G/TBT/N/ITA/28  
 
24 January 2017  
(17-0441) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member : ITALY  
If applicable, name of local government involved  (Article 3.2 and 7.2) : 
2. Agency responsible : Ministero dello sviluppo economico  
Name  and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification  shall be indicated if different from above : 
Ministry for economic development  
General Directorate for Market, Competition, Consumer, Vigilance and Technical 
Standardization  
Division XIII  – Technical standardization and Safety and Compliance of products   
00187 Rome I – Via Sallustiana, 53   
Tel: +39 06 4705.5430  
E-Mail: tbt.Italia@mise.gov.it ; vincenzo.correggia@mise.gov.it  
European Commission TBT Enquiry Point : ec-tbt@ec.europa.eu  
3. Notified und er Article 2.9.2 [ X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other : 
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable) : Leather, hide, fur and 
products manufactured fr om hide, leather, fur  
5. Title, number of pages  and language(s)  of the notified document : Article regulating 
the use of the terms "leather", "hide", "fur" and terms derived therefrom (4 pages, in Italian)  
6. Description of content : 
 The draft article, whi ch will seek inclusion in the draft law of the next "European 
Law" currently being prepared laying down provisions for the fulfilment of the 
obligations arising from Italy"s membership in the European Union, consists of 27 
paragraphs.  
 The first three parag raphs identify the subject of the provisions, the definitions of 
the terms "leather", "coated leather", "fur" and "bonded leather", and refer to 
Regulation (EC) No 765/2008 for definitions relating to economic operators.  
 Paragraph 4 excludes the applicatio n of the article, as a whole, to the products 
defined by Directive 94/11/EC of the European Parliament and of the Council of 23 
March 1994 on the approximation of the laws, regulations and administrative 
provisions of the Member States relating to labellin g of the materials used in the 
main components of footwear for sale to the consumer, transposed by the Decree of 
the Ministry of Industry, Trade and Craft Trades of 11 April 1996.  
 Paragraph 5 stipulates that the definitions in paragraph 2 can be adapted to  take 
any technical changes into consideration, by decree of the Minister for Economic 
Development.  G/TBT/N/ITA/28  
 
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    Paragraph 6 provides for a ban on the placing and making available on the market of 
materials and products manufactured with such materials, which use the  terms 
"leather", "hide", "full -grain leather", "coated leather", "coated hide", "fur" and 
"bonded leather" (even in a language other than English) if they do not correspond 
to the terms defined in paragraph 2. The same terms are prohibited even if used as  
adjectives, nouns or suffixes and prefixes for other words, and all terms that have 
similarities with the definitions referred to in paragraph 2 but with a different 
composition from the definitions indicated therein are further prohibited.  
 Paragraph 7 in troduces a labelling or marking obligation, only for those who make 
use of the terms identified and defined in paragraph 2, on the materials or products 
placed or made available on the market.  
 Paragraph 8 assigns responsibility for the accuracy of the info rmation contained on 
the labelling, marking or in the commercial document to the manufacturer or 
importer.  
 Paragraph 9 confers to the distributor the task of verifying the presence of the 
labelling or marking in the event of the occurrence of the condition s laid down by 
this article.  
 Paragraph 10 establishes the characteristics of the labelling and marking and the 
method of application.  
 Paragraph 11 introduces a derogation from the obligation of the presence of labelling 
or marking on products, in the case in which the materials and products 
manufactured with such materials are contracted out to operators forming part of 
the supply chain, allowing for the use of the accompanying commercial document in 
place of labelling or marking.  
 Paragraph 12 stipulates th e obligation to include reference to the materials defined 
in paragraph 2 on the labelling, even when they are part of a manufactured product 
made up of other materials of a different nature.  
 However, paragraph 13 excludes the obligation referred to in par agraph 12 for all 
textile products defined by Regulation (EU) No 1007/2011 containing non -textile 
parts of animal origin and governed in accordance with Article 12 of the same 
Regulation.  
 Paragraph 14 establishes the principle of mutual recognition for mat erials and 
products manufactured with such materials, manufactured or marketed in another 
Member State of the European Union or in Turkey or in an EFTA Member State, 
which is party to the Agreement on the European Economic Area (EEA).  
 Paragraphs 15 to 25 l ay down, in full, the system of penalties to counteract 
infringements of the provisions of the article.  
 Paragraph 26 provides for the possibility of the disposal of stocks of products already 
labelled and placed on the market before the entry into force of  the article, in 
accordance with the existing provisions.  
 Finally, paragraph 27 repeals Law No 1112 of 16 December 1966, indicating that the 
provisions of the article, since regarded as a technical regulation, have been notified 
to the European Commission in accordance with Directive (EU) 2015/1535 and to 
the World Trade Organisation in accordance with the Agreement on Technical 
Barriers to Trade in force from 1 January 1995 for possible adaptations to the text 
resulting from the outcome of the above notifi cations.  
7. Objective and rationale , including the nature of urgent problems where 
applicable : The draft article aims to facilitate the dissemination of information to the 
consumer, and it requires that national legislation be adapted, namely Law No 1112 of 16 
December 1966 regulating the use of the names "leather", "hide" and "fur" and terms 
derived therefrom, with the provisions of the European Union in harmonised areas, such as 
the footwear sector governed by Directive 94/11/EC, and with Community provi sions of a 
general nature relating to the operation of the single market.  G/TBT/N/ITA/28  
 
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   The update and reorganisation of the provisions will not only facilitate the fight against the 
many examples of counterfeiting taking place within the sector, but also the 
comprehe nsion of the applicable legislation for the relevant operators by clarifying that the 
national provisions in question do not apply to products defined by Directive 94/11/EC of 
the European Parliament and of the Council of 23 March 1994 on the approximation  of the 
laws, regulations and administrative provisions of the Member States relating to labelling 
of the materials used in the main components of footwear for sale to the consumer.  
8. Relevant documents : References to basic texts : Law No 1112 of 16 Decem ber 1966  
9. Proposed date of adoption : April 2017  
Proposed date of entry into force : April 2017   
10. Final date for comments : 30 March 2017  
11. Texts available from : National enquiry point  [X] or address, telephone and fax 
number s and e mail and website address es, if available , of other body : See box 2  
Text on line at : http://ec.europa.eu/growth/tools -databases/tris/it/search  and/or 
at: http://ec.europa.eu/growth/tools -databases/tbt/en/search   
https://members.wto.org/crnattachments/2017/TBT/ITA/17_0410_00_x.pdf