CELEX: 51979PC0778
Language: en
Date: 1980-01-24
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 71/307/EEC on the approximation of the laws of the Member States relating to textile names (submitted to the Council by the Commission)

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COM (79) 778
Vol. 1979/0256
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          COM(79)778 final
                                                          Brussels , 24 January 1980
                            Proposal for a
                           COUNCIL    DIRECTIVE
 amending Directive 71 / 307/ EEC on the approximation of the laws of
              the Member States relating to textile names
                                                   ,„ U
                               r„:_
                                y- \ S®rli eu Secrétariat
                                V° :•      Général         "V
            ( submitted to the Counci I by the Commission )
C0M(79 ) 778 final
 ---pagebreak---                PRO PO BAI . POR A CCUÌJCIL DIRECTIVE AKEHDING
           DIRECTIVE 71 /3O7/ SEC OH THE APPROXIMATION OP THE
            LAWS OP THE MEMBER STATES RELATING TO TEXTILE
                                    NAMES
EXPLANATORY MEMORANDUM
Council Directive 7l/307/EEC , which introduced compulsory uniform
labelling of textile products on the basis of their fibre content
( both quantitative and qualitative ), made it possible to bring
about the free movement of these products within the common
market , something which had previously been difficult and often
hampered by differences in national laws . It also ensured to a ereat
 •xtent the information of the consumers who are today able to
ascertain the composition of the articles available for sale .
It has emerged , however , that there are many differences m the
application and interpretation of this Directive , which has been
transferred almost word for word into national law in most of the
Member States .  -
There is a serious risk that , by introducing new barriers , these
differences will restrict the free movement of textile products .
What is more , information for consumers is often reduced or
jeopardized while in some cases the industry encounters difficulties .
The main reasons for this situation are as follows :
(a)    the very broad nature of the Directive which , although drafted
       mainly with traditional textile products in mind , in fact
       applies to all textile articles and is therefore ill suited
       to the new products gradually taking over large shares of
       the market , some of which should either be excluded from its
       scope ( e.g. disposable products ) or covered by special measures
       ( e.g. non-woven products );
 ---pagebreak---                                       - 2 -
( b ) the incomplete nature of the Community regulations , as is
      shown by the numerous additions provided ^or in the Directive
      and the Council statements relating to it : additional
      provisions essential for the implementation of the system have
      been adopted directly by legislators in some of the Member States ,
      thus introducing distortions in the movement of textile products
      in the Community ;
( c ) the ambiguous and general nature of some of the definitions
      or exceptions which have frequently been applied and interpreted
      differently by industry and the authorities in the Member States ;
( d ) the inadequate nature of some of the provisions which do not
      make sufficient allowance for the typical features of some
      branches of the textile industry or marketing practices for
      certain products , and the lack of provisions applicable to
      new production techniques , the new products marketed , etc . -
      these problems have often been overcome in different ways
      in the Member States ;
( e ) mistakes that had crept into the text of the Directive , discrepancies
      between the various versions and the inaccuracy of the technical
      terminology used ; as a result different practices and laws
      have also grown up in the common market .
This proposal is designed to eliminate these drawbacks as far as
possible by means of amendments to Directive 7l / 307/EEC . The
amendments relate mainly to points which have been brought up as
a matter of urgency by the Member States , industry and consumers and
to problems revealed by the complaints and numerous requests for
consultation received by the Commission .
1
  Statements entered in the minutes of the Council meeting at which the
Directive was adopted ( Document R/ 1 495 /7 1 ( ECO 151 ) ev of 16 July 1 97 1 ) •
 ---pagebreak---                                     - 3 -
In addition the revision of Annexes III and IV referred to in Council
Statement No 8   has been carried out and amendments have "been made to
some of the provisions so as to clarify or modify their scope , the
terminology used or the translations in the various Community languages .
The necessary comments on the articles in the proposal are set out below .
                                 Article 2
First indent
Amendment of a technical nature introduced to make allowance for the
form of the textile fibre which is not always round .
Second indent
See second recital : this amendment is designed to extend the concept
of textile fibres to fibres manufactured by a technique other than the
traditional direct extrusion from the spinneret .
                                 Article 3
Paragraph 2
The expression "main fibres" which appears in Article 6(2 ), first
paragraph , on the labelling of textile mixtures is interpreted
differently in the Member States : consequently identical products
may be labelled differently , thus introducing technical barriers to
trade and providing incorrect and often inadequate information for
the European consumer .                                       .
The amendment proposed to eliminate these differences resulting from
inconsistencies in the present text stipulates that at least the
percentages of the two main fibres in quantitative terms must be given :
 See page 2 , footnote 1 .
 ---pagebreak---                                     - 4 -
since the textile mixtures on the market rarely contain more than four
different fibres , this compromise should , in most of the cases arising ,
ensure efficient and substantially complete information for consumers
on the composition of these products while at the same time eliminating
the abovementioned barriers to their movement within the common market .
Paragraph 4
With textile mixtures it is not always possible to avoid during the          ,
manufacturing process a slight variation in the percentages by weight
of the fibres used as stated on the label .   Because of this a
manufacturing tolerance of y/o is justifiably permitted by the existing
text of- Article 6(4 ).
In addition , for these products as well as for products consisting of
a single fibre it is impossible in the manufacturing process to rule
out the possibility that other fibres present , for example , in the
air or in the machinery used for weaving , spinning etc ., might
accidentally enter the product .
A tolerance for these other fibres is already permitted by Article 4(2 )
of the Directive , but solely for products consisting of only one
fibre . In the absence of a specific provision on these lines , the
inspection authorities in some Member States apply this tolerance
to mixtures as well on the basis of a broad interpretation of
Article 4 going beyond the letter of the law.     '
To prevent technical barriers being created by this approach , which
although legally incorrect is justified in substance , the proposed
amendment specifies a tolerance for other fibres of 2% for combed
products and 5f° for carded products .
