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
Date: 1992-03-06
Institutions: European Commission
Subjects: access to information, approximation of laws, consumer protection, footwear industry, labelling

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 
in  other 
Member  States. 

legislation 

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, 

HAS ADOPTED THIS DIRECTIVE : 

- 2 fcb 

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. 

-  3 -

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  C C N ' ). 

- 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. 

-  5  -

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, 

e t c . .)  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. 

- 6 -

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, 

- 7 -

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. 

-  8 -

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. 

- 9 -

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 

-  10 -

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 
BOJ 12  200 
share: 
15 x  BOJ  700 - 
Meeting  of  experts: 
BOJ 10  500 
Consultant  for  technical  assistance  {one month)  BOJ  6 300 

secretary 

for  one  year + 

7.2  Proportion  of  mini-budget  in  total  cost  of  operation. 
calculation. 

Explain  method of 
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 
Permanent  operation  principally  at  the  expense  of  the 
Member States 

(b) 

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) 

(b) 

(c) 

Cost: 
Modest 
Spin-off effect (impact beyond the specific 
objective(s)): 
Avoidance of complaints from economic operators 
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 

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