CELEX: 51980PC0557
Language: en
Date: 1980-10-03
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF LAWS OF THE MEMBER STATES RELATING TO THE INDICATION OF THE ORIGIN OF CERTAIN TEXTILE AND CLOTHING PRODUCTS (submitted to the Council by the Council)

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COM (80) 557
Vol. 1980/0180
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                                                                    COM(80)557 final
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                             PROPOSAL             FOR  A  COUNCIL   DIRECTIVE
         ON THE APPROXIMATION OF LAWS OF THE MEMBER                            STATES
              RELATING            TO THE          INDICATION    OF  THE  ORIGIN
              OF   CERTAIN TEXTILE                    AND  CLOTHING    PRODUCTS
                     ( submitted to the Council "by the Council )
C0I-H80) 557 final
 ---pagebreak---                                                               III / 1478 / 80-EN
                              Explanatory Memorandum . '•                 .   -
                             –              -             ■ !
        Desiring to provide for the need to inform consumers about the
origin of the product which they may be intending to buy , some member-
states have recently launched initiatives with the aim of regulating
autonomously the indication . of the origin of certain textile and
clothing products .
        The following national measures are involved :
- France intends to apply as from 1st October 1980 the autonomous
    measures provided for by decree n° 79.750 of 29 August 1979/
    published in the J.O. of 7 September 1979, as amended by decree
    N° 80.281 of , 15 April 1980, published in the J.O. of 21 April 1980;
- The United Kingdom is preparing a draft regulation , Denmark had
    already envisaged a like regulation in 1978 and Italy has indicated to
    Commission officials that it also envisages a national regulation .
        All the measures referred to above risk to constitute , either
 in themselves , or by the differences between them , a barrier oh
the free circulation of goods within the Community .           i
        The Commission sent a communication to the Council on 12 March 1980
" concerning textile problems associated with the question of origin
marking " ( 1 ).   In that text the Commission indicated the lines of action
which it intended to follow, concerning notably the problems of origin
marking , in respect of which it is of the opinion that a common solution
should be sought in order to respond in a concrete manner to the desire
for the information of the consumer about the origin of products .
( 1 ) COM ( 80 ) 110 final / 2
 ---pagebreak---                                       -2-
       Since then / in the statement made to COREPER on the origin
marking of certain textile and clothing products on 23 July 1980 / the
Commission has state     its intention to seek a Community solution which
takes account of both the concern of certain member-states in the matter
of consumer information and the maintenance of the proper functioning
of the Common Market .    It has furthermore defined the following criteria
for compatibility with the principles of the free circulation of goods :
- no obligation on a manufacturer to attach an origin mark himself in a
  permanent manner ;
- no obligation for an indication of origin at the time of importation ;
- obligation to indicate origin solely at the point of retail sale ;
- sufficient flexibility in the form and manner of indicating origin to
  enable retailers to meet this obligation easily themselves ;
- selection of products for which the indication of origin / in the
  sense defined above / constitutes a necessary means to obtain the result
  sought .
      Taking into account the several national initiatives the Commission
now considers it opportune to transmit to the Council a proposal for a
directive concerning the approximation of member-states legislation
on the indication of origin of certain textile and clothing products in
accordance with the principles set out above .
      By virtue of the provisions of the directive / the member-states
have to take the necessary steps for the indication of origin of these
products at the stage of final consumption to be based on the same criteria
within the Community .        -
                                                               \
         .                  '                                           ./.
 ---pagebreak---                                      3-                   I I I /1 478 / 80– EN
         Furthermore they have to . take the necessary steps so that the
various commercial operation operators are in a position to know the
origin of the products /   whether these are manufactured within or outside
the Community , so that at the stage of the offer for sale to the final
conmer the seller has at his disposal the complete and true information .
However / the Commission has not thought it necessary to include / in its
proposal for a di rective, the general obligation of the indication of
origin of these products for all member-states / but to leave to the
latter the choice whether to make it compulsory on the basis of their own
appraisal of the need for informing the consumer .
         Furthermore / desiring to ensure the free circulation of goods /
there can in no case be an obligation to indicate the originating
member-state / the commercial operator having the choice among several ;
possibilities .  In the same sense / the system proposed for the indica­
tion of origin sets out to avoid any obligation or control at the stage
of the frontier being crossed . .
 ---pagebreak---                                                            III / 1478 / 8Q-EN
                                                                 ■N
                           C^IDËRANTS
Proposal for a Council directive on the approximation of laws of the Mem
ber States on the ipdication of the origin of certain textile and
clothing products .
THE COUNCIL OF 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 Opnion of the Economic and Social Committee ,
Whereas certain Member States have made or intend to make provision
concerning an indication of the origin of these products ,
Whereas these provisions vary from one Member State to another , giving
rise to obstacles to the functioning of the Common Market ,
Whereas these obstacles can be avoided if the indication of origin of
these products is subject to rules harmonised   at the level of the
Community;
Whereas it is advisable to ensure that these rules do not lead in any
way to a restriction of the trade in goods , whereas in consequence it is
advisable to provide for the indication of origin only at the stage of
the offer -for sale of the product to the final consumer ;
 ---pagebreak---                                                               III / 1478 / 80-EN
Whereas it is indispensable that all the member-states take the
necessary steps so that at the stage of the sale to the final consumer
within the Community this indication is based on the same criteria ;
without it being necessary to make the indication of origin obligatory
Whereas the information enabling the origin of these products to be
determined has to be available at all stages of the industrial or
commercial cycle /
      »
HAS ADOPTED THIS DIRECTIVE :
                                    Article 1 .
