COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(91) 529 final - SYN 378 
Brussels, 6 March 1992 
Proposal for a 
COUNCIL DIRECTIVE 
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 final consumer 
(presented by the Commission) 
À 
Explanatory memorandum 
1. Background 
The problem of footwear labelling goes back more than a decade. In some 
Member States, regulations were initially introduced on a private basis. 
This was followed by the introduction of legislation in other 
Member States. 
Between 1986 and 1990 the Commission examined draft Spanish and French 
decrees in this sector in the light of Article 30 et sea, of the Treaty. 
After expressing various comments, which were taken into consideration, the 
Commission accepted that these measures were lawful. However, although 
they were legally acceptable, the measures caused problems in intra-EC 
trade as they were not coordinated and contained manifest differences. Each 
product has to be specially marked according to the Member State of 
destination, resulting in particular in additional costs and barriers on 
moving from one market to another within the Community. This situation has 
been severely criticized in numerous complaints from the trade groups 
concerned and by some Member States. There is a real risk that other 
Member States wi I I take the same approach and that manufacturers will be 
obliged to label products according to their destination within the 
Commun i t y. 
2. The need for Community action 
Decisions taken under Article 30 ensures some degree of liberalization but 
cannot be used to introduce harmonization. It has not been possible to 
avoid having different Spanish and the French legislation. The ways of 
ensuring full and effective free movement in this area are in particular 
mutual recognition, voluntary harmonization or recourse to Article 100a. 
As far as mutual recognition is concerned, the differences between the 
Spanish and the French legislation and the absence of provisions in a 
number of other Member States mean that it would be limited in scope. 
The industry concerned was asked to start work on voluntary harmonization 
but this ran into the major objection that such an approach would not 
ensure that the system adopted applied to imports originating in third 
countries (these accounting for nearly 35% of consumption). This would 
distort competition and would not go very far towards providing consumers 
with information. Furthermore, it would not be possible for harmonization 
of this kind to replace national regulations. 
-Ab<± 
The most effective way of overcoming the disadvantages of the different 
national laws has therefore been found to be a harmonization directive. 
Consultations have shown that all of the Member States and the industry 
concerned also support this approach and wish to have a binding system as 
they believe this is the most appropriate way of overcoming the present 
difficulties. 
This proposal has in general been favourably received by all of the experts 
representing the groups consulted. It has the advantage of having the 
technical contribution of the industries concerned and the proposals put 
forward during the three consultation meetings with experts from the 
Member States and the consultation procedure with the Consumers' 
Consultative Committee. 
3. Scope of the proposed measures 
As the main purpose of labelling is to inform and the aim is to achieve 
harmonization within the Community, this draft directive lays down the 
means to be used for footwear labelling. It defines the various parts of 
footwear to which labelling will refer and the constitutive materials of 
each of these parts which have to be taken into consideration. 
The plan is for the information given on the product to be in the form of 
pictograms so that consumers will be presented with the information in the 
same way throughout the Community. This will facilitate understanding and 
the operation of labelling of the products as such. If necessary, it is 
planned that a text explaining the pictograms in the language spoken at the 
point of sale should be put up to facilitate understanding of the 
pictograms. 
With the aim being to increase the information provided, it has been 
necessary to strike a reasonable balance between the tendency to demand as 
much information as possible and the need for that information to be 
intelligible in a sufficiently direct manner. 
4. Implementation 
It is estimated that, following the adoption of the draft directive by the 
Council, It will take at least one year for the action required for its 
application to be taken by the Member States. This means that the measures 
can be expected to be implemented at the earliest on t July 1993. 
Proposal for a 
COUNCIL DIRECTIVE 
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 final consumer 
The Council of the European Communities, 
Having regard to the Treaty establishing the European Economic Community 
and in particular Article 100a thereof, 
Having regard to the proposal from the Commission. 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas in certain Member States there exist regulations on footwear 
labelling which are designed to protect and inform the public as well as to 
secure the legitimate interests of industry, 
Whereas the disparity of such regulations risks creating barriers to trade 
within the Community and thereby impeding the establishment of the internal 
market. 
