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 Text with EEA relevance

CHAPTER 1

GENERAL PROVISIONS

Article 1

Subject matter

This 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 and rules concerning the determination of the fibre composition of textile products by quantitative analysis of binary and ternary textile fibre mixtures, with a view to improving the functioning of the internal market and to providing accurate information to consumers.

Article 2

Scope

For the purposes of this Regulation, the following products shall be treated in the same way as textile products:

(a) products containing at least 80 % by weight of textile fibres;

(b) furniture, umbrella and sunshade coverings containing at least 80 % by weight of textile components;

(c) the textile components of: (i) the upper layer of multi-layer floor coverings; (ii) mattress coverings; (iii) coverings of camping goods; provided such textile components constitute at least 80 % by weight of such upper layers or coverings;

(d) textiles incorporated in other products and forming an integral part thereof, where their composition is specified.

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a) ‘textile product’ means any raw, semi-worked, worked, semi-manufactured, manufactured, semi-made-up or made-up product which is exclusively composed of textile fibres, regardless of the mixing or assembly process employed;

(b) ‘textile fibre’ means either of the following: (i) a unit of matter characterised by its flexibility, fineness and high ratio of length to maximum transverse dimension, which render it suitable for textile applications; (ii) a flexible strip or tube, of which the apparent width does not exceed 5 mm, including strips cut from wider strips or films, produced from the substances used for the manufacture of the fibres listed in Table 2 of Annex I and suitable for textile applications;

(c) ‘apparent width’ means the width of the strip or tube when folded, flattened, compressed or twisted, or the average width where the width is not uniform;

(d) ‘textile component’ means a part of a textile product with an identifiable fibre content;

(e) ‘extraneous fibres’ means fibres other than those stated on the label or marking;

(f) ‘lining’ means a separate component used in making up garments and other products, consisting of a single layer or multiple layers of textile material held in place along one or more of the edges;

(g) ‘labelling’ means affixing the required information to the textile product by way of attaching a label;

(h) ‘marking’ means indicating the required information directly on the textile product by way of sewing, embroidering, printing, embossing or any other technology of application;

(i) ‘inclusive labelling’ means the use of a single label for several textile products or components;

(j) ‘disposable product’ means a textile product designed to be used only once or for a limited time, and the normal use of which is not intended for subsequent use for the same or a similar purpose;

(k) ‘agreed allowance’ means the value of moisture regain to be used in the calculation of the percentage of fibre components on a clean, dry mass basis, with adjustment by conventional factors.

Article 4

General requirement on the making available on the market of textile products

Textile products shall only be made available on the market provided that such products are labelled, marked or accompanied with commercial documents in compliance with this Regulation.

CHAPTER 2

TEXTILE FIBRE NAMES AND RELATED LABELLING AND MARKING REQUIREMENTS

Article 5

Textile fibre names

The names listed in Annex I shall not be used for other fibres, whether on their own or as a root or as an adjective.

The term ‘silk’ shall not be used to indicate the shape or particular presentation in continuous filament yarn of textile fibres.

Article 6

Applications for new textile fibre names

Any manufacturer or any person acting on a manufacturer's behalf may apply to the Commission to add a new textile fibre name to the list set out in Annex I.

The application shall include a technical file compiled in accordance with Annex II.

Article 7

Pure textile products

Those or similar terms shall not be used for other textile products.

A textile product which has undergone a carding process may also be treated as exclusively composed of the same fibre if it contains no more than 5 % by weight of extraneous fibres, provided this quantity is justified as being technically unavoidable in good manufacturing practice and is not added as a matter of routine.

Article 8

Fleece wool or virgin wool products

By way of derogation from paragraph 1, the names listed in Annex III may be used to describe wool contained in a textile fibre mixture if all the following conditions are met:

(a) all the wool contained in that mixture satisfies the requirements defined in paragraph 1;

(b) such wool accounts for not less than 25 % of the total weight of the mixture;

(c) in the case of a scribbled mixture, the wool is mixed with only one other fibre.

The full percentage composition of such mixture shall be given.

Article 9

Multi-fibre textile products

Article 10

Decorative fibres and fibres with antistatic effect

Article 11

Multi-component textile products

The labelling or marking referred to in paragraph 1 shall not be compulsory for textile components when the following two conditions are fulfilled:

(a) those components are not main linings; and

(b) those components represent less than 30 % of the total weight of the textile product.

