S.I. No. 63/1996 - European Communities (Labelling of Footwear) Regulations, 1996

S.I. No. 63 of 1996.

EUROPEAN COMMUNITIES (LABELLING OF FOOTWEAR) REGULATIONS, 1996

I, RICHARD BRUTON, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to European Parliament and Council Directive 94/11/EC of 23rd March, 1994¹, hereby make the following Regulations:

⁽¹⁾O.J. No. L100, 19-4-94. p. 37.

1. (1) These Regulations may be cited as the European Communities (Labelling of Footwear) Regulations, 1996.

(2) These Regulations shall—

( a ) in respect of stock invoiced or delivered to the retailer before 23rd March, 1996, come into operation on 23rd September, 1997, and

( b ) in every other case, come into operation on 23rd March, 1996.

2. These Regulations shall not apply to footwear held by retailers, wholesalers or manufacturers on the day of coming into force of these Regulations.

3. (1) In these Regulations—

"authorised officer" means a person appointed under Regulation 12 of these Regulations;

"business" includes a trade or profession and the activities of any State authority or local authority;

"coated leather" means leather with a surface coating applied provided that the coating as applied does not exceed one-third of the total thickness of the product and is in excess of 0.15 mm;

"the Community" means the European Community and other States in the European Economic Area;

"consumer" means a natural person who is acting for purposes which are outside his business;

"the Directive" means Directive 94/11/EC of European Parliament and Council of 23rd March, 1994;

"the Director" means the Director of Consumer Affairs;

"footwear" shall mean all articles with applied soles designed to protect or cover the foot, including parts marketed separately as referred to in Schedule 1;

"functions" includes powers and duties;

"leather" means hide or skin with its original fibrous structure more or less intact, tanned to be rot proof, with or without the original hair or wool; hide or skin which has been split into layers or segmented either before or after tanning, and leather with a surface coating, however applied, or a glue-don finish, provided that such surface layers are not thicker than 0.15 mm, but does not include tanned hide or skin disintegrated mechanically or chemically into fibrous particles, small pieces or powders and then with or without the combination of a binding agent, made into sheets or other forms:

"Lining and sock" means the lining of the upper and the insole constituting the inside of the footwear article;

"the Minister" means the Minister for Enterprise and Employment;

"offer to sell" shall include all forms of display of goods for sale and advertising for sale;

"outer sole" means the bottom part of the footwear article, which is subject to abrasive wear and is attached to the upper;

"sell" includes agree or offer to sell or expose for sale, or invite an offer to buy, and cognate words shall be constructed accordingly;

"textiles" shall mean all products covered by Directive 71/307/EEC⁽¹⁾ and amendments thereof;

⁽¹⁾ O.J. No. L185, 16-8-71, p. 16, as amended by Council Directive 83/623/EEC (O.J. No. L353, 15-12-83, p. 8) and Commission Directive 87/140/EEC (O.J. No. L56, 26-2-87, p. 24).

"upper" means the outer face of the structural element which is attached to the outer sole.

(2) A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.

4. (1) A person shall not sell or offer to sell footwear unless it complies with the provisions of the Directive and these Regulations.

(2) A person who contravenes paragraph (1) of this Regulation shall be guilty of an offence.

5. A non-exhaustive list of the type of products to which these Regulations apply is set out in the Second Schedule to these Regulations.

6. These Regulations shall not apply to the sale of all or any of the following—

( a ) second-hand, worn footwear;

( b ) protective footwear covered by the European Communities (Personal Protective Equipment) Regulations, 1993 ( S.I. No. 272 of 1993 );

( c ) footwear covered by the European Communities (Dangerous Substances and Preparations) (Marketing and Use) Regulations, 1979 ( S.I. No. 382 of 1979 );

( d ) toy footwear.

7. (1) These Regulations shall apply to the labelling of materials used in the main components of footwear for sale to a consumer.

(2) These Regulations shall not apply to footwear intended to be exported from the Community.

8. (1) A person who sells or offers for sale footwear shall ensure that it is accompanied by information on the composition of footwear prescribed by these Regulations.

(2) Information on the composition of footwear shall be conveyed by means of labelling as specified in Regulation 9.

(3) The labelling shall convey information relating to the three parts of the footwear as defined in the First Schedule, namely:

( a ) the upper;

( b ) the lining and sock; and

( c ) the outer sole.

(4) The composition of the footwear shall be indicated as specified in Regulation 9 on the basis either of pictograms or of written indications for specific materials, as stipulated in the First Schedule.

