What changed between the plenary report and the adopted text

Added:Article 22ba Reporting guidelines for companies

Added:The Commission shall develop comprehensive guidelines for producers of textile, textile-related and footwear products to report electronically back to the producer responsibility organisations the necessary information referred to in Article 22c(13) and Article 22c(17). Those guidelines shall include at least:

Added:(a) clear instructions regarding reporting schedules to encourage timely data submission and analysis;

Added:(b) specifications for the structure and format of data reporting to ensure uniformity, consistency, and ease of data consolidation for producer responsibility organisations. [Am. 73]

Added:Article 22c Producer responsibility organisations for textiles

Added:1. Member States shall ensure that producers of textile, textile-related and footwear products listed in Annex IVc designate a producer responsibility organisation to fulfil their extended producer responsibility obligations laid down in Article 22a on their behalf.

Added:2. Member States shall require producer responsibility organisations intending to fulfil the extended producer responsibility obligations on behalf of producers in accordance with Articles 8a(3), 22a, 22b, 22d and this Article to obtain an authorisation by a competent authority. The authorisation process shall include:

Added:(a) clear criteria for the qualifications and competencies of producer responsibility organisations, including ensuring that they have the necessary expertise in waste management, sustainability and environmental impact assessment;

Added:(b) detailed procedures for the resolution of disputes or issues that may arise between producer responsibility organizations and producers, including mechanisms for appealing decisions. [Am. 74]

Added:3. Member States shall require the producer responsibility organisations to ensure that the financial contributions paid to them by producers of textile, textile-related and footwear products listed in Annex IVc:

Added:(a) are based on the weight and quantity of the products concerned and, for textile products listed in Part 1 of Annex IVc, are modulated on the basis of the ecodesign requirements adopted pursuant to the Regulation .../... of the European Parliament and of the Council [P.O. insert the serial number for the Ecodesign for Sustainable Products Regulation when adopted]*** that are most relevant for the prevention of textile waste and for the treatment of textilestextile waste 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 products, and that ensure the improvement of environmental sustainability and circularity of textiles; [Am. 75]

Added:(b) are adjusted to take account of any revenues by the producer responsibility organisations from re-use, preparing for re-use or from the value of secondary raw materials from recycled waste textiles;

Added:(c) ensure equal treatment of producers regardless of their origin or size, without placing disproportionate burden on producers, including small and medium sized enterprises, of small quantities of textile, textile-related and footwear products listed in Annex IVc.

Added:4. Where necessary to avoid distortion of the internal market and ensure consistency with the ecodesign requirements adopted pursuant to Article 4 read in conjunction with Article 5 of Regulation.../... [P.O. insert the serial number for Ecodesign for Sustainable Products Regulation when adopted], the Commission may shall adopt implementing acts laying down the fee modulation criteria for the application of paragraph 3, point (a), of this Article. That implementing act shall not concern the precise determination of the level of the contributions and shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive. [Am. 76]

Added:5. 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:

Added:(a) offer the collection of such used and waste textile, textile-related and footwear products to the entities referred to in paragraph 6, point a, and provide for the necessary practical arrangements for 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 connected collection points (“connected collection points”);

Added:(b) ensure the collection, with an adaptable schedule that adjusts demand, free of charge, of such used and waste textile, textile-related and footwear products collected at the connected collection points, with a frequency that is proportionate to the area covered and the volume of such used and waste textile and footwear products usually collected through those collection points; [Am. 77]

Added:(c) ensure the collection, free of charge, of waste generated by social enterprises and other non-waste operators from such textile, textile-related and footwear products collected through the connected collection points. as well as promote the full coordination between social enterprises and producer responsibility organisations. [Am. 78]

Added:Any coordination among producer responsibility organisations remains subject to Union competition rules.

Added:6. Member States shall ensure that the collection system referred to in paragraph 5:

Added:(a) 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: social enterprises and social economy entities, distributors, public authorities or third parties carrying out collection on their behalf of used and waste textile, textile-related and footwear products listed in Annex IVc, and other voluntary collection points;

Added:(b) 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, not being limited to areas where the collection and subsequent management of those products is profitable;

Added:(c) maintains a sustained increase of the separate collection rate to achieve technically feasible levels taking into account good practices.

