Changes from report parliamentary committee draft to plenary report

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22b a (new): Article 22ba / Reporting guidelines for companies / 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: / (a) clear instructions regarding reporting schedules to encourage timely data submission and analysis; / (b) specifications for the structure and format of data reporting to ensure uniformity, consistency, and ease of data consolidation for producer responsibility organisations.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 2: 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: / (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; / (b) detailed procedures for the resolution of disputes or issues that may arise between producer responsibility organizations and producers, including mechanisms for appealing decisions.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 3 – point a: (a) are based on the weight and quantity of the products concerned and, for textile products listed in 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 textile 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;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 4: 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 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.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 5 – subparagraph 1 – point b: (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 products usually collected through those collection points;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 5 – subparagraph 1 – point c: (c) ensure the collection, free of charge, of waste generated by social enterprises and other 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.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 8: 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 textile, textile-related and footwear products made available on the market in a given calendar year in a Member State.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 9: 9. By ... [12 months from the entry into force of this amending Directive] the Commission shall adopt 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 delegated act shall be adopted in accordance with the procedure referred to in Article 38a.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 10: 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.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 11: 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 products to the producer responsibility organisation.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 12: 12. Member States shall ensure that collection points set up in accordance with paragraphs 5, 6 and 11 are subject to the registration and permit requirements of this Directive.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 13 – point b: (b) re-use and repair arrangements available for textile and footwear, including the location of collection points and how to correctly donate textiles;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 13 – point c: (c) the role of consumers in correctly contributing to the separate collection of used and waste textile and footwear;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 14 – introductory part: 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 at the point of sale and made accessible through, but not limited to, the following means:

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 14 – point a: (a) a publicly accessible and user-friendly website or other means of electronic communication;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 14 – point b: (b) information in public spaces and at the collection point;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 14 – point c: (c) community engagement through education programmes and campaigns;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 15: 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.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 16: 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.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 17 – point a: (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;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 17 – point b a (new): (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.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22c – paragraph 18: 18. Member States shall ensure that producer responsibility organisations provide 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 (SMEs), taking into consideration the operational realities of waste management operators and ensuring equitable access to waste management services.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 1: 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, preparing for re-use and recycling.

AddedDirective 2008/98/EC

AddedArticle 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 as well as all other handling processes of textile waste, including at subsequent sorting and treatment operations, receive 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 used 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. That screening shall identify and remove non-target items or materials, as well as substances that are potential sources of contamination.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 3 – subparagraph 2: 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, preparing 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.

AddedDirective 2008/98/EC

AddedArticle 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, 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;

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 – point c: (c) items that are assessed as not suitable for re-use are sorted for recycling and, where technological progress allows, in line with the waste hierarchy established in Article 4(1), prioritise upgrading and remaking over fibre-to-fibre recycling.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 – subparagraph 1 a (new): 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).

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 5 a (new): 5a. The sorting operation shall follow the principle of proximity, prioritising local sorting and minimising environmental impacts from transportation.

AddedDirective 2008/98/EC

AddedArticle 1 – paragraph 1 – point 7, Article 22d – paragraph 6: 6. By 31 December 2025 and every 3 years thereafter, Member States shall carry out a compositional survey of collected mixed municipal waste to determine the share and composition in accordance with Annex IVc of waste textiles therein. Member States shall ensure that, on the basis of the information obtained, the competent authorities may require the producer responsibility organisations to take corrective action to increase their network of collection points and carry out information campaigns in accordance with Article 22c(13) and (14). Member States shall ensure that the results of these surveys are available to the public.