On analysis , this tolerance may not be cumulated with the yfo manufacturing
tolerance already permitted unless these other fibres prove to be of
the same type as one or more of the fibres directly incorporated in
the product and shown on the label : in such cases it is not possible
to distinguish these other fibres from the fibres of which the product is composed
 ---pagebreak---                                      - 5 -
and. "the inspection authority can do no more "than verify where
necessary, by reference to the same manufacturer's other products^
whether this constitutes a fraudulent routine addition contrary to
the law .
The possibility of fraud appears no more than theoretical since it
would be too risky for the manufacturer , who has no way of knowing
in advance whether and to what extent other fibres may genuinely
enter the product by accident .
Paragraph 5
Article 6(5 ) of the Directive relates to the labelling of textile
articles incorporating a mixture of various textile materials ( new
fibres , waste from other manufacturing cycles and recovered fibres ),
the composition of which cannot in practice be known either partially
or totally at the time of manufacture : the abovementioned textile
materials , with the exception of new fibres , are collected in extremely
varied lots the composition of which is also impossible to ascertain .
This provision , which constitutes an exception in the Directive , causes
considerable difficulties for the carding industry which has urgently
requested that it be amended as there is a risk that it will cause
distortions of competition .
These difficulties result partly from the derogatory nature , in some
languages , of the expressions which according to the Directive have
to appear on the labels of these products and partly from the fact
that the manufacturer is not allowed to state on the label the name
and percentage of the fibres known at the time of manufacture and
incorporated in the textile article .
Article 3(5 )     this proposal lays down a uniform solution to these
problems which the British legislator has already solved unilaterally.
Prom the linguistic aspect , it should be noted that the English
expression "mixed fibres", which is "residus textiles " in the
French text , becomes in Italian "fibre miste ": this is because in
 ---pagebreak---                                     - 6 -
the technical terminology of that Member State the expression
"residui tessili " appearing in the current text of the Directive
refers only to manufacturing waste that cannot be used for textile
applications .
                                 Article 4
According to the Directive and the relevant technical terminology , the
expression "tolerance " refers to cases ( Articles 4(2 ), 5(3 ) and 6 ) in
which percentage variations "between the fibres making up the product
or the addition of other fibres are accidental and cannot be foreseen
by the manufacturer .
In the case of decorative fibres referred to in Article 7 » however , the
permissible percentages of these fibres are deliberately incorporated in
the product during manufacture . The incorrect use of the term
"tolerance " in this Article causes difficulties in the interpretation
and application of other important provisions of the Directive .
This proposal recommends the necessary amendments m that respect ;
it also extends the concession in Article 7 "to fibres incorporated
in the product in order to obtain an anti-static effect provided that
they do not exceed 2% of the weight of the product .
                                 Article 5
The amendments to Article g.2. O proposed here are designed to
maintain , as far as is allowed by Article 30 et seq. of the Treaty ,
the right of Member States to require that textile products sold on
their territory also be labelled in their national language .
This right is recognized only in so far as it is necessary for consumer
information and consequently must not be exercised for textile fibre
names which in the various language versions have negligible differences
that do not prevent the final consumer from understanding them .
 ---pagebreak---                                      - 7 -
In some Member States , however , the abovementioned right is interpreted,
broadly , sometimes in support of general regulations designed to protect
the national language . This interpretation , which conflicts with the
letter of the law , entails pointless costs for industry and thus
indirectly for the consumer and creates obstacles to movement which
because of the widespread nature of this practice and the large number
of cases that arise could not effectively be removed by resorting to
the procedure in Article 1 69 of the Treaty.
The necessary harmonization in this respect is brought about by the
combination of Article 5 and. Annex V of this proposal which specify
those of the names appearing in Annex I that may be expressed in a
single Community language .
A similar provision has been proposed , because of the limited size of
small items ( bobbins , reals , etc *) of sewing , mending
and embroidery yarns sold retail ; this allows individual items to be
labelled in one of the Community languages only . As these items are
sold on displays which exhibit inclusive labelling of the fibre
composition in all languages , adequate information for the consumer
is ensured .
                                  Article 6
This proposal is designed to lay down uniform special rules for the
labelling of certain textile articles ( corsetry, embroidered or
etch-printed articles , velvet or plush textiles , etc .) which, although
apparently made up of different components , must be excluded from the
provision in the second sentence of Article 9 ( 1 ) stating that labelling
is not compulsory for components representing less than 30% of the
total weight of the product .
Because the term "component of a textile product" used in Article 9 (0
is so vague , these products are at present labelled in a variety of
ways as a result of which the consumer is sometimes not correctly
informed .                                                          ,
 ---pagebreak---                                   - 8 -
The provisions in this Article are designed , amongst other things ,
to reaffirm the general principle , often challenged in practice , that
the whole product must he labelled and to lay down in precise terms
the permissible exceptions , in keeping with the other provisions
of the Directive and in particular Article 12 , which contain
 exceptions to this principle for a variety of reasons .
With regard to the products covered by section ( f ) ( floor coverings
and carpets ), the labelling of which according to current practice
is limited to the use-surface , this exception is due to precise
technical manufacturing requirements and to the fact that the
consumer is less interested in knowing the fibre composition of
the non–visible part of these articles that is not directly used .
The expression in ( e ) "textiles imitating or resembling velvet or
plush " refers , for example , to needle-punched or garnetted textiles ,
sponge fabrics , etc .
                               Article 7
Since the Directive contained no precise provision on the subject ,
the labelling of textile articles sold by the metre or in cut
lengths has given rise to numerous problems in the Comn unity as
regards both the movement of these products and consumer information .
Some Kember States have unilaterally passed specific legislations
on the subject .
Since it is technically difficult and costly to label each metre or
cut length , this proposal stipulates , in order to avoid barriers to
trade in these products , that the fibre composition need be shown
only on the length or roll from which they are cut .