Added:7. Member States shall ensure that the collection rate referred to in paragraph 6, point (c) is calculated in accordance with paragraphs 8 and 9.

Added:8. The separate collection rate referred to in paragraph 6, point (c) shall be calculated as the percentage obtained by dividing the weight of waste textile, textile-related and footwear products listed in Annex IVc collected in accordance with paragraph 5 in a given calendar year in a Member State by the weight of such waste textile, textile-related and footwear products that is generated and collected as mixed municipal waste made available on the market in a given calendar year in a Member State. [Am. 79]

Added:9. By ... [12 months from the entry into force of this amending Directive] the Commission shall adopt implementing delegated acts laying down the methodology for the calculation and verification of the separate collection rate referred to in paragraph 6, point (c) of this Article. That implementing delegated act shall be adopted in accordance with the examination procedure referred to in Article 39(2) 38a. [Am. 80]

Added:10. Member States shall ensure that producer responsibility organisations are not allowed to refuse the participation of local public authorities as well as of social enterprises and other preparing for re-use or re-use operators in the separate collection system established pursuant to paragraph 5. [Am. 81]

Added:11. Without prejudice to paragraph 5, points (a) and (b), and paragraph 6, point (a), Member States shall ensure that social enterprises are allowed to maintain and operate their own separate collection points and that they are given equal or preferential treatment in the location of the separate collection points. Member States shall ensure that local authorities, social enterprises and social economy entities that are part of the connected collection points in accordance with paragraph 6, point (a) are not required to hand over collected used and waste textiles, textile-related and footwear products listed in Annex IVc to the producer responsibility organisation. [Am. 82]

Added:12. Member States shall ensure that collection points set up in accordance with paragraphs 5, 6 and 11 are not subject to the registration orand permit requirements of this Directive. [Am. 83]

Added:13. Member States shall ensure that, in addition to the information referred to in Article 8a(2), producer responsibility organisations make available to end-users, in particular consumers, the following information regarding the sustainable consumption, re-use and end-of-life management of textile and footwear with respect to the textile, textile-related and footwear products listed in Annex IVc that the producers make available on the territory of a Member State:

Added:(a) the role of consumers in contributing to waste prevention, including any best practices, notably by fostering sustainable consumption patterns and promoting good care of products while in use;

Added:(b) re-use and repair arrangements available for textile and footwear, including the location of collection points and how to correctly donate textiles; [Am. 84]

Added:(c) the role of consumers in correctly contributing to the separate collection of used and waste textile and footwear; [Am. 85]

Added:(d) 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 textile and footwear waste, such as littering or discarding in mixed municipal waste.

Added:14. Member States shall ensure that the producer responsibility organisation provide the information referred to in paragraph 13 on a regular basis, that the information is up to date and provided byat the point of sale and made accessible through, but not limited to, the following means of: [Am. 86]

Added:(a) a publicly accessible and user-friendly website or other means of electronic communication; [Am. 87]

Added:(b) information in public spaces and at the collection point; [Am. 88]

Added:(c) community engagement through education programmes and campaigns; [Am. 89]

Added:(d) signposting in a language, or languages, which can be easily understood by users and consumers.

Added:15. Where, in a Member State, multiple producer responsibility organisations are authorised to fulfil extended producer responsibility obligations on behalf of producers, Member States shall ensure that they cover the whole territory of the Member State, with the aim of uniform service quality across the territory of the separate collection system for used and waste textile, textile-related and footwear products listed in Annex IVc. Member States, including those where only one producer responsibility organisation is authorised to fulfil extended producer responsibility obligations on behalf of producers, shall entrust the competent authority or appoint an independent third party to oversee that producer responsibility organisations fulfil their obligations in coordinated manner and in accordance with the Union competition rules. [Am. 90]

Added:16. Member States shall require that producer responsibility organisations ensure the confidentiality of the data in their possession as regards proprietary information or information directly attributable to individual producers or their authorised representatives. That confidentiality shall be maintained throughout data handling, storage and reporting processes, with robust security measures and data protection standards in place to prevent unauthorised access or potential data breaches. [Am. 91]

Added:17. 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):

