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Legal requirements for selling footwear in the EU

A White Paper from Bureau Veritas Consumer Products Services

Prepared by Jack Brown, Footwear Technical Consultant – July 2012  

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© 2012 Bureau Veritas Consumer Products Services, Inc.

All rights reserved. No part of this publication or the information contained herein may be reproduced, copied, translated, sold, or distributed in any form or by any means without the express prior written consent of BVCPS Inc. This publication and the information contained herein, other than portions in the public domain or owned by third parties, are the property of BVCPS Inc. and are protected by law, including, but not limited to, U.S. copyright laws and international treaty provisions. BVCPS Inc. has exclusive proprietary rights in the information provided herein. Any unauthorized use of this publication or any part thereof could result in civil and/or criminal claims for damages and penalties. BVCPS Inc. provides the information in this publication as a resource of general information. The information contained herein is subject to change without notice from BVCPS Inc., governments, regulatory bodies, or other industry associations. It does not constitute nor should be deemed to constitute a legal opinion on the subject matter presented, nor does the information contained herein replace any applicable legal or regulatory requirements and is provided “as is.” BVCPS Inc. does not warrant the accuracy, completeness, timeliness, or availability of any information contained herein. BVCPS Inc. is not liable for any direct, indirect, incidental, special, punitive, consequential or other damages, costs, expenses, legal fees, or losses (including without limitation lost profits, lost income, or lost opportunity costs) of any kind in connection with this publication and/or any use of this publication or information contained herein, or information made available through or referenced by this publication. In connection with this publication and all content herein, BVCPS INC. DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This publication includes references to websites and hyperlinks for the convenience of the reader. These websites and hyperlinks are owned and operated by third parties. BVCPS Inc. does not own or control these third-party websites, and does not guarantee the accuracy, completeness, timeliness, reliability, or availability of any information included within these third-party websites. Access and use of these third-party websites is at the reader’s own risk. Third-party trademarks or other intellectual property, used or referenced but not owned by BVCPS Inc., are protected by law. Such third parties have proprietary rights in those trademarks or other intellectual property.

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Contents  

 

1. Introduction 4

2. The General Product Safety Directive (2001/95/EC) 4

3. The European Labelling Directive for Footwear (94/11/EC) 6

4. REACH - The Registration, Evaluation, Authorisation and Restriction of Chemicals (EC1907/2006) 8

About this White Paper 9

About the Author 9

Sources 9

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1. Introduction There are three key European-wide legal obligations for selling conventional (non-safety) footwear in

the European Union. All shoes sold in the EU must comply with The General Product Safety Directive

(2001/95/EC); all footwear must be labelled correctly under the European Labelling Directive for Footwear

(94/11/EC) and all footwear must comply with the REACH regulation (EC1907/2006).

Each individual country may have its own specific additions to these criteria, particularly on labelling the

original country of origin, or having additional voluntary chemical requirements. Retailers, importers and

exporters wishing to trade footwear in specific European countries are advised to seek additional advice

from Bureau Veritas Consumer Products Services, but the three areas listed above are mandatory for all

EU member states.

2. The General Product Safety Directive (2001/95/EC)

Companies or individuals who release products onto the EU market (this is usually the retailer) are legally

responsible for selling a safe product to the consumer or purchaser.

What is a safe product?

The General Product Safety Directive (GPSD) defines a “safe” product as any product which under

normal or reasonably foreseeable conditions of use presents no risk or only the minimum risk compatible

with the product’s use and which is consistent with a high level of protection for consumers.

What defines a safe shoe?

