European Communities (Labelling of Footwear) Regulations, 1996

• Jurisdiction: Ireland
• Citation: IR SI 63/1996
• Year: 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...