Monday, October 28, 2013

Opening a Textile Factory in Romania - a Legal Perspective

According to the data provided by the Romanian Ministry of European Integration the clothing textile sector is one of the dynamic sectors of the Romanian industry, mainly the clothing industry that managed to keep largely a high degree of competitiveness. This made the Romanian products represent 4.4% of EU imports (mainly in Germany and Italy).
In terms of competitiveness, there are differences between sub-sectors of the clothing and textile industry. Textile related products and stockings are competitive on the international and EU market, the production of knitwear has approx. 75% of competitive products, especially cotton, wool and silk with high complexity of processing. The production of woolen fabrics and silk for clothing has over 80% of competitive products.
A company thato perates in the textile industry, is a company that inserted in the Constitutive Act one of the following NACE Codes that define the its activity: 1310 Preparation and spinning of textile fibers, 1320 Production of fabrics, 1330 Finishing of textiles, 1391 Manufacture of knitted and corsetry, 1392 Manufacture of carpets and rugs, 1399 Manufacture of other textiles, 1411 Manufacture of leather clothes, 1413 Manufacture of wearing apparel, 1420 manufacture of articles of fur.
A company specialized in textile and clothing production is to obtain authorization for operation in terms of safety and health at work. This authorization is necessary in order to ensure the health and safety conditions at work and the prevention of accidents and occupational diseases; therefor employers are required to obtain it before the starting of any work.
For authorization in terms of safety and health at work, the employer shall submit an application to the Territorial Labor Inspectorate within whose jurisdiction they operate. This is necessary because when it comes to the activities developed in this domain there are certain special regulations to be followed.
These are a couple of obligations established by the laws regulating this particular domain:   Every type of machine will work on only by qualified and trained personnel on the functioning of the machine in question.Before commissioning the machine dangerous areas specific to each machine will be verified. Any technical work it is forbidden when protective devices are missing or when they are out of service or when flaws intervene. Any intervention to the machinery during its utilization is forbidden.  In case of technical equipment malfunctions or disturbances, the machine will be stopped and the head job will be announced. When it comes to tailoring while working to control the mechanical ramp it is prohibited for employeesto stay in range of the device for folding and / or the conveyor.  It is prohibited to crowd the clutter table with auxiliary devices.
Another step in order to start the actual activity of the company specialized in textile and clothing activity is obtaining an environmental authorization from the National Environmental Protection Agency.  According to the laws that regulate this domain these are some of the necessary documents for the obtaining the environmental authorization
a) Application for environmental authorization;
b) Sheet and statement presentation
c) Proof that the request has published in at least one of the methods of information approved by the law;
d) The Admission Plan in the target area;
e) the written statement of compliance with all conditions imposed by environmental agreement;
It’s important to take into consideration the fact that when it comes to the composition,labeling and marking of the fiber composition of textile products a producer needs to take into consideration the provisions of the relevant legislation. These are a couple of rules that need to be followed:
Only textile products exclusively composed of the same fiber may be labeled or marked as "100%" , "pure " or "all " .
A textile product containing 2% by weight of foreign fibers may also be treated as being composed of the same fiber, provided that this quantity is justified as being technically unavoidable in good practices production and is not added as a matter of routine.
A textile product which has undergone a carding process can also be treated as being composed of the same fiber if it contains less than 5% by weight of foreign fibers , provided this quantity is justified as the unavoidable technically in good manufacturing practice and it’s not added as a matter of routine .
A textile product shall be labeled or marked with the name and percentage by weight of all constituent fibers in descending order.
For textile products whose composition is difficult to specify the time of manufacture, labeling or marking may use the term "mixed fibers" or the term ' unspecified textile composition'.
The fibers that are not yet listed in may be designated by the term 'other fibers', immediately preceded or followed by the total percentage by weight.
Just like in the case of other industries the technical innovations made in the textile industry are protected by the Romanian law if registered at the State Office for Inventions and Trademarks.An invention is considered new if it does not fit in the prior technical evolution.

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