Whereas it is expedient, in order to avoid the problems due to different 
systems, to specify the exact elements of such a common labelling system 
for footwear, 
Whereas Council Resolution of 9th November 1989 (89/C294/01) on the policy 
relating to consumer protection calls for efforts to improve consumer 
information on products, 
Whereas it is in the interest both of consumers and of the footwear 
industry to introduce a system reducing the risk of fraud by indicating the 
exact nature of the materials used in the main components of the item of 
footwear, 
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HAS ADOPTED THIS DIRECTIVE : 
Article 1 
1. This Directive concerns the labelling of the materials used in the 
main components of footwear articles for sale to the final consumer. 
2. For t he purposes of t h i s 01rec11ve: 
'footwear' shall mean all articles of apparel with applied soles 
designed to protect or cover the foot, it does not include disposable 
foot or shoe coverings of flimsy material (paper, sheeting of 
plastics, etc.) without applied soles. 
'Footwear' may range from sandals with uppers consisting simply of 
adjustable laces or ribbons to thigh boots the uppers of which cover 
the leg and thigh. Among those products included therefore are: 
i) Flat or high heeted shoes for ordinary indoor or outdoor wear. 
il) Ankle-boots, half-boots, knee-boots, and thigh boots. 
iii) Sandals of various types, "espadrilles" (shoes with canvas 
uppers and soles of plaited vegetable material), tennis shoes, 
Jogging shoes, bathing slippers and other casual footwear. 
iv) Special sports footwear which is designed for a sporting 
activity and has, or has provision for, the attachment of 
spikes, sprigs, stops, clips, bars or the like and skating 
boots, ski boots and cross-country ski footwear, wrestling 
boots, boxing boots and cycling shoes. Also included are toy 
footwear and skating boots with Ice or roller skates attached. 
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v) Dancing slippers. 
vi) Footwear obtained in a single piece, particularly by moulding 
rubber or plastics or carving from a solid piece of wood. 
vii) Overshoes worn over other footwear; in some cases, they are 
heel-less. 
viii) Disposable footwear, with applied soles, generally designed to 
be used only once. 
Ix) Orthopedic footwear. 
3. This Directive does not cover: 
i) footwear without applied soles, of textile material; 
i i) worn footwear ; 
iii) articles of asbetos; 
iv) parts of footwear not offered for sale to the final consumer; 
v) protective footwear which is covered by Council Directive 89/686 
EEC of 21 December 1989. 
4. For the purposes of clarity and transparancy therefore and subject to 
the provisions outlined in the proceeding paragraphs the description 
of products covered by this Directive has been made by reference to 
Chapter 64 of the Combined Nomenclature CCN'). 
- 4 -
5. Information on the composition of the footwear article shall be 
conveyed by means of a label as outlined in Article 4. 
i) The label shall convey information relating to the three parts 
of the footwear article, namely a) upper, b) lining and sock and 
c) outerso le as defined in the annex. 
ii) The composition of the footwear article shall be indicated in 
line with the provisions of Article 4 on the basis of pictograms 
for specific materials as outlined in the annex. 
iii) In the case of a) the upper b) the lining and sock classifi­
cation is determined by the constituent material or materials 
which have the greatest external surface area, no account being 
taken of accessories or reinforcements such as ankle patches, 
edging, ornamentation, buckles, tabs, eyelet stays or similar 
attachments. 
iv) In the case of c) the outersole classification is based on the 
volume or mass of the materials contained therein, in line with 
the provisions of Article 4. 
6. 'Sale to the final consumer' shall also cover distance selling such as 
mail order, telephone order on the basis of a catalogue and other 
methods such as television selling, without prejudice to further 
possible methods arising from the advance of new technologies. 
Article 2 
1. Member States shall take all necessary measures to ensure that all 
footwear items, whether produced in the EC or imported, placed on the 
market meet the labelling requirements of this Directive without 
prejudice to other relevant Community provisions. 
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2. Where footwear items not in conformity with the provisions regarding 
the labelling requirements are placed on the market the competent 
Member State shall take appropriate action as specified in its 
national provisions. 