Added:(a) at least each year, subject to commercial and industrial confidentiality, the information on the amount and weight of products placed on the market, the rate of separate collection of used and waste textile, textile-related and footwear products listed in Annex IVc, including such unsold products, and quantities of textile waste collected from social enterprises, on the rates of re-use, preparation for re-use and recycling, specifying separately the rate of fibre-to-fibre recycling, achieved by the producer responsibility organisation, and on the rates of other recovery, disposal and exports; [Am. 92]

Added:(b) information on the selection procedure for waste management operators selected in accordance with paragraph 18.;

Added:(ba) clear and concise data regarding the environmental impact of textile, textile-related and footwear products, including the impact on the environment and human health, particularly with respect to fast-fashion practices and consumption, recycling and other recovery, and disposal; that information shall also address inappropriate discarding of textile and footwear waste, such as littering or discarding in mixed municipal waste and the steps taken to mitigate these impacts. [Am. 93]

Added:18. Member States shall ensure that producer responsibility organisations provide for a transparent and non-discriminatory selection procedure for waste management operators, based on clear, fair and transparent award criteria, without placing any disproportionate burden on small and medium-sized enterprises to procure waste management services from(SMEs), taking into consideration the operational realities of waste management operators referred to in paragraph 6(a) and fromand ensuring equitable access to waste management operators to carry out subsequent waste treatmentservices. [Am. 94]

Added:19. Member States shall ensure that producer responsibility organisations require the reporting of data from the producers on the textile, textile-related and footwear products listed in Annex IVc made available on the market on an annual basis.

Added:Article 22d Management of textile waste

Added:1. Member States shall ensure, by 1 January 2025 and subject to Article 10(2) and (3), the separate collection of textiles for re-use, preparationpreparing for re-use and recycling. [Am. 95]

Added:2. Member States shall ensure that the collection, loading and unloading, transportation and storage infrastructure and operations andas well as all other handling processes of textile waste, including at subsequent sorting and treatment operations, receivesreceive adequate protection from weather adverse conditions and other potential sources of contamination such as pollutants, chemicals or hazardous materials in order to prevent damage and cross-contamination of the collected textilesused textile products and waste textile products. Separately collected used and waste textiles shall be subject to a rigorous and professional screening process at the separate collection point to. That screening shall identify and remove non-target items or materials or, as well as substances that are a sourcepotential sources of contamination. [Am. 96]

Added:3. Member States shall ensure that used and waste textiles, textile-related and footwear products that are separately collected in accordance with Article 22c(5) are considered waste upon collection.

Added:With regard to textiles other than the products listed in Annex IVc, as well as unsold textile, textile-related and footwear products listed in Annex IVc, Member States shall ensure that the different fractions of textiles materials and textiles items are kept separate at the point of waste generation where such separation facilitates subsequent re-use, preparationpreparing for re-use or recycling. That separation shall be carried out efficiently to maximise resource recovery and environmental benefits, including fibre-to-fibre recycling where technological progress allows and in a cost-effective manner. [Am. 97]

Added:4. Member States shall ensure that used and waste textiles, textile-related and footwear products that are separately collected in accordance with Article 22c(5) are subject to sorting operations to ensure the treatment in line with the waste hierarchy established in Article 4(1).

Added:5. Member States shall ensure that sorting operations of used and waste textile, textile-related and footwear products that are separately collected in accordance with Article 22c(5) comply with the following requirements:

Added:(a) the sorting operation is to generate textiles for re-use and preparation for re-use;

Added:(b) sorting for re-use operations sort textile items at an appropriate level of granularity, allowing from item to item sorting, separating fractions that are fit for direct re-use from those that are to be subject to further preparation for re-use operations, target a specific re-use market applying up-to-date sorting criteria relevant to the receiving market; [Am. 98]

Added:(c) items that are assessed as not suitable for re-use are sorted for recycling and, where technological progress allows, specifically forin line with the waste hierarchy established in Article 4(1), prioritise upgrading and remaking over fibre-to-fibre recycling. [Am. 99]

Added:(d) the output of sorting and subsequent recovery operations destined for re-use meet the criteria for ceasing to be considered as waste, as referred to in Article 6.

Added:Member States may establish mechanisms for the regular monitoring and auditing of sorting operations to ensure compliance with the requirements laid down in points (a), (b), (c), and (d). [Am. 100]

Added:5a. The sorting operation shall follow the principle of proximity, prioritising local sorting and minimising environmental impacts from transportation. [Am. 101]