Regulation (EU) No 1007/2011 of the European Parliament and of the CouncilDangos y teitl llawn

CHAPTER 1 U.K. GENERAL PROVISIONS

Article 1 U.K. 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 U.K. Scope

1. This Regulation shall apply to textile products when made available on the [F1 market in Great Britain] and to the products referred to in paragraph 2.

2. 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.

3. This Regulation shall not apply to textile products which are contracted out to persons working in their own homes or to independent firms that carry out work from materials supplied without the property therein being transferred for consideration.

4. This Regulation shall not apply to customised textile products made up by self-employed tailors.

Textual Amendments

F1 Words in Art. 2 substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(2) (as amended by S.I. 2020/1347, regs. 1(3), 7(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 3 U.K. Definitions

1. 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.

2. For the purposes of this Regulation, the definitions of ‘making available on the market’, ‘placing on the market’, ‘manufacturer’, F2 ... ‘distributor’, ‘economic operators’, F2 ... ‘market surveillance’ and ‘market surveillance authority’ set out in Article 2 of Regulation (EC) No 765/2008 shall apply.

Textual Amendments

F2 Words in Art. 2 substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(3) (as substituted by S.I. 2020/1347, regs. 1(3), 7(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 4 U.K. 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 U.K. TEXTILE FIBRE NAMES AND RELATED LABELLING AND MARKING REQUIREMENTS

Article 5 U.K. Textile fibre names

1. Only the textile fibre names listed in Annex I shall be used for the description of fibre compositions on labels and markings of textile products.

2. Use of the names listed in Annex I shall be reserved for textile fibres the nature of which corresponds to the description set out in that Annex.

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 U.K. Applications for new textile fibre names

Any manufacturer or any person acting on a manufacturer's behalf may apply to the [F3 Secretary of State] 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.

Textual Amendments

F3 Words in Art. 6 substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 7 U.K. Pure textile products

1. Only textile products exclusively composed of the same fibre may be labelled or marked as ‘100 %’, ‘pure’ or ‘all’.

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

2. Without prejudice to Article 8(3), a textile product containing no more than 2 % by weight of extraneous fibres may also be treated as exclusively composed of the same fibre, provided this quantity is justified as being technically unavoidable in good manufacturing practice and is not added as a matter of routine.

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 U.K. Fleece wool or virgin wool products

1. A textile product may be labelled or marked [F4 ‘fleece wool’ or ‘virgin wool’] provided it is composed exclusively of a wool fibre which has not previously been incorporated in a finished product, which has not been subjected to any spinning and/or felting processes other than those required in the manufacture of that product, and which has not been damaged by treatment or use.

2. By way of derogation from paragraph 1, the names [F5 ‘fleece wool’ or ‘virgin wool’] 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.

3. The extraneous fibres in the products referred to in paragraphs 1 and 2, including wool products which have undergone a carding process, shall not exceed 0,3 % by weight, shall be justified as being technically unavoidable in good manufacturing practice and shall not be added as a matter of routine.

Textual Amendments

F4 Words in Art. 8(1) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(5)(a); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 8(2) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 9 U.K. Multi-fibre textile products

1. A textile product shall be labelled or marked with the name and percentage by weight of all constituent fibres in descending order.

2. By way of derogation from paragraph 1, and without prejudice to Article 7(2), 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.

3. Products having a pure cotton warp and a pure flax weft, in which the percentage of flax accounts for at least 40 % of the total weight of the unsized fabric may be given the name ‘cotton linen union’ which must be accompanied by the composition specification ‘pure cotton warp — pure flax (or linen) weft’.

4. Without prejudice to Article 5(1), for textile products the composition of which is hard to state at the time of their manufacture, the term ‘mixed fibres’ or the term ‘unspecified textile composition’ may be used on the label or marking.

5. By way of derogation from paragraph 1 of this Article, 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.

Article 10 U.K. Decorative fibres and fibres with antistatic effect

1. Visible, isolable fibres which are purely decorative and do not exceed 7 % of the weight of the finished product do not have to be taken into account in the fibre compositions provided for in Articles 7 and 9.

