Article 22c / Producer responsibility organisations for textiles
Without prejudice to Article 8a(4), Member States shall require producer responsibility organisations to ensure that the financial contributions paid to them by producers of textile, textile-related or footwear products listed in Annex IVc:
are based on the weight and, where appropriate, the quantity of the products concerned and, for textile, textile-related and footwear products listed in Annex IVc, are modulated on the basis of the ecodesign requirements adopted pursuant to Regulation (EU) 2024/1781 that are most relevant for the prevention of waste generated from textile, textile-related and footwear products and for their treatment in line with the waste hierarchy and the corresponding measurement methodologies for those criteria adopted pursuant to that Regulation or on the basis of other Union law establishing harmonised sustainability criteria and measurement methods for textile, textile-related and footwear products, and that ensure the improvement of environmental sustainability and circularity of those products;
take account of the revenues by the producer responsibility organisations from re-use, from preparing for re-use or from the value of secondary raw materials from recycled waste textiles;
ensure equal treatment of producers regardless of their origin or size, without placing disproportionate burdens on producers, including small and medium-sized enterprises, of small quantities of textile, textile-related or footwear products listed in Annex IVc.
Member States shall ensure that the producer responsibility organisations establish a separate collection system for used and waste textile, textile-related and footwear products listed in Annex IVc, regardless of their nature, material composition, condition, name, brand, trademark or origin, in the territory of a Member State where they make those products available on the market for the first time. The separate collection system shall:
offer the actors referred to in paragraph 9, point (a), the collection of such used and waste textile, textile-related and footwear products, and provide for the practical arrangements necessary for the collection and transport of such used and waste textile, textile-related and footwear products, including the provision, free of charge, of suitable collection and transport containers, to the collection points which are part of the producer responsibility organisation’s collection system;
ensure the collection, free of charge, of such used and waste textile, textile-related and footwear products collected through the collection points which are part of the producer responsibility organisation’s collection system, with a frequency that is adapted to the area covered and the volume of such used and waste textile, textile-related and footwear products usually collected through those collection points;
ensure the collection, free of charge, of waste generated by social economy entities and other actors from such textile, textile-related and footwear products collected through the collection points, which are part of the producer responsibility organisation’s collection system, in a coordinated manner between the producer responsibility organisation and social economy entities and such other actors.
Any coordination among producer responsibility organisations shall remain subject to Union competition law.
Member States shall ensure that the collection system referred to in paragraph 8:
consists of collection points set up by the producer responsibility organisations and waste management operators on their behalf in cooperation with one or more of the following actors: social economy entities, retailers, public authorities or third parties carrying out on behalf of those authorities the collection of used and waste textile, textile-related and footwear products listed in Annex IVc, and operators of voluntary collection points;
covers the whole territory of the Member State, taking into account population size and density, expected volume of used and waste textile, textile-related and footwear products listed in Annex IVc, accessibility and vicinity to end-users, without being limited to areas where the collection and subsequent management of those products is profitable;
maintains a sustained and technically feasible increase in the separate collection and corresponding decrease in mixed municipal waste collection of used and waste textile, textile-related and footwear products listed in Annex IVc, based on available good practices.
Member States shall ensure that social economy entities that operate their own separate collection points in accordance with paragraph 11 submit at least once a year to the competent authority information on the quantity by weight of the separately collected used and waste textile, textile-related and footwear products listed in Annex IVc, specifying:
the quantity by weight assessed as fit for re-use, indicating, where possible, the quantity by weight exported;
the quantity by weight destined to preparing for re-use, and recycling, where available specifying separately fibre-to-fibre recycling, indicating, where possible, the quantity by weight exported; and
the quantity by weight destined to other recovery or disposal.
Member States shall ensure that, in addition to the information referred to in Article 8a(2), producer responsibility organisations make available to end users the following information regarding sustainable consumption, including second-hand options, re-use and end-of-life management of textile and footwear with respect to the textile, textile-related or footwear products listed in Annex IVc that the producers make available on the market for the first time:
the role of end users in contributing to waste prevention, including any best practices, in particular by fostering sustainable consumption patterns and promoting good care of products while in use;
re-use and repair arrangements available for textile and footwear;
the location of collection points;
the role of end users in correctly contributing to the separate collection of used and waste textile, textile-related and footwear products, including through donation;
the impact on the environment, human health as well as social and human rights of textile production, in particular fast-fashion practices and consumption, recycling and other recovery and disposal and inappropriate discarding of waste textile, textile-related and footwear products, such as littering or discarding in mixed municipal waste as well as the steps taken to mitigate the impact on the environment and on human health.
Member States shall ensure that the producer responsibility organisation provides the information referred to in paragraph 14 on a regular basis, and that the information is up to date and provided by means of:
a website or other means of electronic communication;
communication in public spaces and at the collection point;
education programmes, awareness raising campaigns, and community engagement activities;
signposting in a language or languages which can be easily understood by users and consumers.
Member States shall designate the competent authority or appoint an independent third party to oversee that producer responsibility organisations fulfil their obligations in a coordinated manner and in accordance with Union competition law. Member States in which only one producer responsibility organisation is entrusted to fulfil extended producer responsibility obligations on behalf of producers may designate the competent authority or appoint an independent third party to oversee that the producer responsibility organisation fulfils its obligations in accordance with the Union competition law.
Member States shall ensure that producer responsibility organisations publish on their websites, in addition to the information referred to in Article 8a(3), point (e):
at least once a year, subject to commercial and industrial confidentiality, the information on:
the amount, including the quantity by weight, of products made available on the market for the first time;
the quantity by weight of separate collection of used and waste textile, textile-related and footwear products listed in Annex IVc, specifying separately such unsold products;
the rates of re-use, preparing for re-use, and recycling, specifying separately the rate of fibre-to-fibre recycling, achieved by the producer responsibility organisation;
the rates of other recovery and disposal; and
the rates of exports of used textile, textile-related and footwear products listed in Annex IVc assessed as fit for re-use, and exports of waste textile, textile-related and footwear products listed in Annex IVc;
information on the selection procedure for waste management operators selected in accordance with paragraph 19.
Member States shall ensure that producer responsibility organisations provide for a transparent and non-discriminatory selection procedure for waste management operators, based on transparent award criteria, without placing any disproportionate burden on small and medium-sized enterprises, to procure:
waste management services from waste management operators referred to in paragraph 9, point (a), and
subsequent waste treatment.
By way of derogation from the first subparagraph of this paragraph, Member States shall require that, in respect of producers that are enterprises that employ fewer than 10 persons and whose annual turnover and annual balance sheet does not exceed EUR 2 million, producer responsibility organisations request those enterprises to submit, on an annual basis, only the information listed in paragraph 18, point (a), point (i).
The Commission shall amend Commission Implementing Decisions (EU) 2019/1004 ( 19 ) and (EU) 2021/19 ( 20 ) to include, in accordance with Article 37(7) of this Directive, the information referred to in the first subparagraph. The amended implementing acts shall address:
information on reporting schedules;
specifications concerning the structure and format of data reporting with a view to ensuring uniformity, consistency and ease of data consolidation for producer responsibility organisations.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).