1 / 14  
COMMISÂO DA CEDEAO  
ECOWAS COMMISSION   COMMISSION DE LA CEDEAO  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
REGULATION C/REG.XX/YY/ZZ ON THE MARKETING OF 
CHILDREN'S TEXTILES  
  
2 / 14 THE COUNCIL OF MINISTERS,  
 
HAVING REGARD to Articles 9, 10, 11 and 12 of the ECOWAS Treaty as amended, establishing the 
Council of Ministers and defining its composition and functions  ; 
 
HAVING REGARD to Article 26 of the Revised ECOWAS Treaty signed in Cotonou on 24 July 1993 
which stipul ates that Member States agree to harmonize and coordinate their industrialization 
policies with a view to promoting industrial development and integration of their economies  ; 
 
HAVING REGARD to the provisions of Article 26 (3) of that Treaty, in particular  point L thereof, 
which commits Member States to adopt common standards and adequate quality control systems 
in order to create a solid basis for industrialization and promote collective self -reliance  ; 
 
HAVING REGARD to the Additional Act AlSA.2/07/10 on the adoption of the Common Industrial 
Policy for West Africa (PICAO) and its action plan ; 
 
HAVING REGARD to Regulation C/REG.14/12/12 of 2 December 2012 adopting procedures for 
the harmonisation of ECOWAS regulations  ; 
 
HAVING REGARD to Regulation C/REG.1 9/12/13 on the adoption of the ECOWAS regional quality 
infrastructure framework ; 
 
HAVING REGARD to Regulation C/REG.9/06/17 on the organisation and functioning of the 
Community Committee on Technical Regulations  ; 
 
WHEREAS, in accordance with the provisio ns of Regulation C/REG. 14/12/12 of 02 December 
2012 approving the procedures for harmonization of ECOWAS regulations, it is necessary to 
establish regulations to ensure that each importer of children's garments for marketing in 
ECOWAS Member States compli es with the safety obligations of the garments, labelling 
requirements and ECOWAS rules on packaging and also, that the children's garment does not 
contain any chemical substance that could prove hazardous to health and the environment  ; 
 
NOTING that after  the meeting of the Technical Committee for the Harmonisation of Agricultural 
Products held from 2 to 7 March 2015, textile products have been selected for standardisation to 
facilitate trade not only within ECOWAS but also at the international level  ; 
 
EMPHASIZING that for the import for sale of children's germents in ECOWAS Member States, this 
technical regulation applies  ; 
 
CONSIDERING that the ISO/IEC Directives Part 2 define the basic procedures to be followed in the 
development of International Standa rds and other international publications  ;  
 
CONSIDERING that International Standard EN ISO 11612 specifies performance requirements for 
articles of garment made with flexible materials and designed to protect the human body against 
heat and/or flame  ; 
 
WHEREAS ISO/TR 9240:1992 specifies for textiles: the design of garments for the reduction of 
fire risk  ; 
 
CONSIDERING that standard EN 14878 "Textiles - Burning behaviour of children's nightwear", 
ensures that garments have sufficient fire resistance and that standard EN 14682 "Safety of 3 / 14 children's clothing" relates to the design of cords, strings and ribbons,  in order to avoid the risks 
of ingestion, choking, etc.  
 
CONSIDERING that standard EN 71 is derived from Directive 88/378/EEC on the safety of toys 
and that it lays down the requirements and describes the test methods to be taken into 
consideration during  the manufacture of textile toys, with the aim of reducing as far as possible 
the risks that are not obvious to users  ; 
 
DESIRING to establish a Common Market by proceeding, inter alia, to the harmonisation of 
Standards and to the elaboration of Conformity  Assessment Procedures and Measures in order to 
reduce Technical Barriers to Trade in the Member States  ;  
 
CONSIDERING that garment safety obligations, labelling requirements and packaging rules 
relating to the import for marketing of children's clothing in all ECOWAS Member States referred 
to in this Regulation is a means of protecting the environment and consumers  ; 
 
CONSIDERING that market surveillance for the purpose of consumer protection can only be 
achieved through an appropriate Community policy of  technical regulation;  
 
