Expanded EU Textile Labeling Rules Apply from May 2012

(See ITT's Online Archives 11080503, 11071931 and 11051325 for previous summaries of this regulation at various prior stages of adoption.)

Regulation to Consolidate and Expand on 3 Existing Textile Directives

This Regulation aims to reinforce legal clarity by replacing the following three directives: (1) Directive 73/44/EEC of February 1973 on the quantitative analysis of ternary fiber mixtures; (2) Directive 96/73/EC of December 1996 on certain methods of quantitative analysis of binary textile fiber mixtures; and (3) 2008/121/EC of January 2009 on textile names. The EU Parliament and EU Council state that these directives have been amended several times, and since further amendments are to be made, they should be replaced by a single legal instrument.

Will Apply in May 2012 with Limited Transitional Provision

The Regulation will enter into force on November 7, 2011 and will apply from May 8, 2012. There is also a limited transitional provision which states that textile products that comply with Directive 2008/121/EC of 2009 and are placed on the market before May 8, 2012, may continue to be made available on the market until November 9, 2014.

The following are highlights of the consolidated and expanded Regulation (See regulation for full details):

Applies to Textile Products, Including Apparel, Furniture, Floor Coverings, Etc.

This consolidated and expanded Regulation will apply to the following:

• textile products when made available on the EU market;
• products containing at least 80% by weight of textile fibers;
• furniture, umbrella and sunshade coverings containing at least 80 % by weight of textile components;
• the textile components of (i) the upper layer of multi-layer floor coverings, (ii) mattress coverings, and (iii) coverings of camping goods, provided such textile components constitute at least 80 % by weight of such upper layers or coverings; and
• textiles incorporated in other products and forming an integral part thereof, where their composition is specified.

Only Products Composed of the Same Fiber May be Marked "100%," "Pure," "All"

Only textile products exclusively composed of the same fiber may be labeled or marked as "100%", "pure" or "all." These or similar terms cannot be used for other textile products.

A textile product containing no more than 2% by weight of extraneous fibers may also be treated as exclusively composed of the same fiber, and a textile product which has undergone a carding process may also be treated as exclusively composed of the same fiber if it contains no more than 5 % by weight of extraneous fibers, provided these quantities are justified as being technically unavoidable in good manufacturing practice and are not added as a matter of routine.

Multi-Fiber Products Must be Labeled with Fiber Names & Percentages by Weight

A multi-fiber textile product must be labeled or marked with the name and percentage by weight of all constituent fibers in descending order. A fiber which accounts for up to 5% of the total weight of the textile product, or fibers 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 fibers," immediately preceded or followed by their total percentage by weight.

For textile products the composition of which is hard to state at the time of their manufacture, the term "mixed fibers" or "unspecified textile composition" may be used. Fibers not yet listed in Annex I may be designated by the term "other fibers," immediately preceded or followed by their total percentage by weight.

Only Listed Fiber Names Can Be Used, but Mfrs Can Apply to Add Names to List

Only the textile fiber names listed in Annex I of the Regulation can be used for the description of fiber compositions on labels and markings of textile products. However, any manufacturer or any person acting on a manufacturer's behalf may apply to the European Commission to add a new textile fiber name to the list set out in Annex I. The application will need to include a technical file compiled in accordance with Annex II.

Among other things, it will be necessary for manufacturers, or other persons acting on their behalf, to include in the technical file available scientific information concerning possible allergic reactions or other adverse effects of the new textile fiber on human health.

Products Containing Non-Textile Parts of Animal Origin Must be Labeled as Such

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

Importers, Mfrs, & Distributors Will Have Obligations for Label Accuracy, Etc.

Manufacturers must ensure the supply of the label or marking and the accuracy of the information contained therein. If the manufacturer is not established in the EU, the importer shall ensure the supply of the label or marking and the accuracy of the information contained therein. Distributors will be considered manufacturers for the purposes of this Regulation if they place a product on the market under their name or trademark, attach the label themselves, or modify the content of the label.

Certain Textile Fiber Compositions Should be Indicated on Packaging, Etc.

Textile fiber composition descriptions referred to in Article 5 (on textile fiber names), Article 7 (on pure textile products), Article 8 (on fleece wool or virgin wool products), and Article 9 (on multi-fiber textile products) should 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 in size, style and font. This information should be clearly visible to the consumer before the purchase, including in cases where the purchase is made by electronic means.

EC to Report on Origin, Care, & Electronic Labeling, Etc. by 2013

By September 30, 2013, the European Commission will have to submit a report to the EU Parliament and EU Council on possible new labeling requirements to be introduced in the EU. The report will need to examine the following issues:

• an origin labeling 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 harmonized care labeling system;
• a Union-wide uniform size labeling system for relevant textile products;
• an indication of allergenic substances;
• electronic labeling and other new technologies, and the use of language-independent symbols or codes for the identification of fibers.

(The European Commission will also have to submit a report to the EU Parliament and EU Council on the application of this Regulation by November 8, 2014.)

Will Study Allergic Reactions & Chemical Substances in Textile Products

The Commission will also be 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. On the basis of that study, the Commission will, where appropriate, submit legislative proposals in the context of existing EU legislation.