Committee Reports > List of Committees > Joint > 1981 > Committee on the Secondary Legislation of the European Communities > Report No. 92 - Textile Labelling

REPORT

Introduction

1. The Joint Committee has examined the proposal made by the Commission for the adoption of a Council Directive amending Directive 71/307/EEC on the approximation of the laws of the Member States relating to textile names [COM(79) 778 final/2]. The proposed Directive is based on Article 100 of the EEC Treaty which empowers the Council, acting unanimously on a proposal from the Commission to “issue directives for the approximation of such provisions laid down by law, regulation or administrative action in Member States as directly affect the establishment or functioning of the common market”.

2. The proposal has been examined for the Joint Committee by its Sub-Committee on Economic, Commercial and Financial Affairs under the Chairmanship of Senator Noel Mulcahy. The Sub-Committee received the views of the Confederation of Irish Industry and the Irish Textiles Federation. It also considered a written memorandum from the Department of Industry, Commerce and Tourism. The Joint Committee is indebted to Senator Mulcahy and his Sub-Committee for their work. The Joint Committee wishes to express its thanks to the bodies concerned for making their views known to it.

Background

3. Council Directive 71/307/EEC, which introduced compulsory uniform labelling of textile products on the basis of their fibre content both quantitative and qualitative, made it possible to bring about the free movement of these products within the Common Market (something which had previously been hampered by differences in national laws) and ensured to a great extent that consumers were able to ascertain the composition of various textile articles available for sale. This Directive was given effect in Ireland by the European Communities (Names and Labelling of Textile Products) Regulations, 1973, S.I. No. 43 of 1973, which became operative from 13th February, 1973.

4. Since the Directive’s adoption it has emerged that there are many differences in its application and interpretation by Member States, that it is deficient in certain respects, that technological advances have rendered certain of its provisions inappropriate and that rather than facilitating free trade it has had the adverse effect in many cases. More specifically, the following problems have arisen:—

(a)the Directive was originally drafted mainly with traditional textile products in mind. In fact, the terminology used would make it applicable to all textile articles. This is seen as undesirable from a Community view point as it embraces within its scope products which have cornered an increasing share of the market and which should be excluded (e.g. disposable products) or covered by special measures (e.g. non-woven products);

(b)the ambiguous and general nature of some of the definitions and exceptions, discrepancies between the various linguistic versions and the inaccuracy of the technical terminology used, have given rise to different additional clarificatory legislation in Member States, thus introducing distortions in the movement of textile products in the Community;

(c)problems which have arisen, due to the inadequate nature of some of the provisions which do not make sufficient allowance for the typical features of some branches of the textile industry or marketing practices for certain products and due to the lack of provisions applicable to new production techniques and to new products marketed, have been overcome in different ways in the Member States.

Scope of Proposed Directive

5. The Commission amendment proposal [COM(79) 778 final/2] which was the subject of discussion for a number of years and which was submitted to the Council last year is designed to eliminate the previously mentioned drawbacks and the specific amendments to Directive 71/307/EEC relate mainly to points which have been brought up as a matter of urgency by the Member States, industry and consumers and to problems revealed by the complaints and numerous requests for consultation received by the Commission. The rationale behind the amendments to the specific Articles is clearly set out in the explanatory memorandum accompanying the Commission proposal.

6. The most significant amendments of a substantial rather than clarificatory nature are as follows:—

(a)The right of Member States to require textile products sold in their territory to be labelled in their national language as enshrined in Article 8.2.(c) of the Directive is being modified to the extent that it can only be exercised where it is necessary for consumer information and not where the differences in language versions of textile fibre names are negligible and do not prevent the final consumer from understanding them. For this purpose a new Annex V is proposed which will specify those textile fibres outlined in Annex I that may be expressed in a single Community language only. It was found that the bilingual marking imposition was abused and created pointless costs for industry and ultimately the consumer, as well as creating obstacles to trade.

(b)At present it is not compulsory to label components of textile products (excluding main linings) with fibre content if they represent less than 30 per cent. of the total weight of the product. The existing provision is unsatisfactory on two counts. Firstly, the term “component of a textile product” has been subject to diverse interpretations. Secondly, it was never the intention that items such as corsetry, embroidered or etch-printed articles or plush textiles could possibly be excluded from indicating fibre content. Article 6 of the amending proposal is designed to remove any possible ambiguities in interpretation and lays down uniform special rules for the labelling of such textiles with fibre content.