CONSIDERING that if each country develops its own technical requirements, these may constitute 
regional Technical Barriers to Trade  ; 
 
CONSIDERING that every effort should be made to prevent and eliminate all national policies that  
may constitute Technical Barriers to Regional Trade  ;  
 
ON THE RECOMMENDATION of the ECOWAS Meeting of Ministers in charge of Quality held in 
Abidjan, Côte d'Ivoire, on 21 April 201 7 ;  
 
ON RECOMMENDATION of the workshop of the Community Committee on Tech nical Regulations 
(ECOREG), held on 29 March 2021, 14 draft technical regulations on products/services from the 
four regional value chains: mango, cassava and cassava products, textiles and garments, and 
information and communication technology have been r etained for elaboration  ; 
  4 / 14 EDICTED  
 
CHAPTER I - GENERAL PROVISIONS  
 
ARTICLE 1: PURPOSE  
 
This technical regulation aims to ensure that each importer of children's garments for sale in 
ECOWAS Member States complies with the clothing safety obligations, labeling requirements and 
ECOWAS packaging rules and also, that the children's garments do not contain any chemical 
substance which could prove to be dangerous for health and t he environment.  
 
ARTICLE 2: SCOPE  
 
This draft technical regulation lays down the rules applicable to textile  garment  products intended 
for children, particularly when imported for the sale of children's clothing in ECOWAS Member 
States. Are thus likely to apply in particular: the general obligation of information, the general 
obligation of security, and the prohibition of fraud and deception, in particular as regards the 
origin and the composition of the products.  
 
 
ARTICLE 3: DEFINITIONS  
 
For the application of th is ECOWAS Technical Regulation, the following terms and expressions 
have the following meanings:  
 
3.1 cords  
accessories which are produced by combining or knitting yarns, are widely used in the textile 
industry and have a compression function in garment . These products are categorized into being 
knitted from polyester, cotton,  and other materials.  
 
3.2 risk  
more  or less foreseeable possible danger  
 
3.3 toy  
any product or material designed or clearly intended for use in play by children under the age of 
14. 
 
 
CHAPTER II –THE PRODUCT  
 
ARTICLE 3: THE MARKET  
 
3.1 The children's garments market has grown and diversified considerably in recent years. In the face 
of the notions of "durability" and solidity of the garment, the playful aspect influenced by fashion has 
become prominent. In addition, the growing importance of children in the family and the proportio n of 
the family budget devoted to their purchases have led to an increased demand in this area. This 
phenomenon has resulted in the appearance of new brands alongside the "traditional" brands and 
distributors and in a very significant diversification of pr oduct ranges. According to the prospects of 
population growth and future garment needs, the total number of pieces of children's garments1 sold in 
the ECOWAS region should increase.  
 5 / 14 3.2 Children's garment  is extremely heterogeneous: daywear and nightwear,  underwear, 
accessories (caps, mittens, hats, even belts, etc.). However, the risks presented by each are not 
exactly the same. In addition, other specific garment  (disguises, sports clothing such as judo 
kimono, football uniforms, etc.) is likely to be ap prehended through other categories (toys for 
example, with regard to disguises). Th is technical regulation do es not cover these specific 
garments.  
 
3.3 There is also a difference between garments  intended for babies (from 0 to 2 or 3 years old) 
and those i ntended for young children (up to 4/5 years old) or older children (up to 14 years old). 
The question then is whether the criteria used to achieve maximum safety are determined in 
relation to an age or to a stature, knowing that if the rules are fixed in r elation to a stature, this 
means that children of great size will wear adult clothing, which is not subject to the same 
standards. Segmentation is therefore necessary: the constraints cannot be the same for babies and 
adolescents. Thus, the standard for garment  cords sets different requirements depending on the 
age or even the size of the children. This is the case, for example, of drawstrings, functional or 
decorative short sleeves which must not exceed 75 mm for young children (up to 7 years) and 140 
mm f or older children and young people. Likewise, these cords are excluded from hoods and in 
the neck area of clothing intended for children under 7 years of age but permitted on clothing for 
older children, provided that they do not have free ends, loops prot ruding at maximum opening 
and that this loop does not exceed 150 mm at minimum opening.  
 
