New recast Directive on labelling of textile products and fibres marketed within the EU

The Official Journal of the European Union, OJEU, has published Directive 2008/121/EC of the European Parliament and of the Council of January, 14th 2009, which is a recast version, of Directive 96/74/EC on textile names, and its subsequent substantial amendments. This Directives established the main rules with regard to the names, composition and labelling of textile products in order to ensure the proper functioning of internal market.

According to Directive 2008/121/EC textile products may be marketed within the Community, either before or during their industrial processing or at any of the distribution stages, only where such products comply with this its provisions.

It is expedient, in order to avoid differences of application in the Community, to specify the exact methods of labelling certain textile products consisting of two or more components, and also the components of textile products that need not be taken into account for purposes of labelling and analysis. Furthermore, the use of descriptions or names which enjoy particular prestige among users and consumers should be made subject to certain conditions.

Provision should also be made in respect of certain products which are not made exclusively of textile materials but have a textile content which constitutes an essential part of the product or to which attention is specifically drawn by the producer, processor or trader.

Situations when rules on textile labelling do not apply

  • Products which are intended for export to third countries.
  • Products which enter Member States, under customs control, for transit purposes.
  • Products which are imported from third countries for inward processing.
  • Products which are contracted out to persons working in their own homes, or to independent firms that make up work from materials supplied without the property therein being transferred for consideration.

This Directives sets up the rules for labelling textiles products, as well as textile fibres, and establishes that no textile product may be described as ‘100 %’, ‘pure’ or ‘all’ unless it is exclusively composed of the same fibre and that no similar term may be used. A textile product may contain up to 2 % by weight of other fibres, provided this quantity is justified on technical grounds and is not added as a matter of routine. This tolerance can be increased to 5 % in the case of textile products which have undergone a carding process.

A textile product composed of two or more fibres, one of which accounts for at least 85 % of the total weight, shall be designated by one of the following:

  • By the name of the latter fibre followed by its percentage by weight;
  • By the name of the latter fibre followed by the words ‘85 % minimum’; or
  • By the full percentage composition of the product.

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.

The term ‘mixed fibres’ or the term ‘unspecified textile composition’ may be used for any product the composition of which cannot easily be stated at the time of manufacture.

Member States will take all necessary measures to ensure that any information supplied when textile products are placed on the market cannot be confused with the names and particulars laid down by this Directive. 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 separate directives which will specify the methods of sampling and analysis to be used in Member States to determine the fibre composition of products covered by this Directive.

This Directive will enter into force on February, 12th 2009. This Directive is without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the related Directives.