(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2023)0420),

–  having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9‑0233/2023),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the opinion of the European Economic and Social Committee of 25 October 2023(1),

–  after consulting the Committee of the Regions,

–  having regard to Rules 59 its Rules of Procedure,

–  having regard to the opinion of the Committee on Agriculture and Rural Development,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0055/2024),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

(1) OJ C, C/2024/888, 06.02.2024, ELI: http://data.europa.eu/eli/C/2024/888/oj

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee(1),

Having regard to the opinion of the Committee of the Regions(2),

Acting in accordance with the ordinary legislative procedure,

Whereas:

(-1)   Waste prevention and management for all types of waste is a crucial tool in the pursuit of protecting the environment and human health in the Union. As Member States strive to improve continuously their waste prevention and management programmes, it is vital to stringently apply the waste hierarchy. [Am. 1]

(1)  The European Green Deal and the Circular Economy Action Plan(3) call for reinforced and accelerated Union and Member State action to ensure environmental and social sustainability of the textiles and food sectors as they represent top resource intensive sectors that cause significant negative environmental externalities. In those sectors, financing and technological gaps, among other things, impede progress towards the transition to a circular economy and decarbonisation. The food and textiles sectors are the first- and the fourth- most resource-intensive sectors respectively(4) and they do not fully adhere to the fundamental Union waste management principles set out in the waste hierarchy which requires the prioritisation of waste prevention followed by preparation for re-use and recycling. These challenges require systemic solutions with a lifecycle approach with particular attention paid to food and textile products. [Am. 2]

(2)  According to the EU Strategy for Sustainable and Circular Textiles(5) important changes are needed to move away from the currently prevailing linear way in which textile products are designed, produced, used and discarded, with a particular need to limit fast fashion. According to the Strategy’s vision for 2030, consumers should benefit longer from high quality affordable textiles. That Strategy considers it important to make producers responsible for the waste that their products create and refers to the establishment of harmonised Union extended producer responsibility rules for textiles with eco-modulation of fees. It provides that the key objective of such rules is to create an economy for collection, sorting, re-use, preparation for re-use and recycling, and to incentivise producers to ensure that their products are designed in respect of circularity principles. To that end, it foresees that a notable share of contributions made by producers to extended producer responsibility schemes have to be dedicated to waste prevention measures and preparation for re-use. It also supports the need for strengthened and more innovative approaches to sustainable management of biological resources to increase the circularity and valorisation of food waste and re-use of bio-based textiles. [Am. 3]

(2a)   According to the briefing of the European Environmental Agency entitled ‘Microplastics from textiles in Europe’(6), up to 35 % of global microplastics released into the aquatic, terrestrial and marine ecosystems are from synthetic textiles. Plastic waste impairing aquatic, terrestrial and marine ecosystems can be appropriately collected, recycled and ultimately given a new life promoting a full circular economy as well as raising public awareness for the dissemination of best practices. [Am. 4]

(3)  Having regard toTaking into account the negative effects of food waste, Member States committed themselves to taking measures to promote the prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, and the SDG Target 12.3 in particular, adopted by the United Nations (UN) General Assembly on 25 September 2015, and in particular its target of halving per capita global food waste at the retail and consumer levels and reduce food losses along production and supply chains, including post-harvest losses, by 2030. Those measures aimed to prevent and reduce food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. [Am. 5]

(4)  As a follow-up to the Conference on the Future of Europe, the Commission committed itself to enabling citizens’ panels to deliberate and make recommendations ahead of certain key proposals. In this context, a European Citizens’ panel was convened, from December 2022 to February 2023 to elaborate a list of recommendations(7) on how to step-up actions to reduce food waste in the Union. As households account for over half of food waste generated in the Union, citizens’ insights on food waste prevention are particularly relevant. Citizens recommended three principal lines of action including strengthening cooperation in the food value chain, food business initiatives and supporting consumer behavioural change. The panel’s recommendations will continue to support the Commission’s overall work programme related to food waste prevention and may serve as a guide to help Member States in achieving the food waste reduction targets.

(5)  Directive 2009/31/EC of the European Parliament and of the Council(8) excluded from the scope of Directive 2006/12/EC of the European Parliament and of the Council(9) carbon dioxide captured and transported for the purposes of geological storage and geologically stored pursuant to the requirements of Directive 2006/12/EC. The provision in Directive 2009/31/EC amending Directive 2006/12/EC was not, however, incorporated in Directive 2008/98/EC of the European Parliament and of the Council(10), which repealed Directive 2006/12/EC. Therefore, for the purposes of ensuring legal certainty, this Directive incorporates the amendments of Directive 2009/31/EC concerning the exclusion of carbon dioxide captured and transported for the purposes of geological storage and geologically stored from the scope of Directive 2008/98/EC.

(5a)   Wood is a valuable resource and it is encouraged to be added to a list of materials subject to separate collection, and with re-use and recycling targets. [Am. 6]

(6)  Definitions of producers of textile products, online platforms and producer responsibility organisations linked to the implementation of the extended producer responsibility for textiles need to be included in Directive 2008/98/EC so that the scope of these concepts and linked obligations is clarified.

(7)  Member States have, to a certain extent, developed materials and carried out campaigns targeting food waste prevention for consumers and food business operators; however, these mainly focus on raising awareness rather than elicitingand substantial dietary shifts including behavioural change. In order to reach the full potential for reducing food waste and ensure progress over time, behavioural change interventions have to be developed, tailored to the specific situations and needs in Member States, and fully integrated in national food waste prevention programmes. Importance should also be given to regional circular solutions, including public-private partnerships and citizen engagement as well adaptation to specific regional needs such as outermost regions or islands. [Am. 7]

(8)  Despite the growing awareness of the negative impacts and consequences of food waste, the political commitments made at EU and Member State levels, and Union measures implemented since the 2015 Circular Economy Action Plan, food waste generation is not sufficiently decreasing to make significant progress towards achieving Target 12.3 of the UN Sustainable Development Goal (SDG) 12. In order to ensure significant contribution towards the attainment of SDG Target 12.3, the measures to be taken by Member States should be strengthened to make progress in the implementation of this Directive and of other appropriate measures to reduce food waste generation.