3.4 The heterogeneity of the market must also be due to the diversity of distribution methods. 
Alongside specialist brands, children's garment  is sold by generalist brands, by mail order, by 
mass distribution and "hard discount", sales areas selling products at prices generally below those 
normally practiced. They can also be covered by less supervised marketing channels: markets, the 
internet, etc. for which the tracking of goods is more delicate.  
 
3.5 Thus, the national authorities of ECOWAS Member States must provide specific guarantees in 
terms of the safety of textile -garment  products intended for children.  
 
ARTICLE 4: THE MANUFACTURING PROC ESS 
 
4.1 Whether manufactured nationally, regionally or abroad, directly by the manufacturer or 
subcontracted, garments must follow the same manufacturing processes . 
 
4.2 In summary, the different stages are as follows:  
– establishment by the client of a s tyle sketch considering  regulatory constraints, standards, and 
essential safety requirements;  
– establishment of a technical file which sets the manufacturing requirements according to these 
same constraints;  
– manufacture of the prototype, which must be validated by the client. This validation makes it 
possible to start manufacturing. It is carried out following checks relating not only to compliance 
with the model but also safety constraints (compliance with manufacturing standards) imposed 
by the client . 
 
4.3 At the end of manufacture, new checks must be carried out, which will determine the dispatch 
of the goods. These are random checks, carried out before sending the goods to their destination. 
If defects are found, the goods are not shipped. On arriva l at destination, new random checks take 
place, before distribution.  
Controls are carried out either by the manufacturer or by external offices located in the countries 
of manufacture (particularly in Asia).  
 6 / 14  
CHAPTER III – THE LEGAL FRAMEWORK  
 
Children's garment  is imperfectly covered by regulations, whether by regulatory texts or by 
standards.  
 
ARTICLE 5: LEGISLATIVE AND REGULATORY FRAMEWORK  
 
5.1 The national and regional legislative and regulatory framework are quite brief. Apart from the 
provisions gene rally applicable to products, few texts relate specifically to clothing and even less 
to children's garment . 
 
5.2 Are thus likely to apply in particular:  
 
– the general obligation of information and security;  
– the prohibition of fraud and deception, in pa rticular as regards the origin and composition of the 
products.  
 
5.3 Substances that can be used to treat garment  textiles include azo dyes. The content of heavy 
metals such as cadmium (coating on plastics) and nickel (the latter metal used in particular in 
zipper pullers) is regulated as follows: (give content specifications).  
 
5.4 The regulation of the presence of substances such as phthalates (intended to soften plastic) 
only concerns toys and childcare articles.  
 
5.5 the presence of formaldehyde (used in particular as a preservative and a smoothing agent), a 
proven allergen and classified as a probable carcinogen,  is strictly prohibited.  
 
ARTICLE 6: STANDARDS ON THE IMPORTATION OF CHILDREN GARMENT  INTO ECOWAS 
MEMBER STATES  
 
6.2 By importing children's garment  from the country of origin of the clothing, it is therefore not 
only necessary to pay customs duties, but also to ensure compliance with the regulations in force 
to sell these products. We therefore take stock of the import -export standards from the count ry 
of origin of the cl othing , so that each importer can be informed of the STANDARDS obligations, 
clothing safety, labeling requirements and the rules of the Member States. ECOWAS regarding 
packaging.  
 
6.3 ECOWAS Member States standards relating to securit y 
 
6.3.1 At the level of ECOWAS Member States, several rules must be respected for the marketing of 
garment  for babies and children, whether one is a manufacturer or an importer.  
 
6.3.2 To import textile products into an ECOWAS member country, you must first refer to the 
REACH regulation.  
 
6.3.3 It should apply to all imports of children's garment . This regulation aims in fact to ensure 
that the garment  does not contain any chemical substance which could prove to be dangerous for 
health and the environme nt. Among the SVHC (Substances of Very High Concern), substances of 
very high concern which are substances or groups of chemical substances that can cause harmful 
effects on humans and / or the environment, there is a list of more than 200 substances. 
Prohibited, the best known of which are:  7 / 14 •the lead ;  
•Mercury ;  
• nickel;  
• cadmium;  
• phthalate;  
• phenol.  
 
