Hong Kong businesses exporting textile products, leather goods and footwear to Italy will need to become aware of draft implementing legislation which has been notified to the European Commission under the EU s information procedure concerning technical regulations. The law was notified by Italy on 28 October 2010, and is titled Conditions for allowing onto the market finished and semi-finished textile products, leather goods and footwear and the use of the 'Made in Italy' label .
The draft implementing provisions form part of Italian Law 55 of 8 April 2010, laying down provisions for the sale of textile products, leather goods and footwear. The draft provisions require finished and semi-finished products that are intended for sale to be supplied with a specification document (either with the product or on the packaging) that is sufficiently clear to the end-consumer, and which sets out the following information:
The place of origin of each phase of manufacturing; and The requirement for compliance with: national regulations and international standards governing worker health and safety; the provisions set out, amongst others, in international standards regarding the minimum age of workers; national industry-specific legislation to ensure the hygiene and the safety of products; national and European regulations and any international agreements regarding environmental protection.
Furthermore, the draft provisions provide that the indication of the term 'made in Italy' is permitted for finished textiles, leather goods, footwear and chairs, provided that at least two specified manufacturing processes have been carried out in Italy and the tracing of all other manufacturing processes is verifiable. In any event, the final substantial transformation of the products must take place in Italy (in accordance with EU Regulation 450/2008 laying down the modernised Customs Code) in order for the 'made in Italy' appellation to apply.
With regard to the tracing of the manufacturing phases, these are considered verifiable where the manufacturer holds sufficient documentation which provides unambiguous evidence of the place in which each phase was carried out. Where there is insufficient evidence to verify a manufacturing phase, the presumption is that the phase in question has been carried out outside Italy.
Finally, the draft provisions state that the Italian Chambers of Commerce, Industry, Artisan Crafts and Agriculture will be responsible for checking the correct labelling of all products allowed onto the market and the use of the made in Italy indication. These authorities will also have the right to issue fines, including the suspension of manufacturing company activities.
The draft implementing provisions will apply once they have gone through the EU s approval process. Given that they are currently being reviewed by the European Commission and other Member States, Italy will have to delay the entry into force of the measures by three months (i.e., until 29 January 2011). Should queries or opposing views be raised against the draft provisions, implementation may be delayed for six months from the date on which the Commission received a communication of the provisions (i.e., six months from 28 October 2010). Italy would then need to report to the Commission regarding any actions it proposes to take in relation to those draft measures that would, if they were in force, be considered to create obstacles to the free movement of goods within the EU s internal market.
Source: hktdc.com