(5) Any retailer who supplies footwear labelled by way of a pictogram from premises to which consumers are admitted shall ensure that a notice containing a written indication of the meaning of the pictogram set out in the First Schedule to these Regulations is displayed in a conspicuous part of those premises.

(6) Any retailer who supplies footwear labelled by way of a pictogram from premises other than that to which consumers are admitted shall ensure that consumers are informed of the meaning of any pictogram shown, in accordance with Regulation 9, on the labelling of any footwear he supplies.

(7) In the case of the upper, classification of the materials shall be determined on the basis of the provisions contained in Regulation 9 and in the First Schedule, no account being taken of accessories or reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments.

(8) In the case of the outer sole, classification shall be based on the volume of the materials contained therein, in accordance with Regulation 9.

(9) A person who does not satisfy paragraph (1) of this Regulation shall be guilty of an offence.

9. (1) The labelling of footwear shall provide information on the material, in accordance with the First Schedule, and this Regulation as appropriate.

(2) The labelling shall indicate the composition of materials where the material constitutes over 80% of the surface area of the upper, and the lining and sock, of the footwear, and a least 80% of the volume of the outer sole.

(3) Where no one material accounts for over 80% of the surface area of the upper, and the lining and sock and of the volume of the outer sole, information shall be given on the two main materials used in the composition of the footwear.

(4) The information referred to in paragraph (1) of this Regulation shall be displayed on the footwear.

(5) The manufacturer or his authorised agent established in the Community may choose either pictograms or written indications, as defined and illustrated in the First Schedule.

(6) For the purpose of these Regulations, labelling shall involve affixing the required information to at least one article of footwear in each pair and this may be done by printing, sticking, embossing or using an attached label.

(7) The labelling shall be securely attached, visible and accessible to the consumer and the dimensions of the pictograms must be sufficiently large to make it easy to understand the information contained therein.

10. The manufacturer or his authorised agent established in the Community shall supply labels with footwear and shall ensure that information contained on a label supplied by him is accurate. If neither the manufacturer nor his authorised agent is established in the Community, this responsibility shall fall on the person responsible for first placing the footwear on the Community market.

11. (1) Indication of written particulars on the labelling of footwear in pursuance of Regulation 9 of these Regulations shall be expressed in a manner which is easy to understand.

(2) A person who knowingly misleads a consumer by labelling footwear in a misleading manner shall be guilty of an offence.

12. (1) In this Regulation "authorised officer" means a whole-time officer of the Minister who is authorised in writing by the Minister or the Director to exercise the powers conferred by this Regulation.

(2) Every authorised officer shall be furnished with a warrant of appointment as an authorised officer stating that the officer is acting under these Regulations and, when exercising any power conferred by paragraph (3) of this Regulation shall, if requested to do so, produce the said warrant.

(3) An authorised officer may, for the purpose of obtaining information which may enable the Director to discharge functions under these Regulations, on production of the warrant of appointment, if so required—

( a ) at all reasonable times, enter premises at which any business or any activity in connection with a business is carried on and inspect the premises and any goods on the premises and, on paying or making tender of payment therefor, take any of the goods;

( b ) require any person who carries on such business or activity and any person employed in connection therewith to produce to the officer any books, documents or records relating to such business or activity which are in that person's power or control and in the case of such information being in non-legible form to reproduce it in a legible form and to give the officer such information as the officer may reasonably require in regard to any entries in any books, documents and records;

( c ) inspect and copy or take extracts from such books, documents and records including in the case of such information being in non-legible form to reproduce in a legible form and make available such information;

( d ) require any such person to produce, to the officer any information the officer may require in regard to the persons carrying on such business or activity including, in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and of its committee of management or other controlling authority or employed in connection therewith;

( e ) require any such person to give to the officer any other information which the officer may reasonably require in regard to such business or activity.

(4) A person who obstructs or impedes an authorised officer in the exercise of a power under this Regulation, or does not comply with a requirement under this Regulation shall be guilty of an offence.

13. A person shall not disclose confidential information obtained by him while performing his duties as an authorised officer or as a member of the staff of, or as advisor or consultant to, the Director unless he is duly authorised by the Director or a member of staff of the Director (duly authorised in that behalf) to do so.

14. A person guilty of an offence under Regulation 4, 8 (9), 11 (2) or 12 (4) shall be liable on summary conviction to a fine not exceeding £1,500.