6.3.4 This list is regularly updated, creating more and more restrictions, in order to limit all the 
risks emanating from heavy metals, excessive quantities of dangerous substances, etc.  
 
6.3. There are also substances, possibly contained in textile fibers, which must be notified to a 
Chemicals Agency in each Member State via an online file. A list of these substances must also be 
available on the A gency's website. These are generally pure substances or mixtures which can be 
considered dangerous, and which must therefore be correctly identified and appear on the label 
of the product concerned.  
 
6.3.6 In addition, and still with regard to chemical sub stances, there is, for example, an 
independent label.  
 
6.3.7 In order to guarantee the conformity of the goods with this standard of the ECOWAS Member 
States, it is therefore imperative to have tests carried out in laboratories accredited by 
independent an d certifying bodies, before putting the garments on the market.  
 
6.4 Other garment -specific safety standards  
 
6.4.1 In addition to the regulations on prohibited and dangerous substances, there are also 
requirements relating to the safety of children's garment  such as:  
 
– the fire behavior of night wear guarantees that the garments have sufficient fire resistance. 
Flammability, specifically with regard to night wear (pajamas, sleepsuits, etc.), excluding 
underwear.  
– requirements relating to the design of cords, strings and ribbons, in order to avoid the risks of 
ingestion, choking, etc.  
– the requirements relating to instructions to ensure the safety of sleeping bags. These 
instructions mainly relate to these different points: the size of the neckline and the armhole of the 
sleeping bags. the nature of the buttons used and the absence of ornaments.  
 
Here again, specialized organizations can carry out tests, to certify the conformity of the product 
with the standards of ECOWAS or of the Member States.  
 
6.4.5  At the national level, a group should work within ECOWAS to elaborate  a standard for the 
safety of bedding items for young children, excluding bedding items; this therefore covers sleeping 
bags, bed bumpers, etc. It is essentially an adaptation of the req uirements of the NF EN 71 
standard relating to the safety of toys to the particularities of the child's nocturnal environment 
and the material used (textile).  
 
6.4.6 At the community level, the ECOWAS Standards Harmonization Committee (ECOSHAM) 
shall:  
 
• draw up a standard relating to the safety of children's garment  (0-36 months) with regard to 
fasteners (buttons, press studs, etc.). This work should be carried out on two age groups: 0 -6 
months and 6 -36 months; these groups are also defined in relation to the size of the children;  8 / 14  
• draw up a general guide on safety requirements, intended for designers, manufacturers, 
distributors, etc.; The approach must be based on the General Product Safety Directive and the 
requirements it sets out to identify related incidents and explain how to carry out a risk analysis.  
 
• Elaborate  a document (standard or guide) to address the problem of phthalate extraction in 
textile applications.  
 
6.4.8 More generally, a reflection should be made to draw up a specific standard on  the 
measurement of the levels of undesirable substances.  
 
6.5 Compulsory textile labeling  
 
6.5.1 Textile products, for both adults and children, must have specific marking, when 80% of the 
weight of the product is made up of textile fibres. For B2C “Busin ess to Consumer” sales, this 
marking takes the form of a label, which must be affixed to the product (usually sewn to the 
garment). In the case of a sale in B2B "Business to Business", it is possible to do without this 
labeling, but it will still be necess ary to attach a formal document containing the essential 
information on the textile used.  
The label must include several mandatory information and respect a certain formatting:  
 
• the composition of the fabric must be mentioned and include all the types of  textiles used for the 
manufacture, by mentioning them in descending order in relation to the share they occupy in the 
final fabric;  
• there is an official list of nearly 50 textile fibers that can appear on a garment  label (wool, silk, 
hemp, coconut, poly ester, etc.);  
• the label must include legible text and in uniform typography;  
• the composition of the garment must be clearly distinguished from the instructions relating to 
the maintenance of the product;  
• the information must be written in each of the  official languages relating to the countries in 
which the garment will be sold.  
 
6.5.2 It is also strongly advised to display the following information: country of 
origin/manufacture, label for the care of the garment and size. If these elements are not m ade 
mandatory by ECOWAS Member States, it is indeed possible that a national directive imposes 
them at the national level in one ECOWAS country, while they will not be necessary in another 
country  member.  
 
