DIRECTIVE 96/73/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 1996 on certain methods for the quantitative analysis of binary textile fibre mixtures
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the Economic and Social Committee (2),
Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),
Whereas Council Directive 72/276/EEC of 17 July 1972 on the approximation of the laws of the Member States relating to certain methods for the quantitative analysis of binary textile fibre mixtures (4) has been amended frequently and substantially; whereas, for reasons of clarity and rationality, the said Directive should be consolidated;
Whereas Directive 96/74/EC of the European Parliament and of the Council of 16 December 1996 on textile names (5) requires labelling to indicate the fibre composition of textile products, with checks being carried out by analysis on the conformity of these products with the indications given on the label;
Whereas the methods used for official tests carried out in the Member States to determine the fibre composition of textile products should be uniform, as regards both the pre-treatment of the sample and its quantitative analysis;
Whereas Directive 96/74/EC provides that the methods for sampling and analysis to be used in the Member States for the purpose of determining the fibre composition of products will be specified in separate directives; whereas therefore Annex II to this Directive lays down 15 uniform methods of analysis for most of the textile products composed of binary mixtures that are on the market;
Whereas technical progress necessitates frequent adaptation of the technical specifications defined by the separate directives on methods of textile analysis; whereas, in order to facilitate the implementation of the measures required to that effect, a procedure should be laid down establishing, within the Committee for Directives relating to Textile Names and Labelling, close cooperation between Member States and the Commission;
Whereas, in the case of binary mixtures for which there is no uniform method of analysis at Community level, the laboratory responsible for the test may determine the composition of such mixtures using any valid method at its disposal, indicating in the analysis report the result obtained and, in so far as this is known, the degree of accuracy of the method used;
Whereas the provisions of this Directive are in accordance with the opinion of the Committee for Directives relating to Textile Names and Labelling;
Whereas this Directive must not affect the obligations of the Member States concerning the time limits for transposition of the Directives set out in Annex III, part B,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns methods for the quantitative analysis of certain binary textile fibre mixtures, including the preparation of test samples and test specimens.
Article 2
'Test sample` means a sample of a suitable size for analysis, taken from laboratory bulk samples in turn taken from a batch of articles for analysis.
'Test specimen` means that part of the test sample required to give an individual test result.
Article 3
Member States shall take all necessary steps to ensure that, in accordance with Directive 96/74/EC, the provisions in Annexes I and II on methods for the quantitative analysis of certain binary textile fibre mixtures, including the preparation of test samples and test specimens, are applied in all official tests to determine the composition of textile products put on the market.
Article 4
Any laboratory responsible for the testing of binary mixtures for which there is no uniform method of analysis at Community level shall determine the composition of such mixtures by using any valid method at its disposal, indicating in the analysis report the result obtained and, in so far as this is known, the degree of accuracy of the method used.
Article 5
1. A Committee for Directives relating to Textile Names and Labelling, hereinafter called 'the Committee`, is hereby set up; it shall consist of representatives of the Member States with a representative of the Commission as chairman.
2. The Committee shall adopt its own rules of procedure.
3. Adaptations to technical progress in the methods of quantitative analysis provided for in Annex II shall be made in accordance with the procedure laid down in Article 6.
Article 6
1. Where the procedure laid down in this Article is invoked, matters shall be referred to the Committee by its chairman, either on his own initiative or at the request of the representative of a Member State.
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged where they are in accordance with the opinion of the Committee.
(b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall without delay propose to the Council the measures to be adopted.
The Council shall act by a qualified majority.
(c) If, within three months of the proposal being submitted to it, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 7
Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.
Article 8
The Directives listed in Annex III, part A, are hereby repealed, without prejudice to the obligations of the Member States concerning the time limits for transposition set out in Annex III, part B.
References to the repealed Directives shall be construed as references to this Directive and should be read in accordance with the correlation table set out in Annex IV.
Article 9
This Directive is addressed to the Member States.
This Directive shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
Done at Brussels, 16 December 1996.