(c)The existing Directive does not provide for the labelling of textile articles sold by the metre or in cut lengths. This has given rise to numerous problems in the Community as regards both the movement of these products and consumer information. Since it is technically difficult and costly to label each metre or cut length, this proposal stipulates, in order to avoid barriers to trade in these products, that the fibre composition need be shown only on the length or roll from which they are cut. However, the purchasers must be able to acquaint themselves with the composition of these products and, consequently, the amendment imposes an obligation on Member States to ensure that information on the fibre content of textile articles sold by the metre or in cut lengths is easily accessible to the consumer.

(d)It is proposed to amend and extend Annex III of the Directive which lists the products which cannot be made subject to mandatory textile fibre labelling or marking. This is in line with statements in the Council minutes accompanying the Directive when it was adopted in 1971. Experience has shown in the intervening years that the exceptions outlined have not been specific enough and have been subject to diverse interpretations. In addition, it has emerged from discussions on the amending proposal that additional exceptions are justified. Accordingly, the following amendment to Annex III is proposed:—

(i)Disposable Articles

It is proposed to exempt these products (e.g. sanitary towels and handkerchiefs) as there is no real need to know the fibre composition of textile articles which are used only once and are then thrown away.

(ii)Articles subject to the Rules of the European Pharmacopoeia and Orthopaedic Articles: Bandages for Medical Use

The new Item 37 in Annex III exempts the above mentioned products from fibre content labelling. It covers a fairly small number of reusable articles which, because of their characteristics and in particular the use for which they are intended, have to meet precise performances which have little or nothing to do with their fibre compositions; for the articles covered by the European Pharmacopoeia these performances are already compulsorily specified in that publication.

(iii)Articles of a kind commonly used in Machinery or Plant

The existing text of Annex III makes provision in Item 16 for the exemption of these products from fibre content labelling. Experience has shown this category to be ambiguous, too generalised and subject to diverse interpretations by Member States. The expression may be taken to apply, to a varying extent, both to articles that are normally intended for technical use (e.g. those used in industries) and to numerous consumer products having various types of technical functions. The former category need not be labelled as it is of no interest to the consumer, whereas for the second category it is necessary to distinguish the cases in which labelling is or is not useful to the consumer. The proposed amendment specifies the products to be exempted from labelling in a comprehensive fashion that would have the same significance in all national laws.

(e)Annex IV of the Directive specifies those textile products which because of their negligible economic importance, small size or special characteristics should be exempted from compulsory individual labelling and be subject solely to inclusive labelling. The draft amendment proposes to include the following additional items in this Annex:

(i)Bun nets and hair nets.

(ii)Ties and bow ties for children.

(iii)Bibs, wash-gloves and face flannels.

(iv)Sewing, mending and embroidery yarns prepared for sale by retail in small quantities with a gross weight of one gram or less.

(v)Webbing for curtains and shutters.

7. As implementation of the provisions laid down by the Directive requires some Member States to amend their legislation, consultation of the European Parliament and the Economic and Social Committee was mandatory in accordance with Article 100 of the Treaty establishing the European Economic Community. The Economic and Monetary Affairs Committee of the European Parliament in its Report notes that the existing Directive— 71/307/EEC—does not include the provision normally used to allow for the adaptation of such directives to technical progress and that it has therefore been necessary in this case for the Commission to submit its own proposal to amend the directive on the basis of Article 100 of the EEC Treaty. It welcomes the Commission’s proposal in the draft Directive to add a provision to the parent Directive enabling a simpler procedure to be adopted in future. The Report accepts the Commission’s text, with two clarifying amendments. The Economic and Social Committee is also broadly in agreement with the proposed Directive.

Implications for Ireland

8. The Confederation of Irish Industry have stated that they have no objection to adoption of the proposed Directive. The Irish Textiles Federation have also indicated acceptance of the Commission’s proposal while stating (a) that where textiles are substantially processed in a third country before being finished in a Community State, this information should be given on labels, and (b) that where textiles originating in a Member State are manufactured in a third country this information should also be given. The Joint Committee understands that the proposal would have to be given specific effect via amendment Regulations to the existing Textile Regulations. The question of the form such amendment Regulations will take, whether they will be comprehensive or whether they will give effect to the amendment proposal by reference only (as was the case with the original text) has not yet been decided.

Conclusions of the Joint Committee

9. The Joint Committee has been informed that this amending Directive, if adopted, will have no major implications for Irish industry over and above the responsibilities which the present measures place on relevant manufacturers and retailers. Indeed, if anything, it could be said that it would lessen their burden owing to the confining nature of the substantive amendments to the original proposal. The Joint Committee, accordingly, welcomes the proposed Directive.

(Signed) ALEXIS FITZGERALD,

Chairman of the Joint Committee.

13th May, 1981.