For the purposes of consumer information , however , the purchaser must
be able to acquaint himself with the composition of these products :
in practice the inclusive labelling on the roll or package is not
always shown to the purchaser or displayed in such a way that he
can actually obtain this information .
 ---pagebreak---                                 - 9 -
Consequently this proposal imposes on "easber States an obligation
to obtain a specific result , which they can do by the procedures
and criteria that they consider most appropriate . This provision
is also applicable to the products referred to in Annex IV which ,
for the same legal reasons as are applicable to the above mentioned
textile articles , may be offered for sale under an inclusive
label without being labelled individually .
                       Articles 3 and 9
The existing text of Article 12 of the Directive has frequently
resulted in numerous major difficulties of interpretation and
application for the following reasons :
–  it is addressed simultaneously , in a manner and to an extent
difficult to ascertain , to the manufacturer (determination of
the items or components of the product which he need not take into
account for labelling purposes ) and to the analyst ( determination
of the operations to be carried out for analytical verification );
– the highly technical terminology used to denote the various
items of textile products is sometimes incorrect , is not uniform
in the different languages and does not always correspond to the
terms used for the same items in other provisions of the
Directive ;
–  some items that need not be labelled or that are to be removed
before analysis have not been taken into consideration ;
–  the necessary references to other articles of the Directive are
not always given and this makes the provision rather obscure .
Under these conditions , it was thought necessary to divide the
content of this Article into two parts in this proposal : the first ,
consisting of Article 6 , specifies the items that do not have to
be taken into account in labelling and the second , in Article 9 »
lays down the operations to be carried out for analytical
verification .
 ---pagebreak---                                  - 10 -
The necessary additions and amendments to Article 12 are contained
in Article 8 , on which the following explanations are given :
-   " edgings and trimmings not forming an integral part of the
product " ( paragraph 1(a )) are those which are sewn or applied to
the textile article ( e.g. fringes on curtains , bedspreads , etc .):
the second sentence of Article 9(1 ) is applicable to these items ;
-   " elastic threads and bands ..." ( paragraph 1(a )) are , for
example , easily isolated elastic threads in the tops of socks ,
stockings , etc . and elastic bands around the waist of underpants ,
briefs , etc .;
-   fillings intended to confer warmth ( paragraph 1(d )) include ,
for example , those used in anoraks , eiderdowns , etc .;
- the base or underlying fabrics referred to in paragraph 1(d )
include in particular those in articles of clothing ( e.g. in
jacket and coat collars , etc .); these overlap to some extent with
stiffenings and reinforcements .
-   examples of stiffenings and reinforcements for the purposes of
the second indent in paragraph 1(d ) are those applied to jacket
elbows , to riding breeches , inside ties , etc .
                                Article 10
To ensure effective implementation of the system introduced by the
Directive , numerous complementary measures of a strictly technical
nature have to be laid down uniformly and as quickly as possible .
In the absence of these measures , those to whom the Directive is
addressed will apply , often decisively , fundamental obligations and
provisions established in this field . In addition , because of this
lack of legislation at Community level , the Member States often
have to adopt the necessary measures unilaterally , obviously with
harmful effects on the degree of harmonization attained in the
textile sector and on the free movement of products .
 ---pagebreak---                                       11 -
  So as to ensure that the essential administration of the Directive
  is carried out . efficiently , Article 10 of this proposal
  stipulates that the "Committee" procedure , already laid down in
  Directive 72/ 276/EEC for the adaptation to technical progress of
  methods of textile analysis , be extended to the various separate
  directives of a technical nature required in the sector and to
  their adaptation to technical progress .
                                  Article 11
  This Article proposes technical , terminological and linguistic
  amendments to Annex X containing the names and technical
 descriptions of textile fibres .
                                  Article 12
 Terminological and drafting amendments and adjustments to Annex II
 of the Directive .
                                  Article 13
 The Council made direct provision for the revision of Annex III
 when the Directive was adopted^*
 This Annex is one of the most difficult points in the regulations
 on the subject since it makes provision , as regards the scope
 of the Directive , for exceptions to the general rule laid down
 in Article 8 that all textile products must be labelled . These
 exceptions have to be specified precisely and exhaustively so as
 to rule out any possibility of extended and differing .
 interpretations in national laws and the list must be as complete
as possible so as to rule out the possibility that textile products
 for which labelling is not justified might nevertheless be covered
 by the labelling obligation .
1
   See page Z% footnabe 1
 ---pagebreak---                                  - 12 -
These conditions do not appear to have been fully satisfied by the
existing text : as a result textile products of the same type axe
not all treated in the same way as regards labelling in the
Community .
Consequently this proposal lays down amendments to Annex III
relating mainly to the following points :
( a ) Disposable articles
There is no real need to know the fibre composition of products
which can be used only once and are then thrown away .
What is more , these products ( e.g. sanitary towels , handkerchiefs
and other disposable articles ), of which there are an increasing
number on the market and for which no normal restoring operation
(washing, ironing, etc .) can be used , are in almost all cases
non-woven textiles and for this reason , as well as the
technological characteristics of their composition , pose almost
insurmountable problems as regards labelling and verification by
analysis .
For these reasons , a new item 36 "disposable articles " has been
included in Annex III , together with a definition of these
articles .
(b ) Articles subject to the rules of the European Pharmacopoeia
      and orthopaedic articles :  bandages for medical use
The new item 37 in the Annex exempts the above mentioned     products
from labelling :  it covers a fairly small number of re–usable
articles (the corresponding disposable articles are already
exempted by item 36 referred to in ( a ) above ) which , because of
their characteristics and in particular the use for which they
are intended , have to meet precise performances which have little
or nothing to do with their fibre composition ; for the articles
covered by the European Pharmacopeia , these performances are
already compulsorily specified in that publication .
