The Textile Products (Labelling and Fibre Composition) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the enforcement provisions including the sanctions that will apply to Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27th September 2011 on textile fibres and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (“"the EU Regulation””) (OJ No L272, 18.10.2011, p.1.). The EU Regulation comes into force on 8th May 2012.

Regulation 2(1) revokes the existing Regulations on the labelling of textile products, listed in Schedule 1. The revoked Regulations had implemented the three Directives repealed by the EU Regulation. Regulation 2(2) sets out a transitional provision. There will be no offence under these Regulations in respect of textile products which were placed on the market in the United Kingdom before 8th May 2012, which continue to be made available on the market in the United Kingdom until 9th November 2012, if those products complied with the now revoked Regulations listed in Schedule 1.

Regulation 3 sets out the relevant definitions including the definition of the EU Regulation. This definition contains an ambulatory reference, so that references in these Regulations to the Annexes to the EU Regulation are references to those Annexes as amended from time to time.

Regulation 4 provides that local weights and measures authorities and the Department of Enterprise, Trade and Investment in Northern Ireland (also ““the enforcement authorities”” under these Regulations), are market surveillance authorities for the purposes of carrying out market surveillance checks on fibre composition and labelling under the EU Regulation. Those market surveillance checks are to be carried out in accordance with Articles 19 and 20 and Annexes VII, VIII and IX to the EU Regulation.

Regulation 5 makes it an offence for a person to make a relevant textile product available on the market in the United Kingdom, in breach of the provisions of the EU Regulation and regulation 6 sets out the penalties that apply. The offence will not apply to the persons referred to in Regulation 5(2).

Regulations 7 to 10 contain provisions related to the offence, including a due diligence defence in regulation 10.

Regulations 11 to 18 set out the investigation powers available to the enforcement authorities and penalties for non compliance (regulation 16).

Whilst the EU Regulation does apply to the Crown, Regulation 19 disapplies the criminal offences and investigation powers as far as concerns the Crown. Those powers and criminal offences do however apply to persons in the public service of the Crown.

Regulation 20 requires the Secretary of State to review the operation and effect of these Regulations and lay a report before Parliament within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or amended. A further instrument would be needed to revoke the Regulations or to amend them.

The Department for Business Innovation and Skills intends to maintain up to date information on the amendments to the Annexes to the EU Regulation as they are made and come into force by publishing these on the BIS website (www.bis.gov.uk).

An impact assessment of the effect that the instrument will have on the costs to business and the voluntary sector is available from the BIS website (www.bis.gov.uk). It is also annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. A copy has also been placed in the Libraries of both Houses of Parliament.