(9)  In order to achieve results in the short term, and to give food business operators, consumers and public authorities the necessary perspective for the longer term, quantified targets for reduction of food waste generation, to be achieved by Member States by 2030, should be set.

(10)  Having regard to the Union’s commitment to the ambition set out in SDG Target 12.3, The setting of food waste reduction targets to be achieved by Member States by 2030, in line with the Union’s commitment to the ambition set out in SDG Target 12.3, should provide a strong policy impulse to take action and ensure a significant contribution to global targets. However, given the legally binding nature of such targets, they should be proportionate, attainable and feasible, and take into account the role of different actors in the food supply chain as well as their capacity, (in particular micro and small enterprises). The establishment of legally binding targets should thus follow a step-wise approach, starting with a level which is lower than the one set under the SDG, with a view to ensuring a consistent response of Member States and tangible progress towards Target 12.3. [Am. 8]

(10a)   Disparities in bargaining power between suppliers and buyers of agricultural and food products still persist in food supply chains across the Union. This is particularly the case in the agricultural sector, since the specific nature of agricultural products and the associated need to dispose of them quickly distorts equality among counterparties from the very outset. Every effort should therefore be made to ensure that the most common unfair trading practices affecting agricultural suppliers, particularly in the supply of perishable products, do not increase as a result of binding targets to reduce food waste. [Am. 9]

(10b)   The European Economic and Social Committee and the European Food Security Crisis preparedness and response Mechanism has recognised the contribution of packaging in reducing food waste and ensuring food supply and security. [Am. 10]

(11)  Reducing food waste at the production and consumption stages requires different approaches and measures and involves different stakeholder groups. Therefore, one target should be proposed for the processing and manufacturing stage and another one for the retail and other distribution of food, restaurants and food services and households. Reducing food waste at any point along the food supply chain yields a significant positive environmental impact. [Am. 11]

(12)  Bearing in mind the interdependence between the distribution and consumption stages in the food supply chain, in particular the influence of retail practices on consumer behaviour and the relation between food consumption in- and out-of-home, it is advisable to set up one joint target for these stages of the food supply chain. Setting separate targets for each of these stages would add unnecessary complexity and would limit Member States’ flexibility in focusing on their specific areas of concern. In order to avoid that a joint target results in excessive burden on certain operators, Member States will be advised to consider the principle or proportionality in setting up measures to reach the joint target.

(13)  Demographic changes have a significant impact on the amount of food consumed and food waste generated. Therefore, a joint food waste reduction target, applying to retail and other distribution of food, restaurants and food services and households, should be expressed as a percentage change in food waste levels per capita in order to take into account population changes.

(14)  Based on the harmonised methodology set out in Commission Delegated Decision (EU) 2019/1597(11), the first year for which data on food waste levels were collected was 2020. Therefore, the year 2020 should be used as a baseline for setting food waste reduction targets. For Member States, which can demonstrate that they performed food waste measurements before 2020, using methods consistent with Delegated Decision (EU) 2019/1597, the use of an earlier baseline should be allowed.

(14a)   To promote a uniform and consistent interpretation of food waste data and reporting across actors in the food supply chain and Member State authorities, the Commission should provide comprehensive guidelines pertaining to the methodology for food waste measurement. [Am. 12]

(14b)   The harmonised methodology established in Commission Delegated Decision (EU) 2019/1597(12) provides for the use of different reporting methods. To ensure that future data are scientifically sound, high quality and comparable, it is necessary to establish and apply clear and consistent measurement methods among the Member States and minimum quality requirements for the uniform measurement of food waste. [Am. 13]

(15)  In order to ensure that the step-wise approach towards the achievement of the global target delivers its objectives, the levels set for the legally binding targets on reduction of food waste, should be reviewed and revised, if appropriate, to take into account the progress made by Member States over time. This would allow for a possible adjustment of the targets in view of strengthening the Union’s contribution and further aligning with SDG Target 12.3, to be reached by 2030 and providing direction for further progress beyond that date.

(16)  In order to ensure better, timelier, and more uniform implementation of the provisions related to food waste prevention, to anticipate any implementation weaknesses, and to allow taking action ahead of the deadlines for meeting the targets, the system of early warning reports, introduced in 2018, should be extended to cover food waste reduction targets.

(16a)   Member States should take measures to promote solutions such as clearer date labelling on food products and facilitate the use of date markings in accordance with Regulation (EU) No 1169/2011 of the European Parliament and of the Council(13), in order to avoid consumers’ confusion about date marking. [Am. 14]

(17)  In line with the polluter-pays principle, as referred to in Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), it is essential that the producers placing on the Union market certain textile, textile-related and footwear products take responsibility for their management at their end-of life as well as extending their lifetime through making used textile, textile-related and footwear products available on the market for re-use. To implement the polluter pays principle, it is appropriate to lay down the obligations for the management of textile, textile-related and footwear producers, which include any manufacturer, importer or distributor, that, irrespective of the selling technique used, including by means of distance contracts as defined in Article 2, point (7), of Directive 2011/83/EU of the European Parliament and of the Council(14), makes available those products on the market for the first time within a territory of a Member States on a professional basis under its own name or trademark. The scope of the producers covered by the extended producer responsibility should exclude micro enterprises, for which such a responsibility would impose a disproportionate financial and administrative burden, and self-employed tailors producing customised products in view of their reduced role in the textile market as well as those placing on the market used textiles, textile-related and footwear products or such products derived from used or waste of those products in view of supporting re-use, including through repair, refurbishment and upcycling whereby certain functionalities of the original product is changed, within the Union. Micro enterprises should, however, be allowed to participate in producer responsibility organisations. [Am. 15]

