from this Annex.

The Committee on the Internal Market and Consumer Protection adopted the report by Toine MANDERS (ADLE, NL) on the proposal for a regulation of the European Parliament and of the Council on textile names and related labelling of textile products.

It recommended that the European Parliament’s position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) should be to amend the Commission proposal as follows:

Purpose : Members specify that this Regulation lays down rules concerning the use of textile fibre names, the labelling of textile products and the determination of the fibre composition of textile products by uniform methods of quantitative analysis, with a view to improving their free circulation in the internal market and providing accurate information to consumers.

Market availability : textile products shall only be made available on the market if they are labelled or accompanied with commercial documents in compliance with the provisions of this Regulation.

Labelling : a definition of labelling has been introduced. Textile products shall be labelled whenever they are made available on the market. The labelling shall be easily accessible, visible and securely affixed to the textile product. It shall remain legible throughout the product's normal period of use. The labelling and the way in which it is affixed shall be carried out in such a way as to minimise discomfort caused to the consumer when wearing the product.

Labelling of animal-derived materials : Members consider that it is essential for consumers, in order to make informed choices, to be aware whether a textile product comprises materials derived from skin, fur or other animal-derived materials. They propose that it is therefore essential to indicate on the label the presence of animal-derived materials.

Origin marking of textile products : Members recall that in the resolution on origin marking , the European Parliament has underlined that consumer protection requires transparent and consistent trade rules, including indications of origin. The aim of such indications should be to enable consumers to be fully aware of the exact origin of the products they purchase, so as to protect them against fraudulent, inaccurate or misleading claims of origin. Harmonised rules should be put in place for that purpose in respect of textile products. 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.

Harmonised standards for the methods for the quantitative analysis of textile fibre mixtures (Annex VIII) : in order to simplify this Regulation and adapt the uniform methods for the sampling and analysis of textile products to technical progress, the Rapporteur considers that these methods, which are used to check whether the composition of textile products is in conformity with the information supplied on the label, should be transformed into European standards. To that end, the Commission should issue a mandate to the European Committee for Standardisation (CEN).

Delegated acts : the committee has tabled a number of amendments with the broad aim of ensuring consistency with the New Legislative Framework and the provisions of the Treaty of Lisbon on delegated acts (Article 290 of the TFEU).

Revision of the legislative framework on textile labelling : Members specify that this Regulation is limited to rules concerning the harmonisation of textile fibre names and the labelling of the fibre composition of textile products. In order to eliminate possible obstacles to the proper functioning of the internal market, caused by divergent provisions or practices of Member States, and in order to keep pace with the development of electronic commerce and future challenges in the market for textile products, the harmonisation or standardisation of other aspects of textile labelling should be examined.

With this in mind, Members call on the Commission to submit, within two years from the date of entry into force of this Regulation, a report to the European Parliament and the Council regarding possible new labelling requirements to be introduced at Union level with a view to providing consumers with accurate, relevant, intelligible and comparable information on the characteristics of textile products. The report shall be based on an extended consultation of all stakeholders, consumer surveys, and a thorough cost/benefit analysis, and shall be accompanied, where appropriate, by legislative proposals. The report shall examine, inter alia, the following issues:

a harmonised care labelling system, an EU-wide uniform size labelling system for clothing and footwear, indication of any potentially allergenic or hazardous substances used in the manufacture or processing of textile products, ecological labelling relating to the environmental performance and sustainable production of textile products, social labelling to inform consumers about the social conditions under which a textile product was produced, warning labels with regard to the flammability performance of textile products, in particular high-fire-hazard clothing, electronic labelling, including Radio-Frequency Identification (RFID), the inclusion of an identification number on the label which shall be used to obtain additional on-demand information about the product, for instance via Internet, the use of language-independent symbols for identifying the fibres used for the manufacture of a textile product, enabling the consumer to easily understand its composition and, in particular, the use of natural or synthetic fibres.

Health implications : by 2 years from the date of entry into force of this Regulation, the Commission shall carry out a study to assess whether substances used in the manufacture or processing of textile products may represent a hazard to human health. That study shall evaluate in particular whether there is a causal link between allergic reactions and synthetic fibres, colourings, biocides, preservatives or nanoparticles used in textile products. On the basis of the study, the Commission shall, where justified, present legislative proposals with a view to prohibiting or restricting the use of potentially hazardous substances used in textile products, in compliance with relevant EU legislation.

Report : by 3 years from the entry into force of this Regulation at the latest, the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Regulation, with an emphasis on the requests and adoption of new fibre names and submit, where justified, a legislative proposal.

PURPOSE: to lay down rules concerning the use of textile names and related labelling of textile products as well as the rules concerning the quantitative analysis of binary and ternary textile fibre mixtures.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: in recent years experience has shown that there was scope to simplify the existing legal framework for the development and uptake of novel fibres, with a view to encourage innovation in the textile and clothing sector and to allow fibre users and consumers to benefit faster from innovative products. The revision of EU legislation on Textile Names and Labelling 1 was announced in 2006. The purpose is to enhance the transparency of the process of adding new fibres to the list of harmonised fibre names and introduce more flexibility to adapt legislation in order to keep up with the technological developments expected in the textiles industry.

