Regulation (EU) No 1007/2011 of the European Parliament and of the CouncilShow full title

CHAPTER 2 TEXTILE FIBRE NAMES AND RELATED LABELLING AND MARKING REQUIREMENTS

Article 5 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 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

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 Fleece wool or virgin wool products

1. A textile product may be labelled or marked by one of the names set out in Annex III 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 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.

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.

Article 9 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 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.

3. In the case of the products referred to in Article 9(4), 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.

Article 11 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 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 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

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 Article 1 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts(1).

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.

Article 15 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 the Union, the importer 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.

Article 16 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.

3. The labelling or marking shall be provided in the official language or languages of the Member State on the territory of which the textile products are made available to the consumer, unless the Member State concerned provides otherwise.

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

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.

(1)

OJ L 134, 30.4.2004, p. 114.