 ---pagebreak---                                   - 13 -
( o ) Articles of a kind commonly used in machinery or plant
The existing text of Annex III makes provision in item 16 for the
exemption from labelling of "articles of a kind commonly used in
machinery or plant ".
In all but the English' version , this expression ("articles pour
usages techniques "), taken from the technical literature where it
covers in generic fashion a whole range of products with a variety
of technical functions but having elements in common , may because
of its ambiguous and over-general nature be interpreted in very
different ways and consequently is unacceptable in a legal context
such as a Directive where legal certainty calls for the precise
limitation of exceptions to the basic principle of labelling .
The expression may be taken to apply , to a varying extent , both to
articles that are normally intended for technical use ( e.g. those
used in industry ) and to numerous consumer products having various
types of technical functions . The former category need not be
labelled as it is of no interest to the consumer , whereas for the
second category it is necessary to distinguish the cases in which
labelling is or is not useful to the consumer .
The English version of the Directive contains a definition ,   "articles
of a kind commonly used in machinery or plant " which differs
completely from the wording discussed above appearing in the other
language versions .   This genetic difference in the established
Community law on the subject clearly confirms the difficulties of
interpretation raised by the current wording of item 1 6 .
Under these conditions it was essential to amend this wording by
specifying the products to be exempted from labelling in a
comprehensive fashion that would have the same significance in all
national laws .
 ---pagebreak---                                   - 14 -
For reasons of drafting , the necessary amendments have been set out in
five different items ( 38 to 42 ):
 (a)   The textile articles referred to in items 38 and 39 have a
purely instrumental function in the manufacture , processing or
operation of other products and therefore with rare exceptions
do not constitute final consumer products : they are products
genuinely intended for technical use , they are used mainly in
industry and other similar sectors and are also purchased solely on
the basis of particular technical specifications normally laid down
in cohtractual clauses or terms and conditions of supply . The cases
covered by these two items correspond , although with greater accuracy ,
to products covered by the abovementioned definition in the English
text of the Directive .
 (b)   Item 40 covers all textile articles used for personal
protection and safety . Most of these products are covered by
specific laws which lay down , often in compulsory fashion , their
characteristics and performances ; generally speaking , in principle
composition labelling is of no interest to their users (who are
rarely consumers in the accepted sense ) and in the rare instances
where it is necessary it is laid down by those laws amongst the
other conditions to be met .
 ( c ) The articles covered by item 41 ( sports halls , exhibition
stands ) are sophisticated products which could not be purchased
without information on their precise specifications and performances ,
and the fibre composition is certainly not the most important
factor ; in any case , when it is necessary to know this composition ,
it is given in the assembly and maintenance instructions that always
accompany the product .
( d ) Items 40 and 41 above have one characteristic in common which
they also share with the new item 42 ( sails ): they are not consumer
articles in the accepted sense of the word and on the rare occasions
when a member of the public buys them he does so as an expert or
technician so that composition labelling is not required .
 ---pagebreak---                                - 15 -
                             Article 14
The Council also made provision for Annex IV to be revised .
Items 15-19 in this Article cover new cases of products which ,
because of their negligible economic importance , small size or
special characteristics , should be exempted from compulsory
individual labelling and be subject solely to inclusive labelling .
                            Article 15
See comments on Article 5 «
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES.
Having regard, to the Treaty establishing the European Economic Community,
and in particular Article 100 thereof;
Having regard to the proposal from the Commission ;
Having regard to the opinion of the European Parliament ;
Having regard to the opinion of the Economic and Social Committee ;
                                                             1
Whereas certain provisions of Council Directive 71 / 307/ EEC have given rise
in the Member States to differences of interpretation and
application prejudicial to the free movement of textile goods and
to consumer information within the meaning of that Directive ;
whereas those provisions must therefore be amended, or supplemented,
and all discrepancies of terminology resulting from the various
language versions of the Directive eliminated;
Whereas the term "textile fibre " must be extended to include strips or
tubes with an apparent width of not more than 5 mm » which are
cut out from sheets manufactured by extrusion of the polymers
 listed under Items 17 to 36 and Item 39 of Annex I, and subsequently
 drawn out lengthwise;
 Whereas the tolerance in respect of " other fibres", which has
 already been laid down for pure products, must also be applied to
mixtures ;
                          /
                                 I
 Whereas, in cases where it is technically difficult to specify
 the composition of a product at the time of manufacture, any fibres
 known at that time may be stated on the label provided that they
 account for a certain percentage of the finished product ;
  OJ No L 185 , 16.8 . 1971 / p. 16 .
 ---pagebreak--- Whereas , as far as Articles 30 et seq .      of the Treaty allow
the Member States to require that the        names of fibres shall be
expressed in their national language ( s ) , this option should not be ex­
ercised for names with slight Linguistic     differences ;
whereas it is therefore necessary to determine the names that may
be expressed in only one Community language ;
Whereas it is expedient , in order to avoid the differences of
application that have arisen in this connection in the Community ,
to specify the exact methods of labelling certain textile products
composed of two or more components , and also the constituents of
textile products that need not be taken into account for purposes
of labelling and analysis ;
Whereas textile products subject only to the requirement of
inclusive labelling, and those sold by the metre or in cut lengths ,
must be offered for sale in such a way that the consumer can fully
acquaint himself with the particulars affixed to the overall
packaging or the roll , and whereas it is for the Member States
to decide on the measures to be adopted for this purpose ;
Whereas, when Directive 71 /307/EEC was adopted , the Council provided
 for the amendment of Annexes III and IV to that Directive ; whereas
 those Annexes should therefore be amended , as required
by the exceptional nature of the items referred to therein, and to
add other products exempt from labelling, in particular " disposable "
products or products for which only inclusive labelling is required;
Whereas the provisions necessary for the determination and the
adaptation to technical progress of the methods of analysis and
sampling, the methods for the recognition and removal of added
substances , and the special tolerances for certain textile products
are implementing measures of a strictly technical nature ;
whereas it is therefore necessary to apply to those measures , and
to the measures for adapting Annexes I and II to the Directive
to technical progress , the committee procedure already laid down
in Article 6 of Council Directive 72/ 276/ EEc'' on the analysis of
binary mixtures ;
HAS ADOPTED THIS DIRECTIVE:
  OJ No L 173 - 31.7.1972 , p. 1
 ---pagebreak---                                         Article 1
     Council Directive 71 / 307/ EEC shall be amended as follows :
1 . Article 2(2) shall read as follows :
2 . For the purposes of this Directive , "textile fibre" means :
    - a unit of matter characterized by its flexibility, fineness
        and high ratio of length to maximum transverse dimension,
        which render it suitable for textile applications ;
    - flexible strips or tubes , of whioh the apparent width does
        not exceed 5 ™n» including strip cut from wider strips or films,
        produced from the substances used for the manufacture of the
        fibres listed under Items 17 to 36 and 39 in Annex I
                   and suitable for , textile applications ; the apparent
        width is the width of the strip or tube when folded, flattened,
        compressed or twisted, or the average width where the width
        is not uniform ."