Article 12

Textile products containing non-textile parts of animal origin

Article 13

Labelling and marking of textile products listed in Annex IV

The fibre composition of textile products listed in Annex IV shall be indicated in accordance with the labelling and marking provisions set out in that Annex.

Article 14

Labels and markings

The labelling and marking of textile products shall be durable, easily legible, visible and accessible and, in the case of a label, securely attached.

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

Article 15

Obligation to supply the label or marking

Article 16

The use of textile fibre names and fibre composition descriptions

However, where a trade mark or a name of an undertaking contains, on its own or as a root or as an adjective, one of the textile fibre names listed in Annex I or a name liable to be confused therewith, such trade mark or name shall be given immediately before or after the textile fibre composition descriptions referred to in Articles 5, 7, 8 and 9.

Other information shall be always displayed separately.

In the case of bobbins, reels, skeins, balls or other small quantities of sewing, mending and embroidery yarns, the first subparagraph shall apply to the inclusive labelling referred to in Article 17(3). Whenever these products are individually sold, they may be labelled or marked in any of the official languages of the institutions of the Union, provided they are also inclusively labelled.

Article 17

Derogations

However, where a trade mark or name of an undertaking contains, on its own or as a root or as an adjective, one of the names listed in Annex I or a name liable to be confused therewith, Articles 11, 14, 15 and 16 shall apply.

CHAPTER 3

MARKET SURVEILLANCE

Article 18

Market surveillance checks

Market surveillance authorities shall carry out checks on the conformity of the fibre composition of textile products with the supplied information related to the fibre composition of those products in accordance with this Regulation.

Article 19

Determination of fibre composition

Article 20

Tolerances

Without prejudice to Article 8(3), the presence of extraneous fibres in the fibre composition to be provided in accordance with Article 9 does not need to be indicated if the percentage of those fibres does not reach the following values:

(a) 2 % of the total weight of the textile product, provided this quantity is justified as being technically unavoidable in good manufacturing practice and is not added as a matter of routine; or

(b) 5 % of the total weight in the case of textile products which have undergone a carding process, provided this quantity is justified as being technically unavoidable in good manufacturing practice and is not added as a matter of routine.

A manufacturing tolerance of 3 % shall be permitted between the stated fibre composition to be provided in accordance with Article 9 and the percentages obtained from analysis carried out in accordance with Article 19, in relation to the total weight of fibres shown on the label or marking. Such tolerance shall also apply to the following:

(a) fibres which may be designated by the term ‘other fibres’ in accordance with Article 9;

(b) the percentage of wool referred to in point (b) of Article 8(2).

For the purposes of the analysis, the tolerances shall be calculated separately. The total weight to be taken into account in calculating the tolerance referred to in this paragraph shall be that of the fibres of the finished product less the weight of any extraneous fibres found when applying the tolerance referred to in paragraph 2 of this Article.

Prior to placing the textile product on the market, the manufacturer shall submit a request for authorisation by the Commission providing sufficient reasons for and evidence of the exceptional manufacturing circumstances. The authorisation may only be granted in exceptional cases and where adequate justification is provided by the manufacturer.

If appropriate, the Commission shall adopt, by means of delegated acts in accordance with Article 22, technical criteria and procedural rules for the application of this paragraph.

CHAPTER 4

FINAL PROVISIONS

Article 21

Delegated acts

Article 22

Exercise of the delegation

Article 23

Reporting

By 8 November 2014, 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.

Article 24

Review

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

(a) 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;

(b) a harmonised care labelling system;

(c) a Union-wide uniform size labelling system for relevant textile products;

(d) an indication of allergenic substances;

(e) electronic labelling and other new technologies, and the use of language-independent symbols or codes for the identification of fibres.

Article 25

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.

Article 26

Transitional provision

Textile products which comply with Directive 2008/121/EC and which are placed on the market before 8 May 2012 may continue to be made available on the market until 9 November 2014.

Article 27

Repeal

Directives 73/44/EEC, 96/73/EC and 2008/121/EC are hereby repealed with effect from 8 May 2012.

References to the repealed Directives shall be construed as references to this Regulation and shall be read in accordance with the correlation tables in Annex X.

Article 28

Entry into force

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

It shall apply from 8 May 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

List of textile fibre names

(referred to in Article 5)