2. Metallic fibres and other fibres which are incorporated in order to obtain an antistatic effect and which do not exceed 2 % of the weight of the finished product do not have to be taken into account in the fibre compositions provided for in Articles 7 and 9.

[X1 3. In the case of the products referred to in Article 9(3), the percentages provided for in paragraphs 1 and 2 of this Article shall be calculated on the weight of the warp and that of the weft separately.]

Editorial Information

X1 Substituted by Corrigendum 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 (Official Journal of the European Union L 272 of 18 October 2011).

Article 11 U.K. Multi-component textile products

1. Any textile product containing two or more textile components which have different textile fibre contents shall bear a label or marking stating the textile fibre content of each component.

2. 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.

3. Where two or more textile products have the same fibre content and normally form a single unit, they may bear only one label or marking.

Article 12 U.K. Textile products containing non-textile parts of animal origin

1. 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 products containing such parts whenever they are made available on the market.

2. The labelling or marking shall not be misleading and shall be carried out in such a way that the consumer can easily understand.

Article 13 U.K. 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 U.K. Labels and markings

1. Textile products shall be labelled or marked to give an indication of their fibre composition whenever they are made available on the market.

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

2. Without prejudice to paragraph 1, labels or markings may be replaced or supplemented by accompanying commercial documents when the products are being supplied to economic operators within the supply chain, or when they are delivered in performance of an order placed by any contracting authority as defined in [F6 Article 2 of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC].

3. The textile fibre names and descriptions of fibre compositions referred to in Articles 5, 7, 8 and 9 shall be clearly indicated in the accompanying commercial documents referred to in paragraph 2 of this Article.

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.

Textual Amendments

F6 Words in Art. 14(2) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 15 U.K. Obligation to supply the label or marking

1. When placing a textile product on the market, the manufacturer shall ensure the supply of the label or marking and the accuracy of the information contained therein. If the manufacturer is not established in [F7 Great Britain], [F8 the person placing the textile product on the market in Great Britain] shall ensure the supply of the label or marking and the accuracy of the information contained therein.

2. A distributor shall be considered a manufacturer for the purposes of this Regulation where he places a product on the market under his name or trademark, attaches the label himself or modifies the content of the label.

3. When making a textile product available on the market, the distributor shall ensure that textile products bear the appropriate labelling or marking prescribed by this Regulation.

4. The economic operators referred to in paragraphs 1, 2 and 3 shall ensure that any information supplied when textile products are made available on the market cannot be confused with the textile fibre names and the descriptions of fibre compositions, as laid down by this Regulation.

Textual Amendments

F7 Words in Art. 15(1) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(7)(a) (as substituted by S.I. 2020/1347, regs. 1(3), 7(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 15(1) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(7)(b) (as substituted by S.I. 2020/1347, regs. 1(3), 7(2)(c)); 2020 c. 1, Sch. 5 para. 1(1)

Article 16 U.K. The use of textile fibre names and fibre composition descriptions

1. When making a textile product available on the market, the textile fibre composition descriptions referred to in Articles 5, 7, 8 and 9 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. This information shall be clearly visible to the consumer before the purchase, including in cases where the purchase is made by electronic means.

2. Trade marks or the name of the undertaking may be given immediately before or after textile fibre composition descriptions referred to in Articles 5, 7, 8 and 9.

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.

[F9 3. Subject to paragraph 4, the labelling or marking must be provided in English.

4. Textile products which comply with Article 16(3) of Regulation (EU) No 1007/2011 as it applies in the European Union and which are placed on the market in Great Britain before IP completion day, may continue to be made available on the market in Great Britain during the period of two years beginning with IP completion day.]

Textual Amendments

F9 Art. 16(3)(4) substituted for Art. 16(3) (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(8) (as amended by S.I. 2020/1347, regs. 1(3), 7(2)(d)); 2020 c. 1, Sch. 5 para. 1(1)

Article 17 U.K. Derogations

1. The rules laid down in Articles 11, 14, 15 and 16 shall be subject to the derogations provided for in paragraphs 2, 3 and 4 of this Article.

2. The indication of textile fibre names or fibre composition on the labels and markings of textile products listed in Annex V is not required.

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.