 2 . Article 6(2), ( 4) and ( 5 ) shall read as follows
'2 . A textile product composed of two or more fibres, none of which
     accounts for as much as 85% of the total weight , shall be designated
     by the name and percentage by weight of at least the two main
     fibres followed by the names of the other constituent fibres in
     descending order of weight , with or without an indication of their
     percentage by weight .   However ,
     ( a) fibres which separately account for less than 10% of            ^Jes'
           of a product may be collectively designated by the term other fibres ,
           followed by the total percentage by weight ;
     ( b ) where the name of a fibre which accounts for less than 10% of the total
           weight of a product is specified, the full percentage composition of
           that product shall be given .
 ---pagebreak---                                     - 4 -
 '4 .    In the case of textile products intended for the end consumer ,
in the percentage compositions specified in Article 5(2)(b ) and in
paragraphs 1 , 2 f 3 and 5 of the Article ,
( a) up to 2io by weight of other fibres shall be tolerated, provided
       that this quantity is justified on technical grounds and is
       not added as a matter of routine ; this tolerance shall be
       increased to 5% in the case of products which have undergone
       a cafding process ;
( b ) a manufacturing tolerance of 3$ shall be permitted between
       the stated and real fibre percentages in relation to the
       total weight of fibres shown on the label ; such tolerance shall
       also be applied to fibres which ,, in accordance with paragraph 2
       are listed in descending order of weight with no indication of
       their percentage .
On analysis , these tolerances shall be calculated separately; the
total weight to be taken into account in calculating the tolerance
referred to in point ( b ) shall be that of the fibres of the
finished product less the weight of any other fibres
      found when applying the tolerance referred to in point ( a).
The addition of the tolerances referred to in points ( a) and ( b )
shall be permitted only if the other fibres found by analysis ,
when applying the tolerance referred to in point ( a), prove to
be of the same type as one or more of the fibres shown on the
label .
In the case of particular products for which the manufacturing
prooess requires tolerances higher than those given in points ( a )
and ( b ) above, higher tolerances may be authorized when the
conformity of the product is checked pursuant to Article 13(1 )
          only in exceptional cases and where sufficient justification
is provided by the manufacturer .      Member States shall notify
the Commission forthwith in order that such cases may if necessary be
regulated in a uniform manner by separate directives in accordance
with the procedure laid down in Article 6 of Council Directive
72 / 276/ EEC ."
 ---pagebreak---    5.     ( a) The terms "mixed fibres" or "unspecified textile
               composition" may be used for any product the composition
               of which cannot easily be stated at the time of
               manufacture .
          (b)  Where one or more of the fibres of which the products
               referred to in point ( a) are composed are known as to
               quality and quantity at the time of manufacture , they
               may be indicated by name and their percentage
               composition mentioned, provided that they constitute
               not less than 40% of the finished product     in this
               case the inscription on the label shall state first
               the percentage of "mixed fibres" or of "unspecified
               textile composition" and then the percentage of the
               known fibre or fibres followed by the word "minimum".
                The sole purpose of analysing these textile products
                shall be to determine whether , having regard to the
               tolerances specified in this Directive , they contain
               a percentage of known fibres not less than that
               stated on the label ."
3 . Article 7 shall read as follows t
    " Article 7
      Without prejudice to the tolerances laid down in Article 4(2),
    Article 5(3 ) and Article 6(4), visible, isolable fibres t&ich are
    purely decorative and do not exceed 7% ot the weight of the
    finished product need not be mentioned in the fibre compositions
    provided for in Articles 4 and 6; the same shall apply to fibres
    ( e.g. metallio fibres) which are incorporated in order to obtain
    an anti-static effect and which do not exceed 2% of the weight
    of the finished product ."
 ---pagebreak--- Article 8(2)(c )    snail be amended as follows :
– The present subparagraph shall be preceded by the phrase
   " Subject to the provisions of Article 30 et seq . of the Treaty,
   Member States ..." and supplemented by "... except in the case
    of the names listed in Annex V , which may be expressed in
    only one of the various forms given in that Annex".
– A new subparagraph shall be added:
   " In the case of bobbins , reels , skeins , balls or any other small
   quantity of sewing, mending and embroidery yarns , the right
   provided for in the preceding paragraph may be exercised by the
   Member States only in the case of inclusive labelling on
   packaging or displays .     Without prejudice to the cases referred
   to in point 18 of Annex IV , individual items may be labelled
   in any one of the Community languages ."
Article 9 shall be supplemented by the following paragraph :
"3 .   Without prejudice to the provisions of Article 12 ,
( a ) The fibre composition of the following corsetry articles
      shall be indicated by stating the composition of the
      whole product or that of the components listed below either
      inclusively or separately :
      For brassieres :   the outside and inside fabric of the cups
                         and back;
      for corsets :      the front , rear and side stiffening panels ;
      for corselets :   the outside and inside fabric of the front
                        and rear stiffening panels and the side panels .