            The present directive has as its object the approximation of
national legislation concerning the indication of the origin of the
textile and clothing products set out in the Annex . ■         .
                                    Article 2 .
1.          The member-states can only make the indicative of origin obli­
      gatory at the stage of the offer for sale of the pcoduct to the final
      consumer .
                         *                                                    '
2m          The member-states shall provide for the option of commercial ,
      operators affixing the indication of origin at a stage of the indus-
   . trial or commercial cycle prior to that of the sale to the final
     'consumer . If that is not the case / the commercial operators acting
      at the stages of the , industrial or commercial cycle prior to that of
      the sale to the final consumer shall be required to supply in writing
      the information necessary to determine the origin of the product .
 ---pagebreak---                                               -3-                    III / 1478 / 80-EN
   3 .-             This information is to supplied in accordance with the
         provisions of Commission regulation ( EEC ) N° 749/ 80 ( 1 ) of 10 April
         1948, on the determination of the origin of textile and clothing
        products and its amendments ; which was made in implementation of
        Council Regulation ( CEE) N° 802 /68 ( 2 ) of 27 June 1968, concerning
        the common definition of the concept of the origin of goods .
   4.               The affixing of the indication of origin may also be replaced
        by such information 'as will enable origin to be determined/ when the
        products are delivered in performance of a government order or an
        order placed by some other legal person governed by public law .
                • /                        .               '           -
                                         Article 3 .
  1.                The indication of origin, with which the textile and clothing ,
        products listed in the annex are furnished or by which they are accom­
        panied , shall be supplied in the following manner :
                                          <«
        - for products originating in a member-state of the EEC ; by the indi­
            cation "Made in the EEC ". The member>-states leave to the commercial
            operators concerned the choice of replacing or completing- this indi­
            cation by that of the name of the originating member-state .
              χ
  ./    - for products originating in third countries : by the indication
            "Made in ..." followed by the name of the third country of 'origin,
            determined in accordance with the origin rules provided for in
            Article 2 paragraph 3 above .
                         A
   2.               The member-states leave to the commercial operators the option
  *     of expressing the above mentioned indication in one of the official
        languages of the Community .
(1 ) J . 0 . L 101 of 14 / 4 / 1980
< 2)J.0 . L 148 of 23 / 6 / 1980
 ---pagebreak---                                     -4-                    III / 1478 / 80-EN
                                 Article 4 .
    The manner in which origin is indicated may vary according to the
product in question . It is not necessary that the indication should be
permanent in character .    The member-states shall leave to the
economic operators the option of choosing among the following methods :
- an indication shown on the product .itself or on a label attached
   to the product ;
- an indication shown on the packaging if the product is individually
   packed ; .
- an indication displayed with the product , or near the product , if the
   product does not lend itself to the attachment of an indication of the
   origin ;
- an indication of origin shown in the catalogues and offers for sale
   of mail-order houses .
                                Article 5 .
1.          The indications of origin shall be displayed in typographic
    characters which are easily legible and clearly visible . They shall
    be clearly separated from any other indication or information with the
    exception of trade-marks or trade-names .   However if the trade-mark
    or trade-name comprises in noun , adjective or root form any indication
    which could be confused with the indication of origin , the indication
    of the trade-mark or trade-name should be clearly separate .
2.          Two or several products which habitually form an inseparable
    unit may be provided with only one indication of origin .
 ---pagebreak---                                        5-                  III / 1 478 / 80– EN
                                   Article 6 .
              i     ' '                                          ■         •
1.        The member–states , who do not make the indication of origin
    obligatory, shall take the necessary steps so that all indications of
   origin with which the textile and clothing products set out in the
    annex are furnished or by which they are accompanied are in confor­
   mity with the provisions of the present directive .    They shall equally
   take the steps needed so that the provisions of paragraph 2 of articl*
    '                                t        1
   2 are observed . in all cases .                  .
2.        The member-states may for reasons concerning indications of
   origin neither prohibit nor hinder.the offering for sale of textile
   and clothing products if these satisfy the provisions of the present
   directive .
3.        The steps taken by virtue of this directive are in no case tp
   be applied in a manner to create obstacles to trade .
       .                       Article 7 .
1.        The Member States shall put into effect the measures necessary
   in order to conform with the present directive by ... /
   ( six months  from its adoption ) and shall fortwith inform the Commission
   thereof .                       ,                                            7
2.        The Member States shall ensure that the texts of the main provi­
   sions of national law which they adopt in the field covered by this
   directive are communicated to the Commission ,,
                               Article 8 S
   This Directive is addressed to the Member States .
Done at Brussels ,-
 ---pagebreak---                                   -6-                       I I I /I 478 / 80– EN
                                                              NNEX .
LISTE OF PRODUCTS COVERED BY THIS DIRECTIVE .
    NIMEXE                                          DESCRIPTION
Chapter 60                               Knitwear
Chapter 61                               Clothes and clothing accessories
                                         of textile fabric
62.01                                    Blankets
 62.02                                   Bed linen , table linen , toilet
                                          linen , office and kitchen linen ,
                                          curtains , net curtains and other
                                          furnishing articles .