6.6 Packaging for children's garment  
 
The packaging must not contain heavy metals (directive 79/769 of July 27, 1976), so as not to 
contaminate the textile and have a minimal impact on the environment.  
The packaging must also have additional information about its recycling and possible reuse. The 
conformity marking and information relating to the product must also be found on the packaging.  
 
6.7 Risks of non -compliance with regulations for garment manufactured outside ECOWAS  
 
6.7.1 It is the responsibility of the importer, and not the manufacturer,  to ensure the conformity 
of children's garment  that he sells in ECOWAS Member States. It is therefore up to him to request 
laboratory tests, create the corresponding labels and check that everything is in order. On the 
contrary, it is unwise to rely on "o fficial" documents from the foreign supplier of textile products 9 / 14 indicating a so -called conformity of their products with ECOWAS standards. Relying on 
independent organizations remains the best way to protect yourself and protect consumers.  
 
6.7.2 If durin g a check (at customs for example), it is found that a garment does not meet all the 
obligations, the importer will simply see his goods seized. Whether or not the reseller is in good 
faith, no one is supposed to ignore the law, and he therefore also risks  heavy fines, from the first 
offense committed. The amount of the fine depends on the violation, but also on the country in 
which the goods were intended to be sold or were sold. Although there is coordination between 
ECOWAS Member States, each remains fre e to decide on the fine to be applied, which can range 
from a few thousand to several million in local currency.  
 
CHAPTER IV – RISK ASSESSMENT  
 
The very definition of children's garment  is quite fluctuating since, if this category includes 
children from 0 to 14 years old, as has already been observed, the risks are obviously not the same 
according to the age group.  
 
ARTICLE 7: THE DIFFERENT TYPES OF RISKS  
 
It is possible to classify the main types of risks into three categories: thermal, chemical and 
mechanical. These risks are of unequal importance.  
 
7.1 Thermal risk  
 
In the event of contact with a flame, the risk is that of the garment  igniting, likely to cause serious 
burns. At present, this risk is only taken into account for nightwear, through a standard. However, 
neither the accidentology nor the complaints or alerts of which the Consumer Safety Commission 
(CSC) or a similar structu re has been made aware have shown that this risk was significant.  
 
7.2 Chemical risks  
 
The presence in the garment of chemical substances (dyes, heavy metals) is linked to the 
treatments undergone by the textile material during its manufacturing process and during its use 
in the manufacture of the garment: dyes, anti -mold, anti - creasing (through the use of 
formaldehyde) etc., as well as decorative applications (phthalates); as for zippers or press studs, 
they are likely to contain nickel or lead. However , these substances, which sometimes remain in 
the textiles even after a few washes, can be absorbed by the mouth, by perspiration or even by 
inhalation. They can induce different types of risks: poisoning, even subsequent diseases 
(cancers) and especially irritations and allergies.  
 
Even if these chemical substances are generally eliminated during the successive washes to which 
the garment is subjected, they are indeed present when purchased.  
 
7.3 Mechanical risks  
 
Mechanical risks are essentially of two ty pes: suffocation and strangulation.  
 
Suffocation is mainly linked to the presence of detachable elements likely to be swallowed: press 
studs, buttons, zipper pullers, decorative accessories applied to the garment. The latter, especially 
by their shape and their colors, will constitute an attraction for the child who may be tempted to 
tear them off to put them in the mouth.  
 10 / 14 As for the risk of strangulation, linked to the presence of cords, it is taken into account by standard 
NF EN 14682 relating to cords a nd drawstrings.  
 
Ultimately, the mechanical risk is the main risk highlighted by the tests carried out at the request 
of the Consumer Safety Commission or a similar structure. The same observation could be made 
elsewhere.  
 
