Explanatory Memorandum to COM(2009)31 - Textile names and related labelling of textile products - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2009)31 - Textile names and related labelling of textile products. |
|---|---|
| source | COM(2009)31  |
| date | 30-01-2009 |
The idea for a revision of Textile Names legislation came to light in recent years as a result of the experience developed with regular technical amendments to introduce new fibre names into the existing Directives. This experience has shown that there was scope to simplify the existing legal framework with potential positive impacts for private stakeholders and public administrations. Thus, the revision of this legislation aims at simplifying and improving the existing regulatory 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.
In addition, the proposed revision will also enhance the transparency of the process to add new fibres to the list of harmonised fibre names. At the same time, it will introduce more flexibility to adapt legislation in order to keep up with the needs of the technological developments expected in the textiles industry.
It is not an objective of the revision 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 revision of EU legislation on Textile Names and Labelling i was announced in 2006 in the “First progress report on the strategy for the simplification of the regulatory environment” i and was included in the Commission Legislative and Work Programme for 2008.
Contents
- 2. Consultation of interested parties
- 3. Impact assessment
- 4. Legal basis and subsidiarity
- 5.1. Facilitating the legislative process to adapt legislation to technical progress
- 5.1.1. Transforming Directive 96/74/EC into a Regulation
- 5.1.2. Repealing Directives on methods and transforming them into a technical annex
- 5.2.1. Minimum requirements of applications for a new fibre name
- 5.2.2. Report on the implementation of the Regulation
- 5.3. Other changes
Due to the limited scope of this revision, a targeted consultation of interested parties was conducted. A wide range of stakeholders participated in the consultation process: industry and retail associations, trade unions, consumer organisations, European standardisation bodies, as well as national administrations i.
Stakeholders and Member States representatives were invited to present their views, suggestions and proposals during a period going from January to August 2008, in the framework of the meetings organized by the Commission services and in writing.
Stakeholders are of the opinion that introducing new fibre names in the European legislation is important to promote innovation in the European industry and from the perspective of consumer's information. However, the political content of technical amendments to Textile Names legislation does not justify the heavy procedures and costs involved in the transposition of a Directive; therefore, a lighter legislative solution should be used.
Results of the consultation process are available in the Impact Assessment report and its annexes.
Based on the results of the stakeholder consultation and on the study “Simplification of EU legislation in the field of Textile Names and Labelling – an Impact Assessment of policy options” i, the Commission carried out an impact assessment of the various policy options to achieve the objectives set out above.
The Impact Assessment Board of the European Commission assessed the draft version of the impact assessment report prepared by the relevant service and approved it subject to some modifications i.
Analysis and comparison of the various options and their impact lead to the following conclusions:
- The inclusion of guidance on the contents of the application file and the recognition of laboratories to assist companies in compiling the file show potential benefits if they result in the submission of application files more in line with the requirements of the Commission services. This could bring significant time savings for both industry and public authorities.
- The greatest benefits for industry 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. This means savings in administrative costs and earlier realisation of revenue from sale of the fibre.
- The greatest benefits to Member State authorities result from replacing the Directives with a Regulation, because they would no longer need to transpose the amendments into national legislation. This could generate significant cost savings to Member States.
- The revision will retain the benefits for consumers of certainty that the named fibres meet specified characteristics. Consumers may also gain additional benefits from new fibres reaching the market earlier.
EU legislation on Textile Names and Labelling is based on Article 95 of the EC Treaty. It aims at establishing an internal market for textile products while ensuring that consumer receive appropriate information.
Member States recognised in the 1970’s the need for harmonization of Community legislation in the area of textile names. Different (non-harmonised) textile fibre names in the EU Member States would create a technical barrier to trade in the Internal Market. In addition, consumer interests would be better protected if the information provided in this area is the same within the Internal Market.
The current proposal does not modify the political balance between Member States and EU. A Committee is foreseen to assist the Commission and give an opinion on the implementing measures proposed to amend the regulation, following the rules of a regulatory committee with scrutiny. This is the case today with existing Directives.
5. Main elements of the proposal and changes to existing legislation on textile names and labelling.
The main changes to the existing legislation can be summarised as follows:
EU legislation on textile names and labelling needs to be adapted every time a new fibre name is added to the list of harmonised names; such changes are of merely technical nature and can be introduced more simply in the form of a Regulation, reducing thus the administrative burden for national authorities.
Quantification methods are an essential instrument to allow for the verification of the information provided in the composition label, which also requires update to take account of new fibre names. Given their detailed technical content, the adaptation of such uniform methods is better addressed in the form of annexes to the main Regulation. Therefore, Article 22 repeals Directives 96/73/EC and 73/44/EEC and the proposed Regulation includes an Annex VIII, laying down uniform methods used for official tests.
5.2. Shortening the time between the submission of an application and the adoption of the new fibre name.
In 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.
A new Article (Article 6) establishes 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.
Article 21 foresees a report on the implementation of the Regulation, to be drawn up by the Commission after a period of 5 years. The report 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.
Apart from the amendments set out under points 5.1 and 5.2, the text of existing legislation has been revised in line with recent legislative standards to facilitate its direct applicability and to ensure that citizens, economic operators and public authorities can readily identify their rights and obligations.
The substantive changes made in the proposal are the following:
- Article 1 introduces the subject matter of the regulation
- Article 3 includes additional definitions
- Article 4 sets out general obligations to market textile products
- Article 11 i states explicitly the responsibility of economic operators to supply the label and for the information contained therein
- Article 14 on special provisions refers to a technical Annex, which defines detailed rules for certain textile products
- Similarly, article 16 on items excluded from the determination of the fibre percentage refers to a technical annex
- Article 17 sets out market surveillance provisions
- Article 18 specifies the extraneous fibre and manufacturing tolerances
6. Ongoing amendment of textile directives.
In 2006, the Commission services received and application to add the new fibre name “melamine” to the Annexes of Directive 96/74/EC. At exploratory, technical working group meetings with experts from Member States there was a consensus that the application is technically sound. It is therefore appropriate to adapt Directives 96/74/EC and 96/73/EC to technical progress.
Directives 96/74/EC and 96/73/EC will thus be amended in order to include the new fibre name “melamine” in their technical Annexes. According to Article 16 i of Directive 96/74/EC and Article 5 i of Directive 96/73/EC, additions to Annexe I and II of Directive 96/74/EC and additions and amendments to Annex II of Directive 96/73/EC shall be made by the Commission in accordance with the opinion of the Committee for Directives on Textile Names and Labelling.
It is envisaged that the Commission consults the Committee while the present proposal for a new Regulation is following the legislative procedure of adoption in the Council and the European Parliament. It is foreseen that the new fibre “melamine” is added to the Annexes of the Directives after the Committee delivers a favourable opinion on the proposal of the Commission. In order to avoid unnecessary delays and additional amendments, it is thus appropriate that the new Regulation includes the new fibre in brackets [melamine], subject to the favourable opinion of the Committee.