15. (1) In proceedings for an offence under these Regulations in which it is proved that particulars are given on the labelling of the footwear concerned and that the footwear does not comply with the provisions of these Regulations by reason of the incorrectness of one or more of the particulars so given or by reason of the omission of one or more of the particulars required by these Regulations to be given, it shall be a defence for the defendant to prove:

( a ) (i) that he received the footwear as being in compliance with these Regulations and with a written warranty to that effect,

(ii) that he had no reason to believe at the time when he disposed of the footwear that they did not comply with these Regulations, and

(iii) that the footwear, when disposed of by him, were in the same state as when he received them,

and

( b ) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or any other person under his control.

(2) ( a ) A statement by the manufacturer, importer or seller of footwear in an invoice or on a label attached to the footwear or on the container in which the footwear is sold that the footwear comply with the provisions of these Regulations shall be deemed for the purposes of paragraph (1) (a) of this Regulation to be a warranty.

( b ) A statement of the kind referred to in subparagraph (a) of this paragraph by the manufacturer of imported footwear shall be deemed, for the purposes of this paragraph, to have been made by the importer of the footwear.

(3) A person shall not, without leave of the court, be entitled to rely on the defence in paragraph (1) of this Regulation unless, not less than 7 clear days before the court hearing, he has served on the prosecutor a notice in writing giving notice that he proposes to rely on that defence.

16. Where an offence under these Regulations is committed by a body corporate and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body or any person who was purporting to act in any such capacity, he, as well as the body, shall be guilty of the offence and shall be liable to be proceed against and punished accordingly.

17. Summary proceedings in relation to an offence under these Regulations may be brought and prosecuted by the Director.

FIRST SCHEDULE

Regulations 8(5), (6), and 9.

1. Pictograms or written indications concerning the parts of the footwear to be identified.

2. Pictograms or written indications concerning materials used in the composition of footwear.

3. Any pictogram concerning material shall appear on the label beside the pictogram of the relevant footwear part.

4. The dimensions of any pictograms must be sufficiently large to make it easy to understand the information contained therein.

5. Any written indications of particulars on the labelling of footwear in pursuance of the Directive and these Regulations shall be in a language easily understood by purchasers of the footwear.

SECOND SCHEDULE

Regulation 5

Non-Exhaustive List of Footwear Covered by these Regulations.

"Footwear" may range from sandals with uppers consisting simply of adjustable laces or ribbons to thigh boots the uppers of which cover the leg and thigh. Among the products included therefore are—

( a ) flat or high-heeled shoes for ordinary indoor or outdoor wear;

( b ) ankle-boots, half-boots, knee-boots and thigh boots;

( c ) sandals of various types, "espadrilles" (shoes with canvas uppers and soles of plaited vegetable material), tennis shoes, running and other sports shoes, bathing sandals and other casual footwear;

( d ) special sports footwear which is designed for a sporting activity and has, or has provision for the attachment of, spikes, studs, stops, clips, bars or the like and skating boots, ski-boots and crosscountry ski footwear, wrestling boots, boxing boots and cycling shoes. Also included are composite articles made up of footwear with (ice or roller) skates attached;

( e ) dancing slippers;

( f ) footwear formed from a single piece, particularly by moulding rubber or plastics, but excluding disposable articles of flimsy material (paper, plastic film, etc., without applied soles);

( g ) overshoes worn over other footwear, which in some cases are heel-less;

( h ) disposable footwear, with applied soles, generally designed to be used only once;

( i) orthopaedic footwear, other than medical devices to which the European Communities (Medical Devices) Regulations, 1994 ( S.I. No. 252 of 1994 ), apply.

For reasons of homogeneity and clarity, and subject to the provisions mentioned in the description of the products covered by Directive 94/1 1/EC, products covered by Chapter 64 of the combined nomenclature ('CN') may, as a general rule, be regarded as falling within the scope of Directive 94/11/EC.

GIVEN under my Official Seal, this 11th day of March, 1996.

RICHARD BRUTON,

Minister for Enterprise and Employment.

EXPLANATORY NOTE.

These Regulations give effect to European Parliament and Council Directive No. 94/11/EC on consumer protection in the indication on a label of the materials used in the main components of footwear.

The labelling shall convey information in relation to the upper, the lining and sock, and the outer sole. The information must be conveyed either by means of specified written indications or their corresponding pictograms.

The manufacturer shall supply accurate labels and the retailer shall remain responsible for ensuring that footwear sold by him bears the required information.

These Regulations will come into effect on 23 March, 1996 with the provision that existing stocks may be exhausted.

These Regulations should be read together with the Directive.