19. 4. 94 Official Journal of the European Communities No L 100/37 DIRECTIVE 94/11/EC OF EUROPEAN PARLIAMENT AND COUNCIL of 23 March 1994 on the approximation of the laws, regulations and administrative provisions of the Member States relating to labelling of the materials used in the main components of footwear for sale to the consumer THE EUROPEAN PARLIAMENT AND COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community and in particular Article 100a thereof, Having regard to the proposal from the Commission (!), Having regard to the opinion of the Economic and Social Committee (3), Acting in accordance with the procedure referred to in Article 189b of the Treaty, Whereas in certain Member States there exist Regulations on footwear labelling which are designed to protect and inform the public' as well as to secure the legitimate interests of industry; Whereas the disparity of such Regulations risks creating barriers to trade within the Community, thereby prejudicing the functioning of the internal market; Whereas, in order to avoid problems due to different systems, the items of a common labelling system for footwear should be precisely defined; Whereas the Council resolution of 9 November 1989 on future priorities for relaunching consumer protection policy }) «calls for efforts to improve consumer information on products; Whereas it is in the interests of both consumers and the footwear industry to introduce a system reducing the risk of fraud by indicating the exact nature of the materials used in the main components of footwear; Whereas, in Council resolution of 5 April 1993 on future action on the labelling of products in the interest of the consumer (*), labelling is deemed to be one important means of achieving better information and transparency for the consumer and of ensuring that the internal market functions harmoniously; Whereas the harmonization of national legislation is the appropriate way of removing these barriers to free trade; whereas that objective cannot be satisfactorily achieved by the individual Member States; whereas this Directive establishes only those requirements which are indispensable for the free movement of the products to which it applies, HAVE ADOPTED THIS DIRECTIVE: Article 1 1. This Directive shall apply to the labelling of the materials used in the ‘main components of footwear for sale to the consumer. For the purposes of this Directive, ‘footwear’ shall mean all articles with applied soles designed to protect or cover the foot, including parts marketed separately as referred to in Annex L. A non-exhaustive list of the products covered by the Directive appears in Annex IL. The following shall be excluded from the Directive: — second-hand, worn footwear, — protective  footwear Directive 89/686/EEC (%), — footwear covered by Directive 76/769/EEC (%), covered by — toy footwear. 2. Information on the composition of footwear shall be conveyed by means of labelling as specified in Article 4. (i) The labelling shall convey information relating to the three parts of the footwear as defined in Annex I, namely: (a) the upper; (b) the lining and sock; and (c) the outersole. (i) The composition of the footwear shall be indicated as specified in Article 4 on the basis either of pictograms or of written indications for specific materials, as stipulated in Annex 1. (iii) In the case of the upper, classification of the materials shall be determined on the basis of the provisions contained in Article 4 (1) and in Annex [, no account being taken of accessories or reinforcements such as ankle patches, edging, ornamentation, buckles, tabs, eyelet stays or similar attachments. () OJ No L 399, 30. 12. 1989, p. 18. () O) No L 262, 27. 9. 1976, p. 201.