Article 3 
1. Member States shall not prohibit or impede the placement on the market 
of footwear items which comply with the labelling requirements of this 
Directive, by the application of national provisions governing the 
labelling of certain footwear items or of footwear items in general, 
without prejudice to other relevant Community provisions. 
Article 4 
1. The label shall provide information on the material which constitutes 
at least 85% of the surface area of a) the upper b) the lining and 
sock of the footwear article and at least 85% of the volume or mass of 
c) the outer sole. If no one material accounts for at least 85% 
information should be given on the two principal materials in the 
composition. 
2. The information shall be conveyed by means of agreed pictograms as 
defined and illustrated in the Annex together with a poster explaining 
these pictograms in the national language(s) or other languages as 
necessary, or any equivalent means (eg. video, electronic display, 
etc..) also able to convey the relevant information. The poster 
shall be displayed prominently and in the immediate vicinity of 
footwear items at all points of sale to the final consumer. The 
dimensions of the characters contained therein shall not be less than 
2 cm. 
3. The label must be on or attached to at least one footwear article in 
each pair e.g. imprinted on or stuck to the sole or the inside of the 
footwear article, tied, embossed etc. 
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4. The label must be legible, firmly secure and accessible and the 
dimensions of the pictograms must be suffi cent I y large to make it 
possible to clearly understand the information contained therein. 
5. The manufacturer or his authorized agent established in the Community 
is responsible for supplying the label and for the accuracy of the 
information contained therein. If neither the manufacturer nor his 
authorized agent are established in the Community this obligation 
falls on the person responsible for the placement on the market in the 
Community. The retailer remains reponsible for ensuring that the 
labelling of footwear sold by him conforms with the provisions of this 
directive. 
6. The name and address of the manufacturer, his authorized agent 
established in the Community or the person responsible for the 
placement on the market in the Community, if not indicated on the 
label, should be available to the consumer at the point of sale. 
Article 5 
The proceeding article outlines the basic requirements for footwear 
labelling. Supplementary information such as textual information 
indication of leather type or means of attachment of the sole may be 
recommended by Member States in their provisions. However, they shall 
not prohibit or impede the placement on the market of footwear 
conforming to the requirements of this Directive in line with the 
provisions of Article 3. 
Article 6 
1. Labelling provisions as outlined in Article 4 will apply equally to 
distance selling such as mail order or telephone order on the basis of 
a catalogue and television selling. Because of special constraints, 
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the relevant information will be conveyed by means of the following 
methods, without prejudice to further possible methods arising from 
the advance of new technologies: 
a) Mail order and telephone order on the basis of a catalogue 
Pictograms in line with the provisions of Article 4 wi 11 be 
presented for all footwear items which appear in the catalogue. 
An explanatory notice concerning the pictograms will appear once 
in the catalogue. This notice will be presented prominently and 
close to the footwear articles displayed. 
b) Television Sel Iing 
Pictograms in line with the provisions of Article 4 wi I I appear 
with the display on the screen of the footwear article for sale. 
Article 7 
1. Member States shall adopt and publish the laws regulations and 
administrative provisions necessary to comply with the provisions of 
this Directive by [31 December 1992]. They shall forthwith inform the 
Commission thereof. 
2. They shall apply the provisions referred to in paragraph 1 from [30 
June 1993]. Stock invoiced or delivered to the retailer before this 
date shall not be subject to the said provisions until [1 January 
1995]. 
3. When Member States adopt these provisions, these shall contain a 
reference to this directive or shall be accompanied by such reference 
at the time of their official publication. The procedure for such 
reference shall be adopted by Member States. 
Article 8 
This Directive is addressed to the Member States. 
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ANNEX 
1. DEFINITION AND CORRESPONDING PICTOGRAMS CONCERNING THE PARTS OF THE 
FOOTWEAR ARTICLE TO BE IDENTIFIED 
a) Upper 
It is the outerface of the structural element 
which is attached to the outersole. 
b) Lining and Sock (insole lining) 
It is the upper and insole lining, consti­
tuting the inside of the footwear article. 
c) Outersole 
It Is the bottom surface of the footwear 
article which is subjected to abrasive wear 
and which is attached to the upper part of the 
footwear article. 