(18)  There are wide disparities in the way separate collection of textiles are or are planned to be set up, whether through extended producer responsibility schemes or other approaches. Where extended producer responsibility schemes are considered, there are also broad disparities, such as on the products in their scope and the responsibility of producers as well as governance models. The rules on extended producer responsibility laid down in Directive 2008/98/EC should therefore in general apply to extended producer responsibility schemes for producers of textile, textile-related and footwear products. However, they should be complemented by further specific provisions relevant for the textile sector characteristics, in particular, the high share of small and medium-sized enterprises (SMEs) among the producers, the role of social enterprises and the importance of re-use in increasing the sustainability of the textile value chain. They should also be more detailed and harmonised to avoid creating a fragmented market that could have a negative impact on the sector, particularly on micro enterprises and SMEs, for the collection, treatment and recycling, as well as to provide clear incentives for sustainable textile product design and policies and facilitate the markets of secondary raw materials. In this context, Member States are encouraged to consider authorising multiple producer responsibility organisations as competition among such producer responsibility organisations may lead to greater consumer benefits, increase innovation, lower costs, improve collection rates, and increase choices for producers seeking to contract with such organisations.

(18a)   According to the European Environment Agency, currently less than 1 % of all clothing waste is used to make new clothing in a circular loop. Today, most textiles are not designed for circularity. 78 % of all textile products require disassembly before textile-to-textile recycling. In order to ensure investment into circular textiles, targets should be established for the prevention, collection, sorting, reuse and local reuse, as well as recycling and fibre-to-fibre recycling of textiles to support and drive technological development and the investments into infrastructure as well as the push for eco-design of textiles. Total textile waste generated, covering clothing and footwear, home textiles, technical textiles, and post-industrial and pre-consumer waste, is estimated to be 12, 6 million tonnes. This includes fractions that are discarded during textile production, at the retail stage and by households and commercial entities waste(15). [Am. 16]

(19)  The household textile and apparel clothing comprise the largest share of Union textile consumption and the biggest contributor to unsustainable patterns of over production and overconsumption. Household textiles and apparel are also the focus of all existing separate collection systems in Member States along with other post-consumer apparel and accessories and footwear that are not primarily composed of textiles. Therefore, the scope of the established extended producer responsibility scheme should cover household textile products and other articles of apparel, clothing accessories and footwear. In order to ensure the legal certainty for the producers on the products subject to the extended producer responsibility, the products in scope should be identified by reference to the Combined Nomenclature codes pursuant to Annex I to Council Regulation (EEC) No 2658/87(16). [Am. 17]

(20)  The textile sector is resource intensive. While, in relation to both the production of raw materials and textiles, and as 73 % of clothes and household textiles consumed in Europe are imported(17), most of the pressures and impacts related to the consumption of clothing, footwear and household textiles in the Union occur in third countries, they also affect the Union due to their global impact on climate and the environment. Therefore, preventing, preparing for re-use and recycling textile waste can help reduce the global environmental footprint of the sector, including in the Union. In addition, the current resource-inefficient waste management of textile waste is not in line with the waste hierarchy and leads to environmental harm both in the Union and in third countries, including through greenhouse gas emissions from incineration and landfilling. [Am. 18]

(21)  The purpose of the extended producer responsibility for textiles, textile-related and footwear products is to ensure a high level of environmental and health protection in the Union, create an economy for collection, sorting, re-use, preparation for re-use and recycling, in particular, fibre-to-fibre recycling, as well as incentives for producers to ensure that their products are designed in respect of circularity principles. The producers of textiles and footwear should finance the costs of collecting, sorting for re-use, preparing for re-use and recycling, and of the recycling and other treatment of collected used and waste textiles and footwear, including unsold consumer products considered waste that were supplied on the territory of the Member States after the entry into force of this amending Directive to ensure that the extended producer responsibility obligations do not apply retroactively and comply with the principle of legal certainty. Those producers should also finance the costs of carrying out compositional surveys of mixed collected municipal waste, support to research and development in sorting and recycling technologies, especially digital solutions, reporting on separate collection, re-use and other treatment and of providing information to end-users about the impact and sustainable management of textiles. Producers should also finance the development of reuse and repair operations. [Am. 19]

(22)  Producers should be responsible for setting up collection systems for the collection of all used and waste textiles, textile-related and footwear products and ensuring that they are subsequently subject to sorting for re-use, preparation for re-use and recycling to maximise the availability of second-hand clothing and footwear and reduce the volumes for types of waste treatment that are lower in the waste hierarchy. Ensuring that textile products can be and are used and re-used for longer is the most effective way of significantly reducing their impact on the climate and the environment. This should also enable sustainable and circular business models such as re-use, renting and repair, take-back services and second-hand retail creating new green quality jobs and cost-saving opportunities to citizens. Making producers responsible for the waste that their products create is essential to decouple textile waste generation from the growth of the sector. Therefore, the producers should also be responsible for the recycling, in particular, prioritising the scaling up of fibre-to-fibre recycling, and other recovery operations and disposal.