IMPACT ASSESSMENT : the Commission carried out an impact assessment of the various policy options, which led to the following conclusions: (i) the inclusion of guidance on the contents of the application file and the recognition of laboratories in assisting companies in compiling the file could bring significant time savings for both industry and public authorities; (ii) the greatest benefits for industry would arise from reducing the time taken between an application for a new fibre name being submitted and the ability to place the fibre on the market with the new name; (iii) Member States benefit from replacing the Directives with a Regulation, because they would no longer need to transpose the amendments into national legislation; (iv) consumers would benefit from knowing that fibres meet specified characteristics.

CONTENT: the proposed revision is of limited scope. It does not aim to extend EU legislation to other labelling requirements beyond the fibre composition and the harmonisation of textile fibre names covered by the existing Directives. The main changes to the existing legislation can be summarised as follows:

Facilitating the legislative process to adapt legislation to technical progress: this involves transforming Directive 96/74/EC into a Regulation, and repealing Directives 96/73/EC and 73/44/EEC. Given their detailed technical content, the adaptation of uniform methods is better addressed in the form of annexes to the main Regulation. The proposed Regulation includes an Annex VIII, laying down uniform methods used for official tests.

Shortening the time between the submission of an application and the adoption of the new fibre name: i n order to allow fibre manufacturers, fibre users and consumers to benefit faster from the use of novel fibres and innovative products, new fibre names should be adopted in EU legislation more rapidly. In addition to the time gained with the changing of Directive 96/74/EC into a Regulation, the time necessary for the technical examination of requests for new fibre names may be reduced if application files submitted by manufacturers are more correct and complete with respect to the requirements they need to fulfil. The proposal introduces the procedure to be followed by a manufacturer to request the addition of a new fibre name to the technical annexes of the Regulation. The manufacturer needs to submit an application file to the Commission, taking into consideration the minimum requirements set out in Annex II. The Commission will present a report after 5 years, which will focus on assessing the experience obtained with the applications for new fibre names received in that period and it will examine if further gains on time may be obtained from a revision of proposed procedures.

PURPOSE: to lay down rules concerning the use of textile names and related labelling of textile products as well as the rules concerning the quantitative analysis of binary and ternary textile fibre mixtures.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: in recent years experience has shown that there was scope to simplify the existing legal framework for the development and uptake of novel fibres, with a view to encourage innovation in the textile and clothing sector and to allow fibre users and consumers to benefit faster from innovative products. The revision of EU legislation on Textile Names and Labelling 1 was announced in 2006. The purpose is to enhance the transparency of the process of adding new fibres to the list of harmonised fibre names and introduce more flexibility to adapt legislation in order to keep up with the technological developments expected in the textiles industry.

IMPACT ASSESSMENT : the Commission carried out an impact assessment of the various policy options, which led to the following conclusions: (i) the inclusion of guidance on the contents of the application file and the recognition of laboratories in assisting companies in compiling the file could bring significant time savings for both industry and public authorities; (ii) the greatest benefits for industry would arise from reducing the time taken between an application for a new fibre name being submitted and the ability to place the fibre on the market with the new name; (iii) Member States benefit from replacing the Directives with a Regulation, because they would no longer need to transpose the amendments into national legislation; (iv) consumers would benefit from knowing that fibres meet specified characteristics.

CONTENT: the proposed revision is of limited scope. It does not aim to extend EU legislation to other labelling requirements beyond the fibre composition and the harmonisation of textile fibre names covered by the existing Directives. The main changes to the existing legislation can be summarised as follows:

Facilitating the legislative process to adapt legislation to technical progress: this involves transforming Directive 96/74/EC into a Regulation, and repealing Directives 96/73/EC and 73/44/EEC. Given their detailed technical content, the adaptation of uniform methods is better addressed in the form of annexes to the main Regulation. The proposed Regulation includes an Annex VIII, laying down uniform methods used for official tests.

Shortening the time between the submission of an application and the adoption of the new fibre name: i n order to allow fibre manufacturers, fibre users and consumers to benefit faster from the use of novel fibres and innovative products, new fibre names should be adopted in EU legislation more rapidly. In addition to the time gained with the changing of Directive 96/74/EC into a Regulation, the time necessary for the technical examination of requests for new fibre names may be reduced if application files submitted by manufacturers are more correct and complete with respect to the requirements they need to fulfil. The proposal introduces the procedure to be followed by a manufacturer to request the addition of a new fibre name to the technical annexes of the Regulation. The manufacturer needs to submit an application file to the Commission, taking into consideration the minimum requirements set out in Annex II. The Commission will present a report after 5 years, which will focus on assessing the experience obtained with the applications for new fibre names received in that period and it will examine if further gains on time may be obtained from a revision of proposed procedures.