3. Where textile products listed in Annex VI are of the same type and fibre composition, they may be made available on the market together with an inclusive labelling.

4. The fibre composition of textile products sold by the metre may be shown on the length or roll made available on the market.

5. The textile products referred to in paragraphs 3 and 4 shall be made available on the market in such a way that the fibre composition of those products is made known to each purchaser in the supply chain, including the consumer.

CHAPTER 3 U.K. MARKET SURVEILLANCE

Article 18 U.K. 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 U.K. Determination of fibre composition

1. For the purpose of determining the fibre composition of textile products, the checks referred to in Article 18 shall be carried out in accordance with the methods set out in Annex VIII F10 ....

2. In the determination of fibre compositions set out in Articles 7, 8 and 9, the items listed in Annex VII shall not be taken into account.

3. The fibre compositions set out in Articles 7, 8 and 9 shall be determined by applying to the anhydrous mass of each fibre the appropriate agreed allowance laid down in Annex IX, after having removed the items set out in Annex VII.

4. The laboratories responsible for the testing of textile mixtures for which there is no uniform method of analysis [F11 in Great Britain] shall determine the fibre composition of such mixtures, indicating in the analysis report the result obtained, the method used and its degree of accuracy.

Textual Amendments

F10 Words in Art. 19(1) omitted (31.12.2020) by virtue of The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 19(4) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(9)(b) (as amended by S.I. 2020/1347, regs. 1(3), 7(2)(e)); 2020 c. 1, Sch. 5 para. 1(1)

Article 20 U.K. Tolerances

1. For the purposes of establishing the fibre composition of textile products, the tolerances laid down in paragraphs 2, 3 and 4 shall apply.

2. 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.

3. 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.

4. The cumulative application of the tolerances referred to in paragraphs 2 and 3 shall be permitted only if any extraneous fibres found by analysis, when applying the tolerance referred to in paragraph 2, prove to be of the same chemical type as one or more of the fibres shown on the label or marking.

5. In the case of particular textile products for which the manufacturing process requires tolerances higher than those laid down in paragraphs 2 and 3, the [F12 Secretary of State] may authorise higher tolerances.

Prior to placing the textile product on the market, the manufacturer shall submit a request for authorisation by the [F12 Secretary of State] 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.

[F13 The Secretary of State may prescribe, by regulations] in accordance with Article 22, technical criteria and procedural rules for the application of this paragraph.

Textual Amendments

F12 Words in Art. 20(5) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(10)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 20(5) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(10)(b); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 4 U.K. FINAL PROVISIONS

Article 21 U.K. [F14 Power to make regulations]

1. [F15 The Secretary of State may by regulations make provision] the adoption of technical criteria and procedural rules for the application of Article 20(5), amendments to Annexes II, IV, V, VI, VII, VIII and IX, in order to take account of technical progress, and amendments to Annex I in order to include, pursuant to Article 6, new textile fibre names in the list set out in that Annex.

F16 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Words in Art. 21 heading substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(11)(a); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 21(1) substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(11)(b); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 21(2) omitted (31.12.2020) by virtue of The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(11)(c); 2020 c. 1, Sch. 5 para. 1(1)

[F17 Article 22 U.K. Exercise of the power to make regulations

The power to make regulations under Articles 20(5) and 21 is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of  Parliament.]

Textual Amendments

F17 Art. 22 substituted (31.12.2020) by The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(12); 2020 c. 1, Sch. 5 para. 1(1)

F18 Article 23 U.K. Reporting

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Textual Amendments

F18 Art. 23 omitted (31.12.2020) by virtue of The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(13); 2020 c. 1, Sch. 5 para. 1(1)

F19 Article 24 U.K. Review

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Textual Amendments

F19 Art. 24 omitted (31.12.2020) by virtue of The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(13); 2020 c. 1, Sch. 5 para. 1(1)

F20 Article 25 U.K. Study on hazardous substances

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Textual Amendments

F20 Art. 25 omitted (31.12.2020) by virtue of The Textile Products (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1398), regs. 1, 3(13); 2020 c. 1, Sch. 5 para. 1(1)

Article 26 U.K. 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 U.K. 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 U.K. 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.