ARTICLE 8: LABORATORY TESTS  
 
8.1 The Consumer Safety Commission or a similar structure must entrust one or more 
independent laboratories with a series of analyzes intended to assess the listed risks concerning 
different products (underwear, pajamas, T -shirts, overalls, etc.) , acquired in  four types of 
distribution networks: top -of-the-range (brands), supermarket, mail order and “hard discount”. 
Clothes for example must be purchased in sizes ranging from newborn (45 cm) to 4 years (102 
cm), i.e. 45 pieces in total:  
• high -end brands: 3 paj amas, 3 bodysuits;  
• large area: 2 pajamas, 4 bodysuits, 5 T -shirts, 1 dress, 1 overall,  
• 1 waistcoat, 1 jacket;  
• mail order: 3 pajamas, 2 bodysuits, 5 T -shirts, 1  
• blouse, 1 short , 1 overalls;  
• “hard discount”: 3 pajamas, 3 bodysuits, 1 underpants, 3 T-shirts, 1 jacket.  
 
8.2 The tests must be carried out on the basis of decrees, directives or standards and must allow 
the following tests: examination of the cords, analysis of the composition, search for azo dyes, 
nickel release rate, cadmium dosage, pla sticizer dosage, fire resistance test.  
 
8.3 In the case of extractable elements, the tests must be carried out according to the specifications 
of the EN 71 -1 standard relating to toys, which provides that these elements must resist a pull of 
50 or 90 newto ns (depending on their size) for 10 seconds. In the field of textiles, the value of 90 
newtons being difficult to achieve, the tests must be carried out according to the 
recommendations of an internal reference system in the test laboratory which can admit , for 
example, a test based on a traction of 50 newtons. However, the tests must be pushed up to 90 
newtons for 10 seconds, whenever the detachable elements can resist beyond 50 newtons.  
 
8.4 For tests with no regulatory or normative basis, the laboratory must rely on the reference 
system used to obtain the relevant label.  
 
8.5 Fire resistance  
 
Fire resistance applies only to night wear. The analy sis carried out must show that the pajamas 
tested meet the NF EN 14878 standard. This is also the case for underw ear (bodysuits).  
 
8.6 C hemical analysis  
 
The chemical analy sis must include two parts: the fastness of the dyes to body fluids (saliva and 
sweat) and the presence of certain substances in the fabrics: azo dyes, formaldehyde, phthalates, 
heavy metals (in particular cadmium) as well as the migration of nickel. The acid or basic 
character of the fabric must also be checked by measuring its pH (allergenic risk).  
 
 
 
 11 / 14 8.7 Mechanical risks  
 
It is on this point that the main problems can appear and work relating to user safety must be 
intensified on this axis. Thus, the mechanical risks must be controlled, in particular vis -à-vis textile 
products intended for children, including: risks of strangulation linked to cords, risks of 
suffocation linked to buttons and ot her small torn elements, risks posed by bedding located in the 
sleeping environment of the child.  
 
ARTICLE 9: HEARINGS  
 
9.1 Professionals and their representatives  
 
Principals for all or most of the goods they market, professionals who are manufacturers  must be 
interviewed.  
Each of them must be able to describe the constraints imposed on designers in order to comply 
with existing standards and regulations both at the national level and at the level of the ECOWAS 
Member States, and in general in all the c ountries where their production is marketed as well as 
the checks carried out before, during and after the manufacturing process.  
 
They must also discuss the way in which customer complaints are handled and the lessons they 
learn from them. On the whole, t heir methods must be identical,  and the essential differences must 
lie in their relationship with suppliers.  
 
Very attentive to the investigations carried out by a consumer safety commission (CSC) or a 
similar structure, they must expect a lot from the act ivities carried out in the context of compliance 
with the essential requirements of product safety.  
 
9.2 Laboratories  
 
In order to ensure the quality and compliance of their products with the legal and normative 
framework in force, professionals must use i ndependent laboratories that are, as far as possible, 
accredited.  
 
 
ARTICLE 1 1: DUTY OF THE CONCERNED ACTORS   
 
11.1 Public authorities should:  
 
• provide the means to improve epidemiological knowledge through a documented collection of 
the circumstances of accidents due to children's garment . 
 
• prohibit the presence of undesirable chemical substances (such as phthalates and 
formaldehyde) or heavy  metals in children's garment . 
 
• develop control mechanisms relating to compliance with existing standards.  
 
