WRITTEN QUESTION E-1310/00

by Nicholas Clegg (ELDR) to the Commission

(27 April 2000)

Subject: Labelling of textiles

What provisions exist governing labelling requirements at European or multi-lateral level for textile products from non-EU countries? What steps does the Commission propose to

take to introduce improved and binding labelling requirements so that European consumers of non-EU textile products are furnished with more information on the country of origin and method of production of the textiles products they buy?

Answer given by Mr Liikanen on behalf of the Commission

(14 June 2000)

At European level, the only legal instrument relating to textile labelling is Directive 96/74/EC of the European Parliament and of the Council of 16 December 1996 on textile names(1), as amended by Commission Directive 97/37/EC of 19 June 1997(2). Textile products, irrespective of their country of origin, may be marketed within the Community only if they comply with that Directive, which provides for the correct indication of the fibre composition of textile products. Apart from that, Member States remain free to apply national provisions on the protection of industrial and commercial property, on indications of provenance, marks of origin and the prevention of unfair competition (Article 14), as long as such provisions are in conformity with the principles underlying the Community's internal market.

At multilateral level, no specific legislation on textile labelling exists. Any national legislation adopted in this area therefore has to be judged against the background of general World Trade Organisation (WTO) principles such as the non-discrimination rule. Furthermore, under the agreement on technical barriers to trade, WTO members must ensure that technical regulations do not create unnecessary obstacles to international trade.

Therefore, whilst WTO rules require that any compulsory labelling of origin requirement is applied in a non discriminatory manner to both Community and non-Community goods, a requirement to determine the precise country of origin at least within the Community would not be compatible with Community law.

As regards the specific case of origin marking, the Court of justice has ruled that the mandatory labelling of national origins (such as made in the United Kingdom) is inconsistent with Community law, since it has to be considered a measure having an effect equivalent to a quantitative restriction prohibited by Article 28 (ex Article 30) of the EC Treaty. Any origin marking requirement within the Community might prompt the consumer to give his preference to national products, and would thus have the effect of slowing down economic interpenetration in the Community(3).

In addition to those legal restraints, due account has to be taken of the likely impact of such measures on other parties, such as Community manufacturers, given that additional labelling requirements cannot be imposed on third countries only. The requirement to meet different sets of standards for different geographical markets would imply an administrative burden on manufacturers operating in global markets. The lack of mandatory labelling requirements in areas such as origin marking does, however, not prevent manufacturers from providing additional information on a voluntary basis.

While endeavouring to keep mandatory administrative requirements to a minimum, the Commission remains, of course, open to examine any suggestions for improvements to the existing labelling regime which might be put forward by interested parties.

(1) OJ L 32, 3.2.1997.

(2) OJ L 169, 27.6.1997.

(3) Case 207/83.