      The fibre composition of corsetry articles other than those
      listed in the previous subparagraph shall be indicated by
      stating, either inclusively or separately , the composition
      of the various components of the articles ; such labelling
      shall not be compulsory for components representing less
      than 10/fc of the total weight of the product .
 ---pagebreak---                                      - 7 -
      The separate labelling of the various parts of the corsetry articles
      referred to above shall be carried out in such a way that the end
      consumer can easily understand to which part of the product the
      particulars on the label refer .
( b ) The fibre composition of etch-printed textiles shall be given for
      the product as a whole and may be indicated by stating , separately
      and by name , the composition of the base fabric and that of the
      etched parts where these two constituents are made up of different
      fibres .
( c ) The fibre composition of embroidered textiles shall be given for
      the product as a whole and may be indicated by stating , separately
      and by name , the composition of the base tissue and that of the
      embroidery yarn where these two constituents are made up different
      fibres ;   if the embroidered parts amount to less than 10$ of the
      surface of the product , only the composition of the base fabric
      need be stated .
                                                                     I
( d ) The fibre composition of spun yarns/ consisting of a core and a cover
      made up of different fibres, shall be given for the whole of such
      yarns and may be indicated by stating the composition of the core
      and the cover separately and by name .
( e ) The fibre composition of velvet and plush textiles or of textiles
      imitating or resembling velvet or plush shall be given for the
      whole product and , where the product comprises a ground and a
      use-surface composed of different fibres , may be stated separately
      for these two parts , which must be mentioned by name .
      For the purposes of this Directive , " plush*' means a fabric with a
      long , flattened pile .
( f ) The composition of floor coverings and carpets of which the
      substrate and the use-surface are composed of different fibres
      may be stated for the use–surface alone , which must be mentioned
      by name ."                                                  V
 ---pagebreak--- 6 . Article 10 shall be amended as follows :
    - A new point ( c ) shall be added to the present paragraph :
       " The composition of textile products sold by the metre or in
         cut lengths need "be shown only on the length or roll offered
         for sale ."
    - A second paragraph shall be added :
       "Member States shall take all necessary steps to ensure that
         the products referred to in points ( b ) and ( c ) of the first
         paragraph are offered for sale in such a way that the end
         consumer can fully acquaint himself with the composition of
         the products ."
7 . Article 12 shall read as follows :
    " Article 12
      For the purposes of applying Article 8 ( 1 ) and the other provisions
    of this Directive relating to the labelling of textile products , the
    fibre percentages referred to in Articles 4 t 5 and 6 shall be determined
    without taking account of the items listed in paragraphs 1 and 2 below .
    1 . ( a)  For all textile products :
              non-textile parts , selvedges , labels and badges , edgings and
              trimmings not forming an integral part of the product ,
              buttons and buckles covered with textile materials ,
              accessories , decorations , non-elastic ribbons , elastic threads
              and bands added at specific and limited points of the product ,
              and , in the proportions specified in Article 7 » visible ,
              isolable fibres which are purely decorative and/or anti­
              static .
 ---pagebreak---                                      - 9-1
   ( b ) For floor coverings and carpets : all components other than the
           use-surface .
   ( c ) For upholstery fabrics and curtains : binding and filling warps
           and wefts which do not form part of the use-surface .
           For the purposes of this provision , the use-surface of curtains
           means the right side of the fabric constituting the textile
           product .
         ι                                        .     ■                 «
   ( d ) For textile products other than those referred to in ( b):
           base or underlying fabrics , stiffenings and reinforcements ,
           interlinings and. canvas backings , stitching and assembly
           threads unless they replace the warp and/or weft of the
           fabric , fillings unless their function is to confer warmth ,
           and , subject to the provisions of Article 9(1 )» linings .
           For the purposes of this provision :
           – the base or underlying fabrics of textile products which
             serve as a backing for the use-surface , in particular in
             blankets and double fabrics , and the foundation textures
             of velvet or plush fabrics and kindred products shall
             not be regarded as backings to be removed ?
           - " stiffenings and reinforcements" mean the yarns or
             materials added at specific and limited points of the
             textile products to strengthen them or to give them
             stiffness or thickness .
2.   Fatty substances , binders , sizings , dressings , additional dyeing
     and printing products and other textile processing products . In
     the absence of separate directives on the subject , the Member States
     shall take all necessary measures to ensure that the items listed
     in this paragraph are not present in quantities liable to mislead
     the consumer ."
 ---pagebreak---                                         - 10 -
8 „ Article 13 shall read as follows :
      " Article 13
       1*  checks on whether the composition of textile products is in
           conformity with the information supplied in accordance with
           this Directive shall be carried out by the methods of analysis
           specified in the Directives referred to in paragraph 2 .
           For this purpose , the fibre percentages in Articles 4 , 5 and
           6 shall be determined by applying to the anhydrous mass of
           each fibre the appropriate conventional factor laid down in
           Annex II, after having removed the items referred to in
           Article 12(1 ) and ( 2 )."
       2.   Separate directives will specify the sampling and analysing
            methods to be used in all Member States to determine the fibre
            composition of products covered by this Directive ."
9 . The following Article 15a shall be inserted :
    " Article 15a
      1.   The amendments necessary for adapting Annexes I and II to the
           Directive to technical progress shall be adopted in accordance
           with the procedure laid down in Article 6 of Directive 72/276 /EEC .
            The following shall also be determined by that procedure :
           – the methods of analysis for textile ?products not covered by
              Directives 72 /276 /EEC and 73/44/EEC ;
    1
      Council Directive 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 COJ No L 173, 31.7.1972 , p. 1 ).