11.2 Standards authorities should:  
 
• continue the efforts undertaken to draw up specific standards for children's garment , taking 
particular account of mechanical resistance and the presence of chemical products.  
 12 / 14 • rely on the refusal opposed by a majority of Member States to publish in the Official Journal of 
the European Union (OJEU) (in the context of the General Product Safety Directive) the standard 
relating to the flammability of children's night wear (NF EN 1 4878) to initiate the revision of the 
latter.  
 
• define, in the standards, prescriptions taking into account the age and stature of the child.  
 
11.3 Professionals must:  
 
• strengthen quality controls on the children's garment  they place on the market, whet her they 
are manufacturers, distributors or importers.  
 
• comply or ensure compliance with the requirements of the relevant standards relating to the 
use of chemicals, the most demanding quality specifications used by certification bodies.  
 
• avoid the use  of decorative elements likely to come off on garments , and especially those for 
nightwear, intended for children from 0 to 36 months.  
 
• ensure the mechanical strength of closure and fastening systems, particularly with regard to 
buttons and press studs.  
 
11.4 Consumers must:  
 
• always wash  garments  before first use.  
 
• follow the maintenance recommendations on the labels.  
 
• favor, in the choice of garments  for children from 0 to 36 months, models that do not have 
decorative elements likely to come off.  
 
• check, at the time of purchase and then regularly, the fit and condition of items likely to come off 
the garment . 
 
 
CHAPTER V: PROVISIONS RELATING TO LITIGATION  
 
ARTICLE 12: Infr actions  
 
Constitute infractions  of the provisions of th is regulation, any natural or legal person who:  
 
a) does not comply with garment  safety obligations, labeling requirements and ECOWAS 
packaging rules and also, that the children's garment  does not contain any chemical substance 
which could be hazardous to he alth and the environment.;  
 
b) does not satisfy the general obligation of information, the general obligation of security, and 
the prohibition of fraud and deception, in particular as regards the origin and composition of the 
products of th is technical regulation;  
c) provides inaccurate and/or misleading information;  
(d) obstructs the action of competent authorities and authorized agents in the exercise of their 
powers.  
 
Each Member State can define additional infractions  if necessary.  13 / 14  
No one may be fou nd guilty of an infraction  if he proves:  
 
(a) he has exercised due diligence to ensure compliance with the provisions of th is regulation , and  
(b) that the infringement  was committed without his knowledge, consent or complicity.  
 
ARTICLE 13: PENALTIES  
 
Each Member State sets the penalties for infraction  of this regulation.  
 
ARTICLE 14: PROCEDURE  
 
Infractions  of the provisions of this regulation are noted by means of reports by the authorized 
agents of each State in accordance with its own administrative or criminal procedure.  
 
ARTICLE 15: REMEDIES  
 
Each State shall guarantee to any natural or legal person whose product is detained or seized 
pursuant to this Regulation , a right of appeal against this decision in accordance with the relevant 
procedure.  
 
 
CHAPTER VI: FINAL PROVISIONS  
 
ARTICLE 16: REVISION  
 
The decision to revi ew this regulation is taken on the  basis of proposals from the Member States 
or from the Community Committee for Technical Regulations (ECOREG) in consultation with the 
Member States.  
The revision of th is regulation follows the same procedure as that of its elaboration . 
 
ARTICLE 17: REPEAL  
 
The decision to repeal this regulation is taken on the basis of proposals from the Member States 
or the Community Council for Technical Regulation (ECOREG) in consultation with the Member 
States (or with the Community Council for Quality (CCQ)).  
 
ARTICLE  18: ENTRY INTO FORCE  
 
This regulation shall enter into force as from the date of its signature by the ECOWAS Council of 
Ministers.  
 
ARTICLE 19: PUBLICATION  
 
This regulation shall be published by the President of the ECOWAS Commission in the Official 
Journal of the Community within thirty (30) days from the date of signature by the President of 
the Council of Ministers. It shall also be published within the same period by each Member State 
in its Official Journal and notified to the World Trade Organis ation (WTO) in accordance with the 
provisions of the Agreement on Technical Barriers to Trade (TBT).  
 
 
 14 / 14 DONE AT ..., ON ...  
 
FOR THE COUNCIL,  
 
THE PRESIDENT