2. DEFINITION AND CORRESPONDING PICTOGRAMS OF THE MATERIALS 
The pictograms concerning the materials should appear on the label 
beside the pictograms relating to the 3 parts of the footwear article 
as specified in Article 4 and part 1 of the Annex. 
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a) Leather 
i) A general term for hide or skin with its 
original fibrous structure more or less 
intact, tanned to be imputrescible. The 
hair or wool may or may not have been 
removed. Leather is also made from a hide 
or skin which has been split into layers 
or segmented either before or after 
tanning, but if the tanned hide or skin is 
disintegrated mechanically and or 
chemically into fibrous particles, small 
pieces or powders and then, with or 
without the combination of a binding 
agent, is made into sheets or other forms, 
such sheets or forms are not leather. If 
the leather has a surface coating, this 
surface layer, however applied, must not 
be thicker than 0.15mm. Thus all leathers 
are covered without prejudice to other 
legal obligations e.g. Washington 
Convent ion. 
ii) Coated Leather: leather where the surface 
coating applied to the leather does not 
exceed one third of the total thickness of 
the product but is in excess of 0.15mm. 
b) Natural Textile Materials and Synthetic 
Textile Materials woven or non-woven 
Textile means all products falling under the 
scope of Dir. 71/307/CEE and any amendments 
thereof. -1—1—1—1-=-—I—|—| J-| 
-I—I—I—l-i 
-l—l—I—i JL 
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c) Rubber 
This covers natural or synthetic rubber, an 
elastic material derived from latex from 
living plants and/or from synthetic polymers 
and processed by vulcanisation. 
d) All other materials 
M 
FINANCIAL STATEMENT 
SECTION 1: FINANCIAL IMPLICATIONS 
1. Title of operation 
Directive on the approximation of the laws, regulations and 
administrative provisions of the Member States relating to the labelling 
of the materials used in the main parts of footwear for sale to the 
final consumer. 
2. Budget heading involved 
B8-530: Completing the internal market - support 
3. Legal basis 
Article 100a of the EEC Treaty 
4. Description of operation 
4.1 Specific objectives of operation 
To ensure full and effective free movement of the products 
concerned; to provide consumer information 
4.2 Duration 
One-off action. 
4.3 Target population 
Trade groups and consumers in the Community 
5. Classification of expenditure or revenue 
5.1 Compulsory/Non-compulsory: 
Non-compulsory 
5.2 Different iated/Non-differentiated: 
Non-d i fferenti ated 
-Jfc 
5.3 Type of revenue involved: 
Not appIi cab Ie 
6. Type of expenditure or revenue 
6.1 100% subsidy: 
Not appIicab le 
6.2 Subsidy for Joint financing with other sources in the public and/or 
private sector: 
Not appIicab le 
6.3 Interest subsidy: 
Not app11 cab le 
6.4 Other 
Administrative expenditure to permit implementation of the 
Directive concerned. 
6.5 Should the operation prove an economic success, is there provision 
for all or part of the Community contribution to be reimbursed? 
No 
6.6 Will the proposed operation cause any change in the level of 
revenue? If so, what sort of change and what type of revenue is 
involved? 
Not applicab le 
7. Financial impact on appropriations for operations {part B of the budget) 
BOJ 29 000 
7.1 Method of calculating total cost of operation: 
20% of the working time of an auxiliary secretary for one year + 
share: BOJ 12 200 
Meeting of experts: 15 x BOJ 700 - BOJ 10 500 
Consultant for technical assistance {one month) BOJ 6 300 
7.2 Proportion of mini-budget in total cost of operation. 
Explain method of calculation. 
BOJ 29 000 representing the total cost of the operation 
7.3 Indicative schedule of commitment and payment appropriations: 
CA: ECU 29 000 
PA: ECU 29 000 
43 -
8. What anti-fraud measures are planned in the proposal for the operation? 
Anti-fraud measures not required in view of the internal nature of the 
expenditure. 
