COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT  pursuant to Article 294(6) of the Treaty on the Functioning of the European Union  concerning the position of the Council on the adoption of a Regulation of the European Parliament and of the Council on textile names and related labelling of textile products
Date: 2010-12-08
Institutions: European Commission
Subjects: consumer information, labelling, product designation, textile product

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EUROPEAN COMMISSION 

Brussels, 8.12.2010 
COM(2010) 724 final 

2009/0006 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council on textile names and related labelling of textile products 

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2009/0006 (COD) 

COMMUNICATION FROM THE COMMISSION 
TO THE EUROPEAN PARLIAMENT 

pursuant to Article 294(6) of the Treaty on the Functioning of the European Union 

concerning the 

position of the Council on the adoption of a Regulation of the European Parliament and 
of the Council on textile names and related labelling of textile products 

1. 

BACKGROUND 

Date of transmission of the proposal to the European Parliament and 
to the Council 
(document COM(2009) 31 final – 2009/0006 COD): 

30 January 2009. 

Date  of  the  opinion  of  the  European  Economic  and  Social 
Committee: 

16 December 2009. 

Date of the opinion of the European Parliament, first reading: 

18 May 2010. 

Date of adoption of the position of the Council: 

6 December 2010. 

2. 

OBJECTIVE OF THE PROPOSAL FROM THE COMMISSION 

The  proposal  from  the  Commission  was  adopted  in  the  context  of  the  Better  Regulation 
initiative.  The  aim  of  the  proposal  is  to  simplify  and  improve  the  existing  regulatory 
framework for the labelling of textile products with a view to encourage the development and 
uptake of new fibres as well as innovation in the textile and clothing sector. In order to attain 
this overall objective, the proposal aims at: 

•  Facilitating  the  legislative  process  to  adapt  legislation  to  technical  progress  by 
transforming the three existing Directives into a single Regulation, which would 
avoid transposition of merely technical updates; 

•  Shortening the time between the submission of an application and the adoption of 

a new fibre name. 

3. 

COMMENTS ON THE POSITION OF THE COUNCIL 

3.1 General comments on Council’s position at first reading 

The Council welcomed the Commission’s proposal to simplify existing legislation on textile 
names and related labelling of textile products. Council’s position at first reading follows the 
lines of the original proposal; it introduced mainly additions and improvements to clarify the 
scope, refine the structure, provide clearer definitions and adapt the text to the latest legal and 
institutional developments.  

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The Commission welcomes the completion of first reading in the Council. It is important to 
recall  the  benefits  of  a  simplified  regulatory  framework  for  stakeholders  and  national 
administrations; therefore, for a more innovative textile and clothing sector, it is convenient 
that the new regulation is swiftly adopted. 

3.2 Outcome of Parliament’s amendments at first reading 

3.2.1. European Parliament amendments included in full, in part or in principle in Council’s 

position at first reading 

Council’s  position  at  first  reading  encompasses  a  vast  majority  of  technical  amendments 
introduced  also  by  the  European  Parliament  to  align  the  text  with  the  Treaty  on  the 
Functioning of the European Union and with the new legislative framework for marketing of 
goods1. Furthermore, it proposes formal modifications to clarify some of the provisions such 
as operational details or the responsibility of economic operators. 

It also includes the technical amendments that provide for further simplification by proposing 
a transition towards a standard-based system, where the detailed description of quantification 
methods should be replaced by references to European standards. 

Following the  entry into  force of the Treaty on the Functioning of the European Union, the 
Council introduced the necessary amendments to replace the initial provisions on comitology 
with the new set of rules implementing Article 290 of the Treaty. Whereas the amendments 
proposed  by  the  Parliament  limit  the  period  of  delegation  -  creating  a  "sunset  clause”,  the 
Commission  supports  the  amendments  proposed  in  Council’s  position,  which  foresee  the 
automatic renewal of the powers delegated to the Commission. 

The Commission endorses these technical amendments.  

3.2.2. European Parliament amendments not included in Council’s position at first reading 

The Council  considers  that  extending the  scope of the regulation is not compatible with the 
simplification  objective  of  the  original  proposal.  For  this  reason,  Council’s  position  at  first 
reading does not include any amendments to insert new provisions on origin marking or the 
indication of  the  presence  of  animal-derived parts. The Council would rather examine these 
matters  as  a  follow-up  exercise,  after  the  adoption  of  the  regulation.  The  Commission 
supports  origin  marking,  as  reflects  the  adoption  in  2005  of  a  proposal2  in  this  field, 
applicable  to  several  categories  of  imported  goods,  including  textile  products.  In  order  to 
facilitate an inter-institutional agreement the Commission could be flexible on this matter. 

Council’s position does not include a review clause; nevertheless, the Council has expressed 
support  for  a  broad  examination  of  labelling  requirements  of  textile  products  after  the 
adoption of the regulation. The Commission would support this approach. 

With regard to amendments on specific products – custom-made articles and textile toys, the 
Commission agrees with Council’s position, which keeps the existing provisions. 

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OJ L218, 13.08.2008, p. 21 – 47, p. 82 - 128 
COM(2005) 661 final  

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The Council acknowledges the importance of a full description of the fibres present in textile 
product; however, Council’s position maintains existing legal obligations in this field.  

Council’s position clarifies the language regime of the regulation. As regards the introduction 
of a language-independent symbol system, Council would rather not include new provisions 
at this stage and examine this possibility in the framework of the future review of labelling of 
textile products; the Commission would support this approach. 

3.3 New provisions introduced by the Council  

The Council has reviewed technical definitions as well as the use of the terms labelling and 
marking throughout the text. Council’s position at first reading also clarifies the procedure for 
authorisation of higher manufacturing tolerances and refines technical details of the annexes 
to the regulation. 

The Commission approves the main lines of these amendments. 

4. 

CONCLUSION 

The Council acted by a qualified majority. 

The Commission supports the main lines of Council’s position at first reading. Nonetheless, 
origin  marking  was  already  proposed  by  the  Commission  in  2005  for  a  range  of  goods 
including  textile  products  and  could  be  integrated  in  the  present  regulation.  Having  this 
objective in mind, as well as considering diverging views of co-legislators on the scope of the 
regulation, the Commission undertakes to facilitate the inter-institutional negotiation to reach 
an acceptable compromise for both co-legislators. 

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