Changes from report parliamentary committee draft to report parliamentary committee draft

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 1: 1. Member States shall ensure, by ... [(PO insert date)[thirty six] months after the entry into force of the implementing acts laid down in this amending Directive] and subject to Article 10(2) and (3), that the separate collection of used textile products for re-use, the separate collection of waste textile products for preparing for re-use and recycling complies with the new requirements.

RemovedArt. 11 par. 1 subpar. 3, as is in the original text of the Waste Framework Directive, indicated that Member States are to introduce separate collection for textiles by 1 January 2025. The difference now is that this amendment has also added the new provisions in the Draft Report regarding a separate collection point which may also differentiate used textile products from waste textile products, whilst lining up with the new timeframes.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 2: 2. Member States shall ensure that the collection, loading and unloading, transportation and storage infrastructure and operations and other handling of waste textile products, including at subsequent sorting and treatment operations, receives protection from weather conditions and other sources of contamination to prevent damage and cross-contamination of the collected used and waste textile products. Separately collected used and waste textile products shall be subject to a screening at the separate collection point to identify and remove non-target items or materials or substances that are a source of contamination.

RemovedThe requirements referred to in Article 22d(1) and (2) will in some cases involve the retrofitting of separate municipal waste collection points and construction work.

RemovedFunding for such activities would already have to be secured by municipalities this year (2023), which is not possible due to the stage of work on this project (and there must first be new requirements transposed into national law in order for action to be taken).

RemovedIt is therefore proposed to insert a deadline depending on the transposition deadline of the Directive (e.g. 36 months) instead of the specific deadline currently indicated.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 3 – subparagraph 1: Member States shall ensure that waste textiles products that are separately collected in accordance with Article 22c(5) are considered waste upon collection. / Used textile products which can be clearly distinguished as such upon collection shall not be considered to be waste. / A place where used textile products can be accepted which, upon acceptance, are checked for their suitability for re-use and, if unsuitable, are not accepted, shall not be considered to be a separate collection point.

RemovedThis point would have artificially inflated the amount of textile waste without these changes in this amendment. In addition, charities collecting used clothing will have to comply with the requirements for waste collectors.

RemovedNecessary to have distinction of used textile products, which never become waste, and waste textile products, to be realised as much as possible.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 3 – subparagraph 2: With regard to textiles other than the textile products, as well as unsold textile products, 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, preparing for re-use or recycling, including fibre-to-fibre recycling where technological progress allows.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 4: 4. Member States shall ensure that used and waste textile products that are collected in separate collection points 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).

RemovedIn general, sorting operations refer to waste. If social (charitable) institutions only accept second-hand textiles (by verifying their quality right away when accepting them and not accepting textile waste), why else sort them - unnecessarily consuming energy, human labour, etc.?

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 – introductory part: 5. Member States shall ensure that sorting operations of used and waste textile products that are separately collected in accordance with Article 22c(5) comply with the following requirements:

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 – point a: (a) the sorting operation is to generate textiles for re-use;

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 – point b: (b) sorting for re-use operations sort textile items at an appropriate level of granularity, separating fractions that are fit for direct re-use from those that are to be subject to further preparing for re-use operations, target a specific re-use market applying up-to-date sorting criteria relevant to the receiving market;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 6: deleted

RemovedIt is unrealistic to carry out the tests within this timeframe.

RemovedIn order to analyse the morphology of mixed municipal waste, the studies need to last a full calendar year. The methodology for such studies must also be prepared (the preamble mentions NUTS2, Annex IVc lists the types of textiles to be considered) and funding must be provided (and tendering procedures taken into account), so the work to carry out such studies would have to start already (to meet the proposed deadline), which is not possible as the final text of the amendments to the Directive is not known.

RemovedIt is proposed to insert a deadline depending on the deadline for transposition of the Directive (e.g. 36 months) instead of the current specific deadline indicated in Article 22d paragraph (6).

RemovedIn addition, the question arises as to why morphology surveys should be carried out only because of textiles? It seems that they should also apply to other fractions, e.g. food waste. In that case, the question of covering costs remains. As indicated in the commentary to Article 22c, paragraph 8 - rates should be calculated on the basis of textiles placed on the market.

RemovedTherefore, this paragraph 6 would be unnecessary.

RemovedSuch a mechanism creates unnecessary costs on the part of administration and business.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 7: 7. Member States shall ensure that, in order to distinguish between used and waste textile products, shipments of used textile products suspected of being waste may be inspected by the competent authorities of Member States for compliance with the minimum requirements set out in paragraphs 8 and 9 for the shipments of used textile products and monitored accordingly.

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 8 – introductory part: 8. Member States shall ensure that shipments arranged on a professional basis of used textile products comply with the minimum record keeping requirements set out in paragraph 9 and are accompanied by at least the following information:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 8 – point a: (a) a copy of the invoice and contract relating to the sale or transfer of ownership of the textile products which states that they are destined for direct re-use and that they are fit for direct re-use;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 8 – point b: (b) evidence of a sorting operation carried out in accordance with this Article and, where available, the criteria adopted pursuant to Article 6(2), in the form of a copy of the records on every bale within the consignment and a protocol containing all record information according to paragraph 9, with the exception of transport of donations for victims of natural disasters;

RemovedCharitable organisations and crisis response, including for victims of natural disasters, should have total flexibility and exemption from any hindrances in operating.

RemovedIn addition, this provision, without the amendment, may result in a reduction in foreign aid in the form of second-hand clothing provided by charities.

Removed“Prior sorting” as opposed to “sorting” appears only here in the whole text, and as such, it feels as though it is not necessary, does not change the meaning, and reads clearer being consistent with the whole text.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 8 – point c: (c) a declaration made by the natural or legal person in possession of used textile products that arranges, on a professional basis, the transport of used textile products that none of the material within the consignment is waste as defined by Article 3(1);

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 9 – introductory part: 9. Member States shall ensure that shipments of used textile products comply with the following minimum record keeping requirements:

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 9 – point a: (a) the record of the sorting or preparing for re-use operations shall be fixed securely but not permanently on the packaging;

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 9 – point b – point 1: (1) a description of the item or items present in the bale reflecting the most detailed sorting granularity that the textile items have undergone during the sorting or preparing for re-use operations such as type of clothes, size, colour, gender, material composition,

RemovedHorizontal change.

RemovedDirective (EU) 2008/98/EC

RemovedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 9 – point b – point 2: (2) the name and address of the company responsible for the final sorting or preparing for re-use