92000E4000

WRITTEN QUESTION E-4000/00

by Nicholas Clegg (ELDR) to the Commission

(21 December 2000)

Subject: Clothes labelling

Could the Commission provide details of the labelling requirements which apply to clothes imported into Japan and the USA?

Could the Commission explain why similar provisions do not exist in the EU?

Answer given by Mr Liikanen on behalf of the Commission

(20 March 2001)

When clothes are exported to Japan or the United States, the following information has to be provided on a permanently attached label: the percentage of the fibres used in the product; care instructions; the country of origin; information on the manufacturer and/or importer.

At European level, the only legal instrument relating to textile labelling is Directive 96/74/EC of the Parliament and of the Council of 16 December 1996 on textile names(1), as amended by Commission Directive 97/37/EC of 19 June 1997(2). Textile products may be marketed within the Community only if their fibre composition is indicated in accordance with that Directive.

Apart from labelling on fibre composition, Member States are free to apply national provisions on the protection of industrial and commercial property, indications of provenance, marks of origin and the prevention of unfair competition.

As regards the specific case of origin marking, the Court of Justice has ruled that the labelling of national origins of products produced within the Community (such as made in [Member State]) must not be made mandatory within the Community, since this would have to be considered a measure having an effect equivalent to a quantitative restriction prohibited by Article 28 (ex Article 30) of the EC Treaty(3).

However, Community operators are free to indicate, on a voluntary basis, the national origin of their product, or specify that their product has been made in EU. They may also use the made in EU marking if the product has been manufactured in more than one Member State.

The value of further mandatory labelling requirements at Community level has not yet been established and remains a controversial issue among the different actors concerned. In any event, any such labelling requirements would have to comply with World trade organisation (WTO) requirements and, in particular, not be contrary to the obligation of national treatment.

While endeavouring to keep mandatory administrative requirements to a minimum, the Commission is planning to examine, together with interested parties, ways of improving the existing labelling regime.

(1) OJ L 32, 3.2.1997.

(2) OJ L 169, 27.6.1997.

(3) Case 207/83.