(23)  Producers and producer responsibility organisations should finance the scaling up of textile recycling, in particular, fibre-to-fibre recycling enabling the recycling of a broader variety materials and creating a source of raw materials for textile production in the Union. It is also important that the producers support financially research and innovation into technological developments in automatic sorting and composition sorting solutions that allow the separation and recycling of mixed materials and the decontamination of the waste to enable high-quality fibre-to-fibre recycling solutions and the uptake of recycled fibre content. To facilitate compliance with this Directive, Member States should ensure that information and assistance are available to economic operators from the textile sector, especially small and medium enterprises, which should take the form of guidance, financial support, access to finance, specialised management and staff training material, or organisational and technical assistance. If support is financed through state resources, including when wholly financed by contributions imposed by the public authority and levied on the undertakings concerned, it may constitute State aid within the meaning of Article 107(1) TFEU; in such cases, Member States have to ensure compliance with State aid rules. The mobilisation of private and public investment in the circularity and decarbonisation of the textile sector are also the focus of several Union funding programmes and roadmaps such as Hubs for Circularity and specific calls under Horizon Europe. It is also necessary to further assess the feasibility of setting Union targets for the recycling of textiles to support and drive technological development and the investments into recycling infrastructure as well as the push for ecodesign for recycling.

(24)  Used and waste textiles, textile-related and footwear products should be collected separately from other waste streams, such as metals, paper and cardboard, glass, plastics, wood and bio-waste from 1 January 2025 to maintain their reusability and potential for high-quality recycling. Considering the environmental impact and the loss of materials due to used and waste textiles not being separately collected, and consequently not treated in an environmentally sound manner, the collection network of used and waste textiles, textile-related and footwear products should cover the whole territory of Member States including the outermost regions, be close to the end-user and not target only areas and products where the collection is profitable. The collection network should be organised in cooperation with other actors active in the waste management and re-use sectors, such as municipalities and social enterprises. In view of the significant environmental and climate benefits associated with re-use, the primary and secondary purpose of the collection network should be the collection of re-usable and recyclable textile, textile-related and footwear products accordingly. Since the consumer is not trained to distinguish between re-usable and recyclable items, the collection systems should, including for logistical efficiency purposes, provide for the collection receptacles that collect both used and waste items together. High collection rates would drive high re-use performance and quality recycling in the textile supply chains, boost the uptake of quality secondary raw materials and support the investment planning in the textile sorting and processing infrastructure. In order to verify and improve the effectiveness of the collection network and the information campaigns, regular compositional surveys at least at NUTS 2 level should be carried out on mixed municipal waste collected to determine the amount of waste textiles and footwear therein. In addition, information on the performance of the separate collection systems and the attained annual separate collection rate should be calculated and made publicly available annually by the producer responsibility organisations.

(25)  In view ofTaking into account the key role of social enterprises and social economy entities in the existing textile collection systems and their potential to create local, sustainable, participatory and inclusive businesses models and quality jobs in the Union, in line with the objectives of the EU Social Economy Action Plan(18), the introduction of extended producer responsibility schemes should maintain and support the activities of social enterprises and social economy entities involved in used and waste textiles management. These entities therefore should be regarded as partners in the separate collection systems supporting the scale-up of preparing for re-use and re-use and repair, and creating quality jobs for all and in particular for vulnerable groups. [Am. 20]

(26)  Producers and producer responsibility organisations should be actively involved in providing information to end users, in particular consumers, that used and waste textiles and footwear should be collected separately, that collection systems are available and that end-users have an important role in ensuring waste prevention and an environmentally optimal management of textiles waste. This information should include availability of re-use arrangements for textiles and footwear and the environmental benefits of sustainable consumption and the environmental, health and social impacts of the textile apparel industry. The end users should also be informed about their important role in making informed, responsible and sustainable textile consumption choices and ensuring an environmentally optimal management of textile and footwear waste. These information requirements apply in addition to the requirements on the provision of information to end-users in relation to the textile products laid down in the Ecodesign for Sustainable Product Regulation(19) and the Regulation (EU) No 1007/2011 of the European Parliament and of the Council(20). The disclosure of information to all end users should make use of modern information technologies. The information should be provided both by classical means, such as posters both indoors and outdoors and social media campaigns, and by more innovative means, such as electronic access to websites provided by QR codes and the digital product passport. [Am. 21]

(27)  In order to increase textiles’ circularity and environmental sustainability and to reduce the adverse impacts on climate and the environment, Regulation …/... [PO insert the serial number and institutions for the Ecodesign for Sustainable Product Regulation, and complete the footnote](21) will develop binding textile product ecodesign requirements, which will, depending on what the impact assessment will show to be beneficial for increasing textile environmental sustainability, regulate durability, reusability, reparability,and fibre-to-fibre recyclability of textiles, and mandatory recycled fibre content in textiles. It will also regulate the presence of substances of concern to allow their minimisation and tracking in view of reducing waste generation and improving recycling, as well as the prevention and reduction of synthetic fibres shed into the environment to significantly reduce microplastic release. At the same time, modulation of extended producer responsibility fees is an effective economic instrument to incentivise more sustainable textile design leading to improved circular design. In order to provide a strong incentive for ecodesign while taking into account the objectives of the internal market and the composition of the textile sector which is primarily composed of SMEs, it is necessary to harmonise criteria for the modulation of extended producer responsibility fees based on the most relevant ecodesign parameters to enable the treatment of textiles in line with the waste hierarchy, as well as on the proportion of microplastic release. The fee modulation according to the ecodesign criteria should be based on the Ecodesign requirements and their measurement methodologies that are adopted pursuant to the Ecodesign for Sustainable Product Regulation for textile products or to other Union law establishing harmonized sustainability criteria and measurement methods for textile products and only where the latter are adopted. It is appropriate to empower the Commission to adopt harmonised rules for the fee modulation to ensure the alignment of the fee modulation criteria with those product requirements. [Am. 22]