The footwear industry responded to this Directive by focusing on very specific physical criteria which

could affect the safety of the shoe and the health of the wearer. These criteria are as follows:

i) The heel attachment strength of knock-on heels – Usually ladies stiletto type knock-on heels

which are attached by nails / pins / screws / staples, but any knock-on heel of any style or gender

must be adequately attached to prevent the heel from suddenly detaching causing the wearer to fall

and sustain injury.

ii) The attachment strength of the top piece – Usually ladies stiletto heel top pieces which are

attached by a spigot, but any top pieces of any shoes must be adequately attached to prevent sudden

or slow top piece detachment which could result in a fall and injury.

iii) Sole Adhesion – Specifically the vulnerable toe area of children’s footwear, but the sole adhesion

of all footwear must be sufficient to prevent sole detachment (especially flapping toes) and prevent

wearers from tripping and falling sustaining injury.

iv) Sole and Top Piece Slip Resistance – Very slippery soles and top pieces can cause the wearer to

slip, fall and sustain injury. Wet or icy floors, poorly designed tread patterns, hard or inflexible soling

materials or inappropriate soling materials can all increase the potential for slipping. The testing of soles

and top pieces for their coefficient of friction property is key in preventing slips.

v) Sharp Points and Edges – The edges of metal or plastic buckles, eyelets, D-Rings, ski-hooks and

the like can sometimes be razor-sharp and contravene the Directive. The backs of eyelets, edges of dried

adhesives, shoe lace tags and left-in metal grindery can all give very sharp points or edges. Any very

sharp point or edge on footwear would result in non-compliance as it could easily cause injury to the

wearer.

vi) Seam Strength – Where a seam or strap is functional, stress-bearing and fundamental in keeping

the shoe on the foot, its strength is key. Should this seam burst open or strap burst or detach causing the

foot to rapidly exit from the shoe, injury to an unsuspecting wearer is very likely. Toe Post styles and

strappy sandals are susceptible to these failures and must be strong enough to sustain the high forces

exerted in walking.

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All of the above are key properties which when tested and approved will not only go a very long way in

meeting the above Directive, but will significantly reduce the possibility of personal injury being sustained.

There are a variety of test methods and minimum requirements used by member states to help achieve the

above criteria so whereas the listed “safe” properties are common to all, the test methods and minimum

requirements are not. Bureau Veritas Consumer Products Services can advise on all footwear aspects of the

GPSD above.

3. The European Labelling Directive for Footwear (94/11/EC)

Shoes sold in the EU must be labelled clearly to inform the customer what the main component parts are

made of. The Directive excludes safety footwear, second-hand footwear and toy footwear.

The main component parts of the shoe are as follows:

■ UPPER

■ LINING AND SOCK

■ OUTER SOLE

The materials used in each of the above should be described as follows:

■ LEATHER

■ COATED LEATHER

■ TEXTILE

■ OTHER MATERIAL

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Only materials covering at least 80% of the surface area or 80% of the volume of the outer sole must be

labelled. If no material accounts for at least 80%, information should be given on the two main materials used.

The label on the shoe can have words (as listed above) or pictograms (see following diagrams). If using

words they must be in the language of the country in which the shoes are sold. The labels must be visible,

securely attached and accessible and can be attached to just one shoe of the pair by stitching, printing,

embossing or sticking.

The manufacturer is responsible for the accuracy and compliance of the label. Any retailers selling footwear

labelled by the pictogram method from a shop must display a notice in a conspicuous position explaining the

meaning of the pictograms. Mail order retailers must also supply similar pictogram information where

appropriate.

The pictograms and definitions:

The label must have a pictogram or text for the part of the shoe; and a pictogram or text to describe the

material used for that part of the shoe.

For example, a shoe with:

- Full leather upper

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- Textile lining and leather sock

- PU sole

should look like this

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4. REACH - The Registration, Evaluation, Authorisation and Restriction of Chemicals (EC1907/2006)

The REACH regulation, in force since 1st July 2007, aims to protect human health and the environment

from hazardous chemicals. REACH establishes a registration system for chemical substances that

requires the traceability of chemicals and identification of substances within products. Companies that

place products onto the EU market including manufacturers, importers and retailers of footwear, need to

ensure that their products do not contain substances above the set limits that have been classified as

Substances of Very High Concern (SVHC) or as restricted substances (Annex XVII).

