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EU Leather Goods Market Access Requirements - Production legislation

European legislation is compulsory for all products traded within the EU. Therefore, exporters from developing countries have to comply with the legislative requirements that are applicable for their products. In this section the main legislation for leather goods will be presented.

EU legislation on restrictions of harmful substances

The European Commission has published legislation restricting the use of azo dyes and nickel. Azo dyes can release one or more specified amines (breakdown products) in leather articles. The European Union has published a Directive (2002/61/EC) to restrict the marketing and use of certain dangerous substances and preparations (azocolourants) in textile and leather products.

 

Nickel is a metal that is sometimes used in metal ornaments such as zippers and buttons. A lot of people are allergic to nickel. Therefore, the European Union set limits to nickel and nickel compounds for metal products in direct contact with the skin by means of Directive 94/27/EEC which amends Directive 76/769/EEC, nickel in piercings and other skin contact materials.

CITES

The Convention on International Trade in Endangered Species (CITES) lays down provisions for the protection of endangered species of flora and fauna through controls of the international trade in specimens of these species. CITES lists the relevant endangered species in three separate appendices, in which trade is prohibited, in which trade is bound to restrictions, but permitted while the third appendix lists those in which regulated trade is permitted.

 

Note that according to CITES, the trade in products containing material from endangered species may be prohibited or restricted. This Convention is of special importance for leather articles, flowers and plants, handicrafts and jewellery. Check the CITES list and find out whether or not your product contains material from endangered species. It is important for producers in developing countries to know that there is an EU Regulation (338/97 EC) which harmonises the implementation of CITES in the EU. This is more strict than the CITES convention itself and sets additional import restrictions and includes additional species.

EU legislation liability

On the basis of the EU directive on liability (85/374/EEC), a manufacturer, or his representative in the EU, can be held liable for compensation to person and property caused by a product that turns out to be not as safe as expected. When a relationship between the lack of product safety and the cause of an injury can be proved, a financial compensation can be demanded from the manufacturer for suffering incurred. As the importer will be regarded as the supplier, he will require a contract with the exporter to cover his exposure to any of the above-mentioned potential risks.

National legislation

Several hazardous substances are restricted or prohibited on EU level. However, especially Germany and The Netherlands have set legislation with respect to azo dyes, Pentachlorophenol (PCP), chromium and disperse dyes which is stricter than the Eudirectives or not regulated by the EU-directives.

 

Notes:

• Source: Centre for The Promotion of Imports from Developing Countries