Sustainability told through the label

"Clear, structured and accessible information on the environmental sustainability characteristics of products enables businesses and consumers to make better choices and improves communication between actors along the value chains".

With this assertion, contained in the European Strategy for Sustainable and Circular Textiles, the European Commission emphasises the importance of correct information, generally disclosed through labelling.

The compulsory labeling regulation: the 2011 EU Regulation

Today, under the EU Regulation on the labeling of textile products and fiber composition, all textile products placed on the EU market must be marked with labels firmly affixed to the product. 

Labeling is mandatory for textile products intended for the end consumer, while it may be replaced or supplemented by accompanying commercial documents in the case of B2B sales.

The label must:

• specify the fiber composition, with percentages in descending order;
• present a clear, legible and uniform text in typography and size;
• include a clear distinction between textile composition and other information, such as product care;

Additional information, such as recognized marks of environmental excellence, may be affixed on a voluntary basis, subject to the above distinction.

The legislation also stipulates that where products are sold in more than one EU country, their labels must be translated into all official languages of the territories where they will be made available to the consumer.

The revision: the path to disclosure of environmental and social parameters

As is evident, the requirements described above do not specifically regulate the 'sustainable' characteristics of a given garment.

For this reason, the European Commission is currently reviewing the aforementioned regulation and intends to introduce by the end of this year, after an impact assessment, an obligation to disclose other types of information, such as sustainability and circularity parameters, product dimensions and, if applicable, the third country in which the manufacturing processes ('made in') take place.

In addition, in order to make a large amount of information easily accessible, the Commission will also examine the possibility of introducing a digital label.

At the same time, as part of the measures envisaged in the proposal for a regulation on the eco-design of sustainable products, the Commission will introduce a Digital Product Passport (DPP) for textiles by 2024.

Described as a unique barcode or two-dimensional identification code physically present on the product, its packaging or accompanying documentation, the DPP will have to be accessible to users via electronic devices before purchase.

The unique code will make it possible to identify the product, the batch of origin and the parties responsible for its production, as well as to disseminate useful information about the production chain, the materials used, the production processes and their environmental impacts. It will also contain information on the maintenance, repairability and disposal of the product.

Existing initiatives and the need for coordination

Although the European Commission's intentions are laudable, it is necessary to coordinate EU regulatory efforts with the legislation already in place in some Member States and, specifically, in France.

Indeed, the Loi Anti-gaspillage pour une économie circulaire (AGEC), approved in 2020 and implemented by Decree 2022-748, introduces the obligation to affix an environmental label to all clothing, footwear and home textile products placed on the French market.

According to the legislation, the label must enable consumers to:  

• Consider the environmental and social impact of the product throughout its life cycle;
• Show environmental impacts in terms of greenhouse gas emissions, damage to biodiversity, water and other natural resources;
• Take into account the environmental externalities of production systems;
• Trace geographically the 3 main processing stages (weaving, dyeing, assembling/finishing);

Examine elements including: 

• repairability, recyclability, reusability;
• recycled material content;
• use of renewable resources;
• presence of hazardous substances;
• presence of plastic microfibers, when the proportion by mass of synthetic fibers is greater than 50%.

The label must be visible and accessible to the consumer, at the time of purchase and afterwards: this implies the creation of a web page dedicated to the product, which must be in French. Indeed, the Loi AGEC requires non-French manufacturers to translate all product information made available to buyers.

As for the timing of implementation, the law specifies that its requirements apply as follows:

• January 2023: companies with a turnover of more than EUR 50 million, or which place more than 10,000 units on the French market each year
• January 2024: undertakings with a turnover of more than 20 million euros, or which place more than 10 thousand units on the French market each year
• January 2025: companies with a turnover of more than EUR 10 million, or which place more than 10 thousand units on the French market each year

However, it is presumable that there will be delays in the implementation, as agreement has not yet been reached on the methodology to be used for calculating the impact, which will be tested from May 2022. As things stand, it is presumable that France will use the Product Environmental Footprint (PEF) in order to comply with the European framework.

Even this methodology, however, is not without criticism and would need revision, as has long been pointed out by the members of the Make the Label Count campaign.

In addition to methodological difficulties, concerns have been raised by several parties about the regulatory inconsistency, which risks creating disparities and excessive burdens for fashion companies, which often operate in several countries and, consequently, find themselves subject to multiple and divergent obligations.

Voluntary labeling: company initiatives

Another not-insignificant aspect concerns the voluntary initiatives of companies, which will necessarily have to comply with the requirements being approved in the EU.

In fact, digital labeling is not a new concept: as an example, Burberry first introduced sustainability labels via QR codes in 2020, while Pangaia, in cooperation with the technology provider EON, presented its digital passports in early 2021, offering transparency and traceability to customers via a QR code on the garment label.

These initiatives will need to be adapted in order to achieve a standardized labeling system with digital IDs that include all the information required by law, in the language of the relevant country.

The support offered by Cikis

Knowledge of the regulations is an essential starting point for bringing companies' actions into line with the law. 

Cikis can help companies to find their way through the complex regulatory framework of mandatory and pending labeling obligations.

Furthermore, it can offer assistance in the process of harmonizing existing company initiatives with the new legal obligations.