      Council Directive of 26 February 1973 on "the approximation of the   laws of
      the Member States relating to the quantitative analysis of ternary fibre
      mixtures COJ No L 83 , 30.3.1973 , p. 2 ).
 ---pagebreak---                                   11 -
    - the methods of sampling , the special tolerances needed for
      certain products , the methods for the recognition and
      removal of added substances .
3 - The name of the Committee referred to in Article 5 of
    Directive 72/276/EEC shall become the "Committee for
    Directives relating to Textile Names and Labelling ".
                                                             s
 ---pagebreak---                                           - 12 -
 10 . Annex I shall be amended as follows :
( a ) The following general definition shall be inserted immediately below the
       title " TABLE OF TEXTILE FIBRES ":
      "For entries relating to synthetic and artificial fibres , the generic
        names given in the second column relate      to fibres comprising not
        less than 85% of the polymer described in the third column ."
( b ) The following items shall be amended as follows :
      1 and 2 .    A footnote reference 1 shall be inserted after the text
      relating to these items in the second column headed "Name ".
      The footnote reference '\ f which now appears after the word " guanaco
      in the second column of Item 2 shall be deleted .
      2.    Under " fibre description",
                the word " mohair " shall be replaced as follows :
                    - in the French text by " chevre angora ";
                    - in the Italian text by " capra angora";
                    - in the German text by " Angoraziege ";
            –   in the Danish text the word " angoraged" shall be added after
                the word "Kashmirged" ;
            –■  in the Dutch text the word "mohair" shall be deleted .
      9.    Jute :   The fibre description shall read as follows :
          - " Fibre obtained from the bast of Corchorus olitorius and Corchorus
              capsular is . For the purposes of this Directive , bast fibres
              obtained from the following species shall be treated in the same
             way as jute : Hibiscus cannabinus , Hibiscus sabdariffa, Abutilon
              abicennae , Urena lobata , Urena sinuata , Crotalaria juncea ."
 ---pagebreak---                                          - 13 -
    14 *  Kenaf and 16a . Sunns
           These names shall be deleted *
    20 .  Modal :   The fibre description shall read as follows :
           •'Regenerated cellulose fibre obtained "by processes giving a
           high tenacity and high wet modulus . These fibres should be
           able to resist in the wet state a load of 22*0 cET per tex .
          Under this load their elongation in the wet state should not
          be greater than 15$* M
    21 •  Footnote reference 3 after the word " protein" in the second
          column headed "Name " shall be amended to 2 *
    25 *   Chlorofibre :  The fibre description shall read as follows :
          "Fibre formed of linear macromolecules having in their chain
          more than 50% by mass of chlorinated vinyl or chlorinated
          virylidene monomer ic units ."
    28 .  Hylon :   The name shall read "Polyamide or nylon".
    32 .  Polycarbamide :   The fibre description shall read as follows :
          "Fibre formed of linear macromolecules having in the chain
          the recurring ureylene ( iJH-CO-NH) functional group ."
    37 •  Elastane :   In the Dutch text the name shall be amended to read
          "Elastaan".
( c)Footnote 1 shall read as follows :
    "^ The name "wool" in Item 1 of this Annex may also be used to indicate
       a mixture of fibres from sheep 's or lambs * fleeces and the hairs
       listed in the third column of Item 2 . This provision is applicable
       to the textile products listed in Articles 4 and 5 and to those
       referred to in Article 6 , provided that the latter are partly
       composed of the fibres listed in Items 1 and 2 of this Annex ."
 ---pagebreak---                                          - 14 -
 Cd )  Footnote 2 snail be deleted .
       Footnote 3 in certain language versions shall be amended to 2 .
11 .   Annex II shall be amended as follows :
 ( a ) The title shall read :   " AGREED ALLOWANCES USED TO ....       "
                                                                ' (
 ( b ) The following items shall be amended as follows :
       28 : The words " Polyamide ( 6-6 )", " Polyamide 6" and " Polyamide 11 "
            shall, be followed by the words " or nylon " in all cases .
       37 : In the second column of the Dutch text , the name of the fibre
            shall be amended to read " Elastaan ".
12 .   Annex III shall be amended as follows :
 ( a ) The following items shall be amended as follows :
        3 : shall read in German    Etiketten und Abzeichen    and in Italian
            " Etichette et contrassegni ".
               v
       12 : shall read " textile products for base and underlining fabrics and
            stiffenings ".
       16 : shall be deleted ; accordingly , Items 17 to 35 become items
            16 to 34 .
       21 : Item 20 in the nex text shall read " hand-embroidered tapestries ,
            finished or unfinished , and materials for their production , including
            embroidery yarns , sold separately from the canvas and specially
            prepared for use in such tapestries ".
       22 : Item 21 in the new text shall read in Dutch Knöpfen en gespen met
            stof bedekt " and in German " mit Textilien überzogene Knöpfe und
            Schnallen ".
 ---pagebreak---                                        - 15 -
( b)The following items shall be added !
    35 : "Funeral items".
                              1
    36 : "Disposable articles ".
    37 : "Textile articles subject to the rules of the European Pharmacopoeia
         and covered by a reference to those rules , non-disposable bandages
         for medical and orthopaedic use said orthopaedic articles in general"*
    38 : "Articles normally intended :
         ( a) for use in the manufacture and processing of goods , in
         particular :
         – in the various branches of industry ;
         – in building and civil engineering, with the exception of textile
            floor-, wall-, and door-covering fabrics ;
         – in agriculture and allied activities ;
         – in craft trades ;
         – in industrial and occupational fishing;
         – and in any similar sectors .
         (b ) for incorporation in machines , ihstallations ( e.g. for heating,
         air conditioning or limiting), domestic and other appliances , vehicles
         and other means of transport ; or for their operation , maintenance or
         equipment , other than textile motor vehicle accessories sold
         separately from the vehicle"#
    39 * "Cordage , ropes and string, subject to Item 12 of Annex IV hereto ,
         normally intended for :
 ---pagebreak---                                        - 16 -
         – use in the various branches of industry , in "building and civil
            engineering, in transport ( especially shipping) and in similar
            sectors ;
         – incorporation in machinery , installations , appliances and vehicles
            or for use in their operation , maintenance and equipment ".