SECTION 2 : ADMINISTRATIVE EXPENDITURE (part A of the budget) 
1. Will the proposed operation involve an increase in the number of 
Commission staff? If so, how many? 
No increase in staff 
2. Indicate the amount of staff and administrative expenditure involved in 
the proposed operation. Explain the method of calculation. 
ECU 29 000 
20% auxiliary secretary for one year + share of a person already 
present in the departments 
See point 7 
SECTION 3: ELEMENTS OF COST-EFFECTIVENESS ANALYSIS 
1. Objectives and coherence with financial programming 
1.1 Specific objective(s) of proposed operation. If possible this 
should be quantified and must be shown for each of the years 
concerned in the case of a multiannua I operation: 
(a) See Section 1, 4.1: to ensure full and effective free 
movement of footwear within the Community 
(b) Permanent operation principally at the expense of the 
Member States 
1.2 Is the operation incorporated in the financial programming of the 
DG for the years concerned?: 
Yes 
1.3 To which broader objective defined in the DG's financial 
programming does the objective of the proposed operation 
correspond? 
-**4 -
Objective: completing the internal market 
Sub-objective: abolition of technical barriers 
Objective: harmonization of laws 
2. Grounds for the operation 
2.1 Reasons for choosing this operation rather than an alternative 
which would achieve the same objectives. The justification must 
be based on three criteria*. 
Two alternatives were considered: 
mutual recognition: this would have been of limited scope 
in view of the differences between the Spanish and the 
French legislation in force and the absence of provisions 
in the other Member States 
voluntary harmonization: this approach would be unable to 
ensure that the agreed system applied to imports 
originating in third countries (which account for 35% of 
consumption). A harmonization directive has therefore been 
found to be the most effective means. 
(a) Cost: 
Modest 
(b) Spin-off effect (impact beyond the specific 
objective(s)): 
Avoidance of complaints from economic operators 
(c) Multiplier effect (ability to mobilize other sources of 
finance): 
Not appi icable 
3. Monitoring and evaluation of the operation 
3.1 Performance indicators selected: 
Transposition into national laws 
3.2 Details and frequency of planned evaluation: 
Bi-annual examination of the situation with industry and the 
Member States 
3.3 Main factors of uncertainty which could affect the specific results 
of the operation: 
J5 
FOOTWEAR LABELLING 
Impact Assessment Form 
Title of Proposal: 
Draft Council Directive on the approximation of the Laws, 
Regulations and Administrative Provisions 
of the Member States relating to the Labelling of 
the Materials used in the Main Components of Footwear 
for Sale to the Final Consumer 
Reference Number: 21219.2 
1. The Proposal 
- National legislation on Footwear Labelling exists in 
Spain and France. The French decree which was Imple­
mented on 1 June 1990 caused significant disquiet in the 
EC footwear Industry because of the adverse effects which 
it could have on intra-EC trade. At the beginning of 
1990 therefore the European Confederation of the Footwear 
Industry requested the EC Commission to begin discussions 
leading to the introduction of a harmonized labelling 
system for footwear sold in the EC on the basis of agreed 
symbols. This idea was then presented to the Member 
States who Indicated their support for the initiative. 
The main alms of the initiatives are to provide the con­
sumer with essential information while aiding the free 
circulation of footwear in EC by replacing divisive na­
tional regulations with harmonized Community provisions. 
2. The Impact on business 
I) The proposal will directly affect footwear manufac­
turers, importers, distributors and retailers. 
ii) The Industry is composed almost entirely of SMEs. 
Fragmentation and labour intensity are the sector's 
most significant traits. 
There are over 15,000 footwear businesses in the Commu­
nity, with an average of 24 employees/firm. 
-At 
ill) Italy is by far the largest producer, with an average 
annual % share of total EC production of 40%. Other 
large producers are Spain (15%), France (15%), followed 
by the UK (12%), Portugal (8%) and Germany (7%). Pro­
duction in the other EC countries Is marginal. 