(27a)   Introducing a Digital Product Passport, as a tool to significantly enhance the traceability of textile products throughout their value chain, can empower consumers to make informed choices by providing better access to product information regarding end-of-life management. This would also enable economic operators to accurately track the amount of textile waste generated, assist Member States in implementing and monitoring separate collection obligations for textiles for re-use, preparation for re-use, and recycling in accordance with this Regulation. [Am. 23]

(28)  In order to monitor that producers meet their obligations relating to their financial, and organisational obligations to ensuring the management of used and waste textile, textile-related and footwear products they make available on the market for the first time within the territory of a Member State, it is necessary that a register of producers is established and managed by each Member State and that producers should be obliged to register. The registration requirements and format should be harmonised across the Union to the greatest extent possible so as to facilitate registration in particular where producers make textile, textile-related and footwear products available on the market for the first time in different Member States. The information in the register should be publicly accessible to those entities that play a role in the verification of the compliance with the extended producer responsibility obligations and their enforcement. [Am. 24]

(29)  Since the textile sector is 99 % comprised of small and medium sized enterprises, the implementation of an extended producer responsibility scheme for textiles, textile-related and footwear products should aim to reduce as much as possible administrative burdens. Therefore, the fulfilment of the extended producer responsibilities should be exercised collectively by means of producer responsibility organisations taking up the responsibility on their behalf. Producer responsibility organisations should be subject to authorisation by Member States and should document, inter alia, that they have the financial means to cover the costs entailed by the extended producer responsibility and that they fulfil that responsibility.

(30)  Article 30(1) of Regulation (EU) 2022/2065 of the European Parliament and of the Council(22) obliges certain providers of online platforms allowing consumers to conclude distance contracts with producers offering textile, textile-related and footwear products to consumers located in the Union, prior to allowing a producer to use its services, to obtain certain identification information from that producer and a self-certification by the producer committing to only offer products or services that comply with the applicable rules of Union law. In order to ensure the effective enforcement of the extended producer responsibility obligations, it should be specified that providers of online platforms falling within the scope of Chapter 3, Section 4, of Regulation (EU) 2022/2065 should obtain from those producers information on the registration in the textile producer register that Member State are obliged to set up pursuant to this Directive, as well as the registration number(s) of the producer in that register, and a self-certification by the producer committing itself to only offer textile, textile-related and footwear products to which the extended producer responsibility requirements laid down by this Directive apply. The rules on enforcement laid down in Chapter IV of Regulation (EU) 2022/2065 apply to providers of such platforms in relation to these traceability rules.

(31)  In order to ensure the treatment of textiles in line with the waste hierarchy set out in Directive 2008/98/EC, producer responsibility organisations should ensure that all separately collected textiles and footwear are subject to sorting operations that generate both items that are fit for re-use meeting the needs of the receiving second-hand textile and the recycling feedstock markets in the Union and globally. In view of the greater environmental benefits associated with extending the lifetime of textiles, re-use should be the main objective of the sorting operations followed by sorting for recycling where the items are professionally assessed as not re-useable. These sorting requirements should be developed by the Commission as a priority as part of the harmonised Union end-of-waste criteria for re-useable textiles and recycled textiles, including on initial sorting that may take place at the collection point. Such harmonised criteria should bring about consistency and high quality in the collected fractions as well as in material flows for sorting, waste recovery operations and secondary raw materials across borders which in turn should facilitate the scaling up re-use and recycling value chains. Used clothes professionally assessed as fit for re-use by the re-use operators or social enterprises and social economy entities at the collection point from end-users should not be considered waste. In case re-use or recycling is not technically possible, the waste hierarchy should still be applied, avoiding landfilling where possible, in particular of biodegradable textiles that are a source of methane emissions, and applying energy recovery when incineration is applied.

(32)  Exports of used and waste textiles outside the EU have been steadily increasing with exports representing the greatest share of the re-use market for post-consumer textiles generated in the EU. In view of the significant increase of the collected textile waste after the introduction of separate collection by 2025 it is important to strengthen the efforts to combat illegal shipments of waste to third countries disguised as non-waste for the purpose of ensuring high environmental protection. Building on Regulation …/… [P.O. insert the institutions and serial number, and complete the footnote for the Regulation on the Shipment of waste](23) and in view of the objective to ensure the sustainable management of post-consumer textiles and tackle illegal shipments of waste, it should be provided that all separately collected used textiles, textile-related and footwear products undergo a sorting operation prior to their shipment. Furthermore, it should be provided that all separately collected used textile, textile-related and footwear items are regarded as waste and subject to Union waste legislation, including on the shipments of waste, until they have undergone a sorting operation by a trained sorting for re-use and recycling operator and meet the end-of-waste status conditions. The sorting should be carried out in accordance with the harmonised sorting requirements that deliver high quality re-usable fraction that meet the needs of the receiving second hand textile markets in the EU and globally and by establishing criteria to distinguish between used goods and waste. Shipments of used textiles, textile-related and footwear products should be accompanied by information demonstrating that those items are the output of a sorting or a preparing for re-use operation and that the items are suitable for re-use and comply with the national rules of the destination country. At the same time, it should be acknowledged that not all reusable second-hand clothes that are exported are reused in recipient countries and might be discarded without use, overwhelming the recipient countries’ waste management systems. Additional measures to reduce exports of second-hand textiles by maximising local re-use should be prioritised. [Am. 25]

(33)  In order for Member States to achieve the targets set out in this Directive, Member States should revise their food waste prevention programmes to include new measures, involving multiple partners from the public and private sectors including producers, distributors, suppliers, retails and food service providers, as well as social economy actors and environmental and consumer organisations, with coordinated actions tailored to address specific hotspots as well as attitudes and behaviours that lead to food waste. In the preparation of these programmes, Member States could draw inspiration from the recommendations produced by the Citizens’ Panel on Food Waste. [Am. 26]

(34)  Clear accountability and governance of food waste prevention measures are essential to ensure effective coordination of action to drive change and reach the targets set out in this Directive. Due to the shared agenda amongst many authorities and the variety of stakeholders engaged in the fight against food waste in Member States, there is a need for a designated competent authority in charge of overall coordination of actions at national level.

