Changes from adopted text to adopted text

Removed5. Member States shall ensure that producers of textiles, textile-related and footwear products listed in Annex IVc cover the costs referred to in paragraph 4 of this Article in relation to the used and waste textiles, textile-related and footwear products listed in Annex IVc deposited at the collection points set up in accordance with Article 22c, points 5 and 11, where such products were made available on the market for the first time within the territory of a Member State after [P.O. insert date of entry into force of this amending Directive], including any used and waste textiles that may be collected through private take-back schemes and later aggregated with textiles collected pursuant to Article 22c(5). [Am. 64]

Removed6. The costs to be covered referred to in paragraph 4 shall not exceed the costs that are necessary to provide the services referred to in that paragraph in a cost-efficient way consistent with the waste hierarchy and shall be established in a transparent way between the actors concerned. [Am. 65]

Removed6a. Providers of online platforms allowing consumers to conclude distance contracts with traders shall ensure that producers of textile, textile-related and footwear products listed in Annex IVc shall be registered in the register of the producers referred to in Article 22b in the Member State where the consumer is located, before placing products from those producers onto their platforms. [Am. 66]

Removed7. For the purpose of compliance with Article 30, paragraph 1, points (d) and (e), of Regulation (EU) 2022/2065, Member States shall ensure that providers of online platforms, falling within the scope of Chapter 3, Section 4 of that regulation, allowing consumers to conclude distance contracts with producers offering textile, textile-related and footwear products listed in Annex IVc to consumers located in the Union obtain the following information from producers;

Removed(a) information on the registration in the register of the producers referred to in Article 22b in the Member State where the consumer is located and the registration number(s) of the producer in that register;

Removed(b) a self-certification by the producer committing itself to only offering textile, textile-related and footwear products listed in Annex IVc with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 4 of this Article and Article 22c(1) are complied with in the Member State where the consumer is located.

Removed8. Member States shall ensure that the extended producer responsibility schemes laid down in paragraph 1 of this Article are established by [P.O insert date thirty eighteen months after the entry into force of this amending Directive] in accordance with Articles 8, 8a, 22a to 22d. [Am. 67]

RemovedArticle 22b Textile, textile-related and footwear producer register

Removed1. Member States shall establish a register of producers of textile, textile-related and footwear products listed in Annex IVc to monitor compliance of those producers with Article 22a and 22c(1).

RemovedMember States shall ensure that the register provides links to other national registers to facilitate the registration of producers in all Member States. The register shall be easily accessible and free of charge to the public online. [Am. 68]

Removed2. Member States shall ensure that producers are required to register in the register referred to in paragraph 1. To that end, Member States shall require the producers to submit an application for registration in each Member State where they make textile, textile-related and footwear products listed in Annex IVc available on the market for the first time.

Removed2a. Member States shall inform the other Member States about the link to the national register within 30 days of the launch of that register. [Am. 69]

Removed3. Member States shall only allow producers to make available on the market for the first time within their territory textile, textile-related and footwear products listed in Annex IVc where they or, in the case of authorisation, their authorised representatives for the extended producer responsibility, are registered in that Member State.

Removed4. The application for registration shall include the following information:

Removed(a) name, trademark and brand names, where available, under which the producer operates in the Member State and address of the producer including postal code and place, street and number, country, telephone, if any, web address and e-mail address, and name of a single contact point;

Removed(b) national identification code of the producer, including its trade register number or equivalent official registration number and Union or national tax identification number;

Removed(c) the Combined Nomenclature codes of the textile, textile-related and footwear products listed in Annex IVc that the producer intends to make available on the market for the first time within the territory of that Member State;

Removed(d) the name, postal code, place, street and number, country, telephone, web address, e-mail address and national identification code of the producer responsibility organisation, trade register number or an equivalent official registration number, the Union or national tax identification number of the producer responsibility organisation, and the represented producer’s mandate;

Removed(e) a statement by the producer or the producer responsibility organisation, stating that the information provided is true.

Removed5. Member States shall ensure that the obligations under this Article may, on the producer’s behalf, be met by a producer responsibility organisation.

RemovedWhere a producer has designated a producer responsibility organisation, the obligations under this Article shall be met by that organisation mutatis mutandis unless otherwise specified by the Member State.

Removed6. Member States shall ensure that the competent authority:

Removed(a) receives applications for the registration of producers referred to in paragraph 2 via an electronic data-processing system the details of which shall be prominently made available on the competent authorities’ website; [Am. 70]

Removed(b) grants registrations and provides a registration number within a maximum period of 12 weeks from the moment that the information laid down in paragraph 4 is provided;

Removed(c) may lay down detailed arrangements with respect to the requirements and process of registration without adding substantive requirements to the ones laid down in paragraph 4;

Removed(d) may charge cost-based and proportionate fees to producers for the processing of applications referred to in paragraph 2.

Removed7. The competent authority may refuse or withdraw the producer’s registration where the information outlined in paragraph 4 and related documentary evidence is not provided or is not sufficient or where the producer no longer meets the requirements set out in paragraph 4, point (d).

Removed8. Member States shall require the producer, or, where applicable, the producer responsibility organisation to notify the competent authority without undue delay of any changes to the information contained in the registration in accordance with paragraph 4, point (d), and of any permanent cessation as regards the making available on the market for the first time within the territory of the Member State of the textile and footwear products referred to in the registration. A producer shall be excluded from the register of producers if it has ceased to exist.

Removed9. Where The information in the register of producers is not shall be publicly accessible, machine readable, sortable and searchable, respecting open standards for third party use. Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers are granted access, free of charge, to the register. [Am. 71]

Removed9a. No later than 31 December 2026, the Commission shall assess the feasibility of establishing a Union-wide register for producers of textile, textile-related, and footwear products listed in Annex IVc. That assessment shall encompass the potential benefits, challenges and administrative capacity required for the implementation of such Union-wide register. [Am. 72]

Removed10. The Commission shall adopt implementing acts establishing the harmonised format for registration in the register based on the information requirements set out in paragraph 4 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).

RemovedArticle 22ba Reporting guidelines for companies

RemovedThe 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:

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

Removed(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]

RemovedArticle 22c Producer responsibility organisations for textiles

Removed1. 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.

Removed2. 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:

Removed(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;

Removed(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]

Removed3. 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:

Removed(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]

Removed(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;

Removed(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.

Removed4. 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]

Removed5. 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:

Removed(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”);

Removed(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]

Removed(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]

RemovedAny coordination among producer responsibility organisations remains subject to Union competition rules.

Removed6. Member States shall ensure that the collection system referred to in paragraph 5:

Removed(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;

Removed(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;

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

Removed7. Member States shall ensure that the collection rate referred to in paragraph 6, point (c) is calculated in accordance with paragraphs 8 and 9.

Removed8. 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]

Removed9. 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]

Removed10. 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]

Removed11. 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]

Removed12. 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]