    40 ; "Textile articles for protection and safety purposes such as safety
         belts , parachutes , lifejackets , emergency chutes , fire-fighting
         devices , bulletproof waistcoats and protective garments , provided
         that these are not sold as articles of clothing".
    41 : "Air-supported structures (e.g. sports halls , exhibition stands or
         storage facilities", provided that particulars of the performances
         and technical specifications of these articles are supplied".
    42 : " Sails".
    43 : "Animal clothing".
    44 : "Flags and pennants".
( c)A footnote shall be added , and shall read :
    " For the purposes of this Directive , textile articles designed to be used
    once only or for a limited time , and the normal use of which precludes any
    restoring for subsequent use for the same or a similar purpose , are to be
    regarded as disposable ".
 ---pagebreak---                                        - 17 -
 13. Annex IV shall be amended as follows :
 ( a)The title shall read: "PRODUCTS FOR WHICH ONLY INCLUSIVE LABELLING OR
     MARKING IS OBLIGATORY ( Article 10, first paragraph, point ( b))"
 ( b)Item 12 shall read: "Packing string and agricultural twine ; string,
     cordage and ropes other than those falling within Item 39 of Annex III^".
(c )The following items shall be added :
     15 : "Bun nets and hair nets".
     16 : "Ties and bow ties for children".
     17 : "Bibs ? washgloves and face flannels".
     18 : "Sewing, mending and embroidery yarns prepared for sale by retail in
          small quantities with a gross weight of 1 gram or less".
     19 : "Webbing for curtains and shutters".
( d)A footnote I shall be added - and shall read :
      1
    " For the textile products falling within Item 12 and sold in cut lengths ,
    the inclusive labelling shall be that of the reel . The cordage and ropes
    falling within this item include those used in mountaineering and on small
    boats".
 ---pagebreak---                                               - 18 -
  The following Annex V shall be added to the Directive :
  •'NAMES SET OUT IN ANNEX I WHICH MAY BE EXPRESSED IN ONE LANGUACE ONLY"
  (Article 8(2 ) ( c ), first paragraph ) •
No of       French        Italian        German         English           Danish      Dutch
the
fibre as
in Annex I
                          Alpaca          Alpaka         Alpaca           Alpaka       Alpaca
 2          Alpata                                                        Lama         Lama
            Lama*         Lama       -    Lama           Llama
 2
                           Kashmi r       Kaschmi r      Cashmere         Kashmir      Kasjmier
  2         Casche-
                 mi re
                            Yack          Yak             Yak             Yak          Jak
  2         Yack
                            Guanaco       Guanako         Guanaco         Guanaco      Guanaco
  2         Guanaco
                            Kapok         Kapok           Kapok           Kapok        Kapok
  6          Capoc                                                        Jute          Jute
                            Juta          Jute            Jute
   9         Jute
                                           Ramie          Rami e           Ramie        Ramee
 15          Ramie          Ramié
 17           Acétatf ' Acetato Acetat                     Acetate         Acetat        Acetaét
                             Tri -         Tri -           Tri-            Tri -         Triacetaat
 22           Tri­
                               acetato acetat               acetate         acetat
                acétate
                             Viscosa Viskose               Viscose         Viskose       Viscose
  23          Vi scose
  27          Modacry­       Hodacri - Modacryl            Modacrylic Modacryl Modacryl
                   lique            lica
  28        ( Poly­         ( Poliern-- ( Polyamid ( Polyamide ( Poly-                 ( Polyamide
                            ( midica (           ,        (               (    amid (
             <     ami de
                            ( Nailon ( Nylon              ( Nylon         ( Nylon       ( Nylon
             ( Nylon
  29           Poly­          Poli -        Polyester Polyester Poly-                     Polyester
                                                                              ester
                  ester        estere
               Polyéthy- Polieti - Polyathy- Polyethy                   ­   Polyethy-Polyetheen
   30                                                                              len
                                lenica                Isn            lene
                     lene
                              Polipro- Polypro- Polypro­                    Polypro- Polypropeen
   31          Polypro­                                                       pylen
                 pylene         pi lenica pylen ,               pylene
                              Polyurc - Polyure- Polyure­                   Polyure - Pclyurethaan
   33          Polyure­                                                       than
                                tanica        than              thane
                  thane
                              Vini lai      Virwylal        Vinyalal        Vinylal Vinylal
   34          Vinylal                                                      Tri vinyl Trivinyl
               Tri vinyl       Trivini - Trivinyl           Trivinyl
    35
                                  lica
                                                            Elastane        Elasthan Elastaan
    37         Elastanne Elastan Elasthan
                               Métal lo Métal l             Metal           Het al        Metaal
    39         Métal                                                        Metal -       Metaalachtig
               Métalli­ Mc-tal li- Metal-                   Metallic
    39                                                                           li'.k
                       que-            ca          lisch
                                                             Ile toi I­     Mc.'ijl li - Geret tal li-
    39          Métallisé Nu ! oUiz-Kctalli-                                     seret          seerd
                                  zata             siert          i sed
 ---pagebreak---                                  - 19 -
                                 Article 2
1 , Member States shall adopt and publish the provisions necessary to
comply with this Directive .  They shall forthwith inform the Commission
thereof •
They shall apply those provisions with effect from 1 January 1981 .
2 . As soon as this Directive has been notified, Member States shall
ensure that the Commission is informed., in sufficient time for it to
submit its comments , of any draft laws , regulations or administrative
provisions which they indend to adopt in the field covered by this
Directive .
                                 Article 3
This Directive is addressed to the Member States#