(35)  The granularity of the information on post-consumer municipal textiles management at Union level should be improved to more effectively monitor the re-use of products, including of re-use and preparation for re-use of textiles, including in view of the potential setting of the performance targets in the future. Re-use and preparation for re-use data represent key data flows for the monitoring of the decoupling of waste generation from economic growth and the transition towards a sustainable, inclusive and circular economy. Therefore, these data flows should be managed by the European Environmental Agency.

(35a)   It is crucial that the Commission and Member States continue to develop, support and expand existing information and education campaigns regarding waste prevention and management and introduce new ones. Whilst general awareness across all sectors regarding the importance of waste prevention and proper waste management is improving, additional progress is still necessary. [Am. 27]

(36)  The empowerment to adopt delegated acts set out in Article 9(8) of Directive 2008/98/EC as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste should be moved, with minor adaptations, to a new Article that deals specifically with prevention of food waste generation.

(36a)   In order to facilitate the consistent interpretation of food waste data and reporting requirements by national authorities, while avoiding unnecessary administrative burden for operators in the food supply chain, the Commission should adopt guidance for the interpretation of delegated acts, following the example of the Guidance for the compilation and reporting of data on municipal waste(24) or the Guidance for the compilation and reporting of data on packaging and packaging waste(25). [Am. 28]

(37)  In order to bring the Combined Nomenclature codes listed in Directive 2008/98/EC in line with the codes listed in Annex 1 to Council Regulation (EEC) No 2658/87, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of amendments to Annex IVc to Directive 2008/98/EC. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(38)  In order to ensure uniform conditions for the implementation of Directive 2008/98/EC, implementing powers should be conferred on the Commission concerning a harmonised format for registration in the register based on the information requirements set out in Article 22b(4), fee modulation criteria for the application of Article 22c(3), point (a), and a methodology for the calculation and verification of the separate collection rate referred to in Article 22c(6), point (c). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council(26).

(39)  Directive 2008/98/EC should therefore be amended accordingly.

(39a)   It is important that Member States’ implementation of Council Directive 1999/31/EC(27) is substantially and rapidly improved, as environmental harm in the Union, including cross-border issues, is caused by the prevalence and emergence of illegal dumping sites and landfills across different Member States, like landfills which do not meet the standards and requirements laid out in that Directive. As such, it is appropriate for the Commission to evaluate, review and, where appropriate, present a legislative proposal to amend Council Directive 1999/31/EC. It is important that the evaluation assess ways to strengthen implementation provisions. [Am. 29]

(40)  Since the objectives of this Directive, namely to improve the environmental sustainability of food and textile waste management and to ensure the free movement of used and waste textiles in the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of its scale and effects, only be achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective on subsidiarity,.

(40a)   It is important to emphasise the need for the Commission to continue its efforts with bringing waste management in line with the principles of circular economy and to consider a targeted revision aimed at healthcare waste, especially pharmaceutical waste from private households. Furthermore, it is important to reduce, reuse and recycle health care waste materials to minimise their environmental impact and resource depletion while safeguarding public health. This would help underscore the Union's dedication to responsible waste management and make healthcare facilities and industry a crucial partner in the Commission's broader efforts to reduce waste and promote sustainability, [Am. 30]

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments

Directive 2008/98/EC is amended as follows:

(1)  in Article 2(1), point (a) is replaced by the following:"

'(a) gaseous effluents emitted into the atmosphere and carbon dioxide captured and transported for the purposes of geological storage and geologically stored in accordance with Directive 2009/31/EC of the European Parliament and of the Council*;

________________

* Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).’;

(2)  in Article 3, the following paragraphs are inserted:"

4c.  ‘making available on the market’ means any supply of a product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

4d.  ‘producer responsibility organisation’ means a legal entity that financially or financially and operationally organises the fulfilment of extended producer responsibility obligations on behalf of producers;

4e.  ‘online platform’ means online platform as defined in Article 3, point (i), of Regulation (EU) 2022/2065 of the European Parliament and of the Council**;

4f.  ‘consumer’ means natural persons who are acting for purposes which are outside their trade, business, craft or profession;

8a.   ‘social enterprise’ means a private law entity that provides goods and services for the market in an entrepreneurial way and in accordance with the principles and features of the social economy, having social or environmental objectives as the reason for its commercial activity; social enterprises can be set up in a variety of legal forms; [Am. 31]

________________

* Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304 22.11.2011, p. 64).

** Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (OJ L 277, 27.10.2022, p. 1).’;

(3)  in Article 9, paragraph 1, points (g) and (h), and paragraphs 5, 6 and 8 are deleted.

