Key Benefits:
The Prime Minister,
On the report of the Minister of Economy, Industry and Employment,
Having regard to Council Directive 89/686/EEC of 21 December 1989 on the approximation of the legislation of member States on personal protective equipment;
Having regard to Directive 94/11/EC of the European Parliament and the Council of 23 March 1994 on the approximation of the legislative, regulatory and administrative provisions of the Member States relating to the labelling of materials used in the main elements of the scaling articles proposed for sale to the consumer;
Having regard to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules relating to the services of the information society, together with notification No. 2008/0563/F of 9 December 2008 addressed to the Commission of the European Communities;
Vu le Consumer codeincluding article L. 214-1;
Vu le Sport codeincluding chapter II of Book III title II;
Vu le Labour code, in particular title I of his book III;
Vu le Decree No. 86-583 of 14 March 1986 applying to trade the furniture of the Act of 1 August 1905 on frauds and falsifications in goods or services;
Vu le Decree No. 96-477 of 30 May 1996 relating to the labelling of materials used in the main elements of the scaling articles proposed for sale to the consumer;
The State Council (Finance Section) heard,
Decrete:
I. ― The raw materials as well as semi-manufactured or manufactured products of which all or part is in leather or present the appearance of leather are put on sale, sold, held for sale or distribution on a free basis, in accordance with the provisions of this decree, with the exception of the personal protective equipment as defined by the directive of 21 December 1989 referred to above and used upholstery articles defined by the decree of 30 May 1996 concerning the
II. – In the sense of the decree, is considered to be:
- from leather the product obtained from animal skin by means of a tanning or impregnation preserving the natural structure of the fibres of the skin and having preserved all or part of its flower;
―of the crust or leather resale the inner part of a leather obtained by division of the leather in its thickness or by any other operation that has resulted in the complete removal of the outer layer and on which all of the planting points of the hairs, feathers or scales are destroyed. In the case of pork leather crust, the installation of hair follicles may remain apparent.
I. ― The use of the word "skin", either as a principal or root or as an adjective, regardless of the language used, is prohibited in the designation of any material other than that obtained from animal skin by means of a tanning or impregnation preserving the natural form of the skin's fibres.
II. ― The use in the designation of products referred to in section 1 of an animal species name is prohibited to designate any other product than a product derived from the animal species considered.
III. ― The names of raw materials, animal species designations, surface states and finish types can only be used for raw materials, animal species, surface states and finish types defined by decree of consumer ministers and industry.
The products defined in section 1st, held for sale or distribution on a free basis, include labelling indicating, in a legible and indelible manner and in identical typographical characters, the following:
1° Either the name, social reason or brand of the manufacturer or distributor, or, if not, the name of the seller followed by a conventional indication issued by the management responsible for the suppression of frauds and intended to identify the manufacturer or importer;
2° The name of the raw materials for each of their parties to be taken into account under the conditions defined by decree of the ministers responsible for consumption and industry. This name may also be supplemented by pictograms under the conditions defined by decree of ministers responsible for consumption and industry;
3° The grained finish or graining on leather or on leather crust or on leather slit. This mention is supplemented by the term "how" or "imitation" or other equivalent term followed by the name of the animal or animal imity species or the name of the fantasy motif chosen. However, in the case where the grain of the animal or animal species thus reproduced corresponds respectively to that of the animal or animal species from which the leather is derived, this additional information is optional;
4° For leather items, the designation of the name of the animal or the designation of the animal species. However, this mention is required for leather goods and travel only with respect to external parts;
5° For leather furniture coatings, the designation of the animal's name or the designation of the animal species, the surface state and the type of finish;
6° For leather crust or leather resale furniture, the type of finish.
The tender documents for sale for the consumer, including catalogues and brochures, bear the mentions set out in 2°, 3°, 5° and 6° of Article 3.
At the stages prior to the sale to the consumer the accompanying commercial documents include the following:
1° For all raw materials, their name;
2° For leather, its name, animal species and type of tanning;
3° For leather crust or leather slit, its denomination and the type of tanning;
4° For leather intended for the furniture industry, its name, animal species, type of tanning, surface condition and type of finish;
5° For leather crust or leather slit intended for the furniture industry, its denomination, the tanning type and the finishing type;
6° For the products defined in Article 1, the mentions provided in 2°, 3° and 4° of Article 3.
All references in the preceding paragraphs are clearly and without abbreviations. The use of a code is, however, allowed provided that the meaning of the code is specified.
The requirements of this Decree shall not apply to products legally manufactured or marketed in another Member State of the European Union or in another Contracting State to the Agreement on the European Economic Area or in Turkey.
The decree of 18 February 1986 implementing the trade in leather products and similar leather of the Act of 1 August 1905 on frauds and falsifications in goods or services is repealed.
The provisions of this Decree come into force on the first day of the thirteenth month following its publication.
The Minister of Economy, Industry and Employment, the Minister to the Minister of Economy, Industry and Employment, responsible for the industry, and the Secretary of State for Trade, Crafts, Small and Medium-sized Enterprises, Tourism, Services and Consumer Affairs are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, January 8, 2010.
François Fillon
By the Prime Minister:
Minister of Economy,
industry and employment,
Christine Lagarde
Minister to the Minister of Economy,
industry and employment,
responsible for the industry,
Christian Estrosi
Secretary of State
responsible for trade, crafts,
small and medium-sized enterprises,
tourism, services and consumption,
Hervé Novelli