Annex XVII of REACH lists restricted chemicals with details of their restrictions and concentration.

Restrictions apply to Annex XVII substances regardless of what quantity or weight of the chemical your

business deals with. A restriction means that the concentration of a particular chemical is limited for a

particular use; or that the use of this chemical is entirely banned.

Annex XVII of REACH is subject to change. You should check it regularly to keep up to date with the

latest restrictions. Typical hazardous substances that are restricted in products include azo dyes, PAHs,

DMF, Phthalates etc.

Substances of Very High Concern

Under REACH, chemicals can be regarded as substance of very high concern (SVHC) if they are either:

carcinogenic, mutagenic or toxic to reproduction (CMRs)

persistent, bio-accumulative and toxic (PBTs)

very persistent and bio-accumulative (vPvBs)

REACH Annex XIV lists the substances that require an authorization in order to be allowed to be used

and placed on the EU market. There is also an SVHC “Candidate List” which lists substances that are

under review for a potential inclusion into Annex XIV.

Manufacturers or importers of articles containing more than 0.1% by weight of any listed SVHC (Annex

XIV or SVHC Candidate List) must provide their customers with adequate information on the safe use and

disposal of the article, including the relevant name of the SVHC(s).

Finally, you need to be aware that consumers can request, at point of sales, to be informed of any

potential SVHCs contained in articles. In this instance, manufacturers and retailers of footwear must be

prepared to answer consumers’ questions about the presence of SVHC in articles and provide sufficient

information to allow a safe use of these articles within 45 days. If no prior REACH policy has been put in

place in the supply chain, it may be very challenging for companies to get back to consumers within the

legal time-frame.

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The list of ECHA Candidates (SVHC) is constantly updated. This list is available from Bureau Veritas or on

the ECHA homepage:

http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp

All REACH related documents need to be kept for a minimum of 10 years.

About this White Paper This white paper is published by the Information Resources Center of Bureau Veritas Consumer Products

Services. For over 15 years, our Information Resources Center has worked successfully with top companies

around the world to help them better understand the consumer market and regulatory environment. With

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White papers published by the Information Resources Center represent a collaborative team effort with

Bureau Veritas Subject Matter Consultants (SMCs) from throughout our network.

To learn more about how our Information Resources Center can help you, please visit us at:

www.bureaveritas.com/knowledge

About the Author Jack Brown, Bureau Veritas Footwear Technical Consultant, has 35 years of footwear and leather technical

and quality expertise. He has been helping retailers, brands, importers and manufacturers improve the quality

of their shoes, meet growing legislative requirements, train staff on a wide variety of footwear issues and

generally supported companies in all aspects of their footwear supply chain. Jack has previously held senior

quality and technical roles at Clarks, Peter Black, Scholl Footwear and his knowledge in footwear testing,

fitting, inspections, factory auditing, risk assessment and wider technical support services is second to none in

the industry. Jack is based in the UK.

Sources http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp

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About Bureau Veritas and

Bureau Veritas Consumer Products Services Since its founding in 1828, the Bureau Veritas Group has consistently built internationally recognized services to help companies better manage their risk and comply with industry standards and government regulations in a variety of industries including consumer goods, marine, industry and facilities, and government services/ international trade. With over 50,000 employees in 900 locations and laboratories in 140+ countries, Bureau Veritas serves large and small organizations around the globe. The Consumer Products Services Division of Bureau Veritas specializes in serving the global consumer product and retail markets, assisting clients globally to effectively monitor the performance and quality of their products. As a proactive partner, we help companies manage risk, comply with regulations and protect their brand. From apparel and toys to consumer electronics and hard goods, we assist clients around the world with locations in 30 countries supported by more than 9,000 employees and over 36 years of experience. As part of Bureau Veritas Consumer Products Services, the Information Resources Center is dedicated to monitoring regulatory changes in the consumer products industry and providing comprehensive knowledge solutions for retailers, brands and manufacturers regarding compliance including regulatory updates, research reports, white papers, webinars and customized information.

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