(4)  the following Article 9a is inserted:"

‘Article 9a

Prevention of food waste generation

1.  Member States shall take appropriate measures to prevent generation of food waste along the entire food supply chain, in primary production, in processing and manufacturing, in retail and other distribution of food, in restaurants and food services as well as in households. Those measures shall include, but not be limited to, the following: [Am. 32]

Member States shall ensure that all relevant actors in the supply chain are involved proportionately to their capacity and role in generating food waste and in preventing the generation of food waste along the food supply chain, with a specific focus on preventing disproportionate impact on small and medium sized enterprises. Member States shall take appropriate measures to ensure that economic operators make available for donation unsold food that is safe for human consumption. [Am. 38]

2.  Member States shall monitor and assess the implementation of their food waste prevention measures, including compliance with the food waste reduction targets referred to in paragraph 4, by measuring the levels of food waste on the basis of the methodology established in accordance with paragraph 3. [Am. 39]

3.  The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend Commission Delegated Decision (EU) 2019/1597 and supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels. [Am. 40]

3a.   The methodology, measurement methods and data used to measure the levels of food waste referred to in paragraph 3 shall be made publicly available. [Am. 41]

4.  Member States shall take the necessary and appropriate measures to achieve, by 31 December 2030, the following food waste reduction targets at national level:

5.  Where a Member State can provide data for a reference year prior to 2020, which have been collected using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in the Commission Delegated Decision (EU) 2019/1597, an earlier reference year may be used. That earlier reference year shall apply to both of the targets referred to in paragraph 4, points (a) and (b). The Member State shall notify the Commission and the other Member States of its intention to use an earlier reference year within 18 months of the entry into force of this Directive and shall provide the Commission with the data and measurement methods used to collect them and make them publicly available. [Am. 44]

6.  When the Commission considers that the data do not comply with the conditions set out in paragraph 5, it shall, within 6 months of the receipt of a notification made in accordance with paragraph 5, adopt a decision requesting the Member State to either use 2020 or a year other than that proposed by the Member State as reference year.

7.  By 31 December 2027, the Commission shall review the targets to be reached by 2030, laid down in paragraph 4, with a view, if appropriate, to modify and/or extend them to other stages of the food supply chain, and to consider setting new targets beyond 2030. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal.;

7a.   Member States are encouraged to coordinate their actions to prevent food waste and share best practices. [Am. 45]

7b.   By 31 December 2025, the Commission shall conduct an assessment on the appropriate levels for the setting of targets for the reduction of all primary production food waste, including mature food left unharvested or used on farms. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal. [Am. 46]

7c.   By 31 December 2027, the Commission shall carry out an evaluation of the possibility to introduce a binding target of at least 30 % with respect to Article 9a(4), point (a), and at least 50 % with respect to Article 9a(4), point (b), to be reached by 2035 and submit a report to the European Parliament and the Council which may be accompanied by appropriate legislative proposal to implement such target. [Am. 47]

________________

* Commission Delegated Regulation (EU) 2023/2429 of 17 August 2023 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards marketing standards for the fruit and vegetables sector, certain processed fruit and vegetable products and the bananas sector, and repealing Commission Regulation (EC) No 1666/1999 and Commission Implementing Regulations (EU) No 543/2011 and (EU) No 1333/2011 (OJ L, 2023/2429, 03.11.2023, ELI: http://data.europa.eu/eli/reg_del/2023/2429/oj).

** Directive (EU) 2019/633 of the European Parliament and of the Council of 17 April 2019 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain (OJ L 111, 25.4.2019, p. 59).

*** Commission Regulation (EC) No 450/2009 of 29 May 2009 on active and intelligent materials and articles intended to come into contact with food (OJ L 135, 30.5.2009, p. 3).’;

(4a)   In Article 10, the following paragraph is inserted:"

‘2a. Member States are encouraged, where appropriate, to introduce prior sorting of municipal mixed waste to prevent waste, which can be recovered for preparing for re-use, or recycling, from being sent to waste incineration or disposed in landfills.’; [Am. 48]

(4b)   In Article 10, paragraph 4 is replaced by the following:"

‘4. Member States shall take measures to ensure that waste that has been separately collected for preparing for re-use and recycling pursuant to Article 11(1) and Article 22 is not incinerated or landfilled, with the exception of waste resulting from subsequent treatment operations of the separately collected waste for which incineration delivers the best environmental outcome in accordance with Article 4.’; [Am. 49]

(5)  in Article 11, paragraph 1, the third sentencesubparagraph is replaced by the following:"

'Subject to Article 10(2) and (3), Member States shall set up separate collection at least for paper, metal, plastic and glass, and, by 1 January 2025, for textiles, and shall be encouraged to set up separate collection for wood.'; [Am. 50]

(5a)   In Article 11, the following subparagraph is inserted after the third subparagraph:"

‘Member States shall undertake necessary measures to ensure sufficient infrastructure is in place for separate collection of waste and is made easily accessible, for all kinds of waste, and where appropriate, shall increase the number of points of separated waste collection. Where municipal waste collection systems are necessary for improvement, Member States shall do so without undue delay.’; [Am. 51]

(6)  in Article 11b, paragraph 1 is replaced by the following:"

‘1. The Commission shall, in cooperation with the European Environment Agency, draw up reports on the progress towards the attainment of the targets laid down in Article 9a(4), Article 11(2), points (c), (d), and (e), and Article 11 (3) at the latest three years before each deadline laid down therein.’;

(7)  the following Articles 22a to 22d are inserted:"

‘Article 22a

Extended producer responsibility scheme for textiles

1.  Member States shall ensure that producers have extended producer responsibility for household textile products, articles of apparel, clothing accessories and footwear, apparel and clothing accessories listed in Annex IVc (“textile, textile-related and footwear products”) that they make available on the market for the first time within the territory of a Member State, in accordance with Articles 8 and 8a. [Am. 52]

1a.   By 31 December 2024, the Commission shall adopt a delegated act in accordance with Article 38a to supplement this Directive as regards laying down further rules on the establishment of extended producer responsibility for personal protection equipment as referred to in Regulation (EU) 2016/425 of the European Parliament and of the Council*. [Am. 53]

1b.   By 31 December 2027, Member States shall ensure that producers of carpets and mattresses as referred to in Part 2a (new) of Annex IVc, whose main composition is textile, that make available those carpets and mattresses on the market for the first time within the territory of a Member State, shall have extended producer responsibility in accordance with Articles 8 and 8a. Member States may decide to establish a separate extended producer responsibility scheme specifically for those items. [Am. 54]