3. What will business have to do to comply with the proposal? 
The directive provides for the obligatory labelling of ail 
footwear for sale to the final consumer. Thus, it is the 
responsibility of the footwear manufacturer, his author­
ized agent and the retailer to ensure that all footwear 
offered for sale displays the required information in a 
correct form in line with the provisions of this 
directive. In practice the manufacturer will supply the 
label and take responsibility for the accuracy of its 
information while It Is up to the retailer to ensure that 
the label is present at the time of purchase. 
4. What economic effects is the proposal likely to have? 
i) Approximately 346,000 people were employed in the EC 
footwear industry in 1990. Italy has by far the largest 
employment figure with 114,000 followed by the UK, 
Portugal, France, Spain and Germany with 54,000, 49,000, 
38,000, 38,000 and 33,000 respectively. During the 
1980s employment in the industry fell at a rate of over 
3% p.a. and this downward trend is continuing. 
ii) This proposal Is unlikely to have any direct effect on 
employment or investment in the Industry. However, giv­
en the objectives of a) informing the consumer of the 
composition of the item of footwear, and b) aiding the 
free circulation of footwear throughout the community it 
is to be hoped that Implementation of the proposal will 
have a positive effect on the industry. A unified har­
monized system will replace different national practises 
and additional costs which would have to be borne by the-
industry in preparing different labels for various EC 
markets will be avoided. Furthermore, heightened con­
sumer awareness of the composition of footwear articles 
may increase their appreciation of and confidence in the 
product and encourage further purchases. 
5. What about the specific situation of SMEs? 
- In view of the fact that the industry is composed almost 
entirely of small and medium sized enterprises the propos­
al was prepared with the interests and specific situation 
of SMEs continuously borne in mind. 
-/*-
6. Consultation 
Regular consultations with the European Footwear Federa­
tion took place during the evolution of the project com­
bined with meetings with representatives from the Member 
States on four seperate occasions. A formal consultation 
of the information and education section of the Consumer 
Consultative Council (CCC) took place on 11 April 1991 and 
the opinion of the complete Committee was presented during 
their session of 16 October 1991. The views of individual 
organisations were also received in the form of written 
comments. The relevant views of other concerned bodies 
were conveyed through the Interservice consultation of 
other Commission Departments such as the Consumer Policy 
Service, and the Directorate General for Enterprise 
Policy, Distributive Trades, Tourism and Cooperatives. 
- The views of all the concerned parties have been taken 
Into account in preparing this proposal. The main points 
of debate centered on the amount of Information to be giv-
en on the label. The different views of various Member 
States have been discussed and considered during the 
meetings held over the past 18 months while the greatest 
divergence of opinion on the project exists between the 
CCC and the European Footwear Federation. 
The CCC would like information to be given on the upper, 
lining, innersole, midsole and sole along with an 
indication of the means of attachment of the sole i.e. 
stitched, stuck etc. Furthermore, they believe that the 
consumer should be informed of the characteristics of the 
materials used e.g. waterproof and that the exact 
dimensions of the proposed label should be laid down in 
the directive. 
On the other hand industry stresses the necessity for 
simplicity and clarity in the directive's provisions. 
They propose just one overall category for leather, a 
category for natural textile products and one final 
category covering rubber and synthetic materials. In 
their view just three parts of the footwear article should 
be identified viz a) the upper, b) the sock and vamp 
lining, and c) the sole in order not to detract from the 
appearence of the shoes which are, of course, fashion 
objects. For its part the leather industry, represented 
by Cotance, has continously stressed the importance of 
differentiating between "leather" and "coated leather" in 
order to ensure conformity with existing internationally 
agreed definitions. 
The proposed directive is intended to strike a reasonable 
balance between the various viewpoints and have the twin 
merits of providing the consumer with essential informa­
tion without becoming too cumbersome or burdensome on the 
SMEs in the sector. 
ISSN 0254-1475 
COM (91) 529 final 
DOCUMENTS 
EN 10 06 
Catalogue number : CB-CO-91-592-EN-C 
ISBN 92-77-78944-1 
Office for Official Publications of the European Communities 
L-2985 Luxembourg