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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Council Directive 73/44/EEC on the approximation of laws of the Member States relating to the quantitative analysis of ternary fibre mixtures and Council Directive 96/73/EC of the European Parliament and of the Council on certain methods for the quantitative analysis of binary textile fibre mixtures as amended by Directives 2006/2/EC and 2007/4/EC.

The Regulations specify that the test methods to be used to analyse textile products comprising a binary textile fibre mixture or a ternary fibre mixture are those set out in Annex I and II to Directive 96/73/EC and Directive 73/44/EC respectively. A binary textile fibre mixture is made of two fibre types and a ternary fibre mixture is made of three types. These tests are used to establish that the labelling or marking of a textile product (as required by the Textile Products (Indications of Fibre Content) Regulations 1986 (“the 1986 Regulations”) (as amended) is correct. The 1986 Regulations require that when a textile product is supplied or offered for supply in certain circumstances it shall be marked or labelled with an indication of its fibre content. Failure to comply with the requirements in the 1986 Regulations is a criminal offence.

Regulation 1 revokes the Textile Products (Determination of Composition) Regulations 2006.

Regulation 3 provides that the references to Annex I and Annex II to Directive 96/73/EC and to Annex I and Annex II to Directive 73/44/EEC are to those Annexes as amended from time to time.

The references to Annexes I and II to Directive 73/44/EEC and to Annexes I and II to Directive 96/73/EC include amendments to those Annexes made at the date of these Regulations including those last made to Annex II by Directive 2007/4/EC to add uniform test methods for the new generic fibre elastolefin which came into force on 23 February 2007.

The Department intends to maintain up to date information on the amendments to the relevant Annexes as they are made and come into force by publishing these on website address www.berr.gov.uk/consumers/buying-selling/Adprice/Product-labelling.

An impact assessment has not been prepared in respect of these Regulations as it is envisaged that there will be no costs to business as a consequence of these Regulations. A transposition note will be available from the Consumer and Competition Policy Directorate, Department for Business, Enterprise & Regulatory Reform, 1 Victoria Street, London SW1H 0ET and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. A copy of the transposition note has also been placed in the libraries of both Houses of Parliament.