SGS Warns Textile and Footwear Manufacturers and Suppliers About 2022 EU Market Surveillance Plans

SGS, the world’s leading inspection, verification, testing and certification company, is warning manufacturers of textiles, garments, and footwear about the European Chemicals Agency’s (ECHA’s) plans for market surveillance in 2022.

Following the publishing of Regulation (EU) 2019/1020 on market surveillance and product compliance in June 2019, the European Union (EU) has strengthened and modernized its market surveillance procedures for non-food products. It will be applied from July 16, 2021, except for some provisions, meaning all products placed on EU markets must be safe and comply with EU harmonized legislation.

The ECHA announced on July 1, 2020, that in 2022 its inspectors will be checking products for compliance with restrictions under:

• REACH – selected hazardous substances
• POPs Regulations – persistent organic pollutants (POPs)

The final decision on which substances will be included in the surveillance will be decided in 2021. Stakeholders should be aware that the final list of substances may also include phthalates and/or perfluorooctane sulfonic acid and its derivatives (PFOS).

The enforcement project is expected to be:

• Prepared – 2021
• Carried out – 2022
• Report – 2023

Regulation (EU) 2019/1020 gives member states additional powers to ensure products comply with harmonized legislation. Its provisions apply to all product categories subject to EU harmonization legislation and are not restricted to apparel, footwear and accessory products. Products that fail to conform may be subject to withdrawal or recall from the EU market.

Legislation that must be adhered to in the context of apparel, footwear and accessory products includes:

• Regulation (EC) 1907/2006 – Registration, Evaluation, Authorization and Restriction of Chemicals (REACH)
o Annex XVII to Regulation (EC) 1907/2006:
 Entry 72 for CMR substances in clothing, textiles and footwear
 Entry 51 for phthalates
• Persistent Organic Pollutants (POPs) under the POPs Recast Regulation

Textile products, footwear and accessories are among the most frequently reported products by market surveillance authorities, which are then notified via the RAPEX system. Stakeholders should be aware that, in recent months, there have been multiple RAPEX notifications for non-conformity in textile and footwear products with the REACH Regulation. These include:

• Neoprene textile products with excessive amount of polycyclic aromatic hydrocarbons (PAHs) – PAHs can cause cancer and are also mutagenic and toxic for reproduction
• Leather components in shoes and gloves with excessive amounts of Chromium (VI) – Chromium (VI) is a sensitizer. It can trigger allergic reactions and can cause cancer

In the case of the neoprene textile products, they were withdrawn from the market and recalled from end users. In the case of the leather components, they were rejected at the border and withdrawn from EU markets.

SGS Softlines Services
SGS has a worldwide network of over 40 state-of-the-art laboratories specializing in testing of apparel, footwear and home textiles. Their committed team is drawn from multi-disciplinary backgrounds, allowing them to carry out a comprehensive range of physical, chemical and functional testing services for components, materials and finished products. SGS helps companies ensure quality, performance and compliance with international, industrial and regulatory standards worldwide. Learn more about SGS’s Softlines Services. []

SGS SafeGuardS keep you up to date with the latest news and developments in the consumer goods industry. Read the full EU Market Surveillance on Textile and Footwear Products SafeGuardS. []

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For further information contact:

Louann Spirito
Consumer and Retail — Softlines
US & Canada Softlines Business Head
Tel: +1 973 461 7919
LinkedIn: sgs-consumer-goods-&-retail

About SGS
SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 89,000 employees, SGS operates a network of over 2,600 offices and laboratories around the world.