2.  The Commission is empowered to adopt delegated acts in accordance with Article 38a to expand the scope of Annex IVc and to amend Annex IVc to this Directive in order to bring the Combined Nomenclature codes listed in Annex IVc to this Directive in line with the codes listed in Annex 1 to Council Regulation (EEC) No 2658/87**. [Am. 55]

3.  Member States shall define in a clear, inclusive and balanced way, in accordance with Article 8a (1), point (a), way the roles and responsibilities of relevant actors involved in the implementation, monitoring and verification of the extended producer responsibility scheme referred to in paragraph 1. Member States shall ensure that all relevant actors are fully involved in the decision-making process of the extended producer responsibility scheme. Those relevant actors shall include:

4.  Member States shall ensure that the producers of textile, textile-related and footwear products listed in Annex IVc cover the costs of the following:

5.  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]

6.  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]

6a.   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]

7.  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;

8.  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]

Article 22b

Textile, textile-related and footwear producer register

1.  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).

Member 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]

2.  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.

2a.   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]

3.  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.

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

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

Where 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.

6.  Member States shall ensure that the competent authority:

7.  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).

8.  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.

9.  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]

9a.   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]

10.  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).

Article 22ba

Reporting guidelines for companies

Article 22c

Producer responsibility organisations for textiles

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.

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:

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:

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]

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:

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

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

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.

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]

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]

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]

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]

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]

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:

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]

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]

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]

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):

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]

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.

Article 22d

Management of textile waste

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]

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]

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.

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]

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).

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:

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]

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

6.  By 31 December 2025 and every 53 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. [Am. 102]

7.  Member States shall ensure that, in order to distinguish between used and waste textiles,textile shipments of used textiles, textile-related and footwear products suspected of being waste mayshall 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, textile related and footwear products listed in Annex IVc and monitored accordingly. [Am. 103]

8.  Member States shall ensure that shipments arranged on a professional basis of used textiles, textile-related and footwear products comply with the minimum record keeping requirements set out in paragraph 9 and are accompanied by at least the following information:

9.  Member States shall ensure that shipments of used textiles, textile-related and footwear products comply with the following minimum record keeping requirements:

10.  Member States shall ensure that, where the competent authorities in a Member State establish that an intended shipment of used textiles, textile-related and footwear consists of waste, the costs of appropriate analyses, inspections and storage of used textiles, textile-related and footwear suspected of being waste may be charged to the producers of textile, textile-related and footwear products listed in Annex IVc, to third parties acting on their behalf or to other persons arranging the shipment.

10a.   In accordance with Regulation (EC) No 1013/2006 of the European Parliament and of the Council****, as amended by Regulation (EU) ... / ... of the European Parliament and of the Council [P.O. :insert reference for Waste Shipments Regulation revision when adopted]*****, textile waste shall not be mixed with used textile products. [Am. 108]

10b.   Member States shall ensure that the shipment of used textiles products to third countries is in accordance with national legislation of those third countries relating to environmental protection, public order, public safety or health protection. [Am. 109]

10c.   By 31 December 2025, the Commission shall develop a study to assess the application of end-of-waste criteria laid down in Article 6 of this Directive to plastic polymers commonly found in solid marine litter, including polyamide.

Where appropriate, the Commission shall adopt implementing acts to establish detailed measures on the uniform application of Union-wide end-of-waste criteria for marine litter, whilst taking into account best practices already established by Member States. [Am. 110]

Article 22da

Textile waste reduction targets

1.   By 30 June 2025, the Commission shall conduct an assessment on appropriate levels for the setting of targets for 2032 on textile waste reduction, which shall include levels of collection rates, preparation for re-use, re-use, recycling of textiles and phasing out landfilling of textiles. The assessment shall also include an analysis of the level of exports of used textiles to third countries and of extending the responsibility of producers to those exports. To that end, the Commission shall submit a report to the European Parliament and to the Council, accompanied, where appropriate, by a legislative proposal.’ [Am. 111]

________________

* Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC (OJ L 81, 31.3.2016, p. 51).

** Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

*** Regulation …/… (OJ …..p. ) [P.O. insert the publication details for the Ecodesign for Sustainable Products Regulation].

**** Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

***** Regulation of the European Parliament and of the Council on shipments of waste and amending Regulations (EU) No 1257/2013 and (EU) 2020/1056, COM(2021) 709 final.’;

(8)  in Article 29, paragraph 2a is deleted.

(9)  the following Article 29a is inserted:"

‘Article 29a

Food waste prevention programmes

1.  By [P.O. insert date of two years after entry into force of this amending Directive], Member States shall review and adapt their food waste prevention programmes, with a view of attaining the targets provided for in Article 9a(4). Those programmes shall at least contain the measures laid down in Article 9(1) and 9a(1)) and, where relevant, the measures listed in Annexes IV and IVa.

2.  Each Member State shall designate the competent authorities responsible for the coordination of the food waste reduction measures implemented in order to reach the target set out in Article 9a(4) and inform accordingly the Commission by [P.O. insert the date of within three months after the entry into force of this amending Directive]. The Commission shall subsequently publish that information on the relevant EU website.’;

(10)  Article 37 is amended as follows:

(a)  in paragraph 3, the first sub-paragraph is replaced by the following:"

‘Member States shall report the data concerning the implementation of Article 9(4) and the data referred to in point (a) of Article 22c(17) to the European Environment Agency every year. Member States shall not be required to report quantitative data on the re-use of textiles pursuant to Article 9(4). Member States shall report the data concerning the implementation of Article 9a(2) to the Commission every year.’;

(b)  paragraph 7 is replaced by the following:"

‘7. The Commission shall adopt implementing acts laying down the format for reporting the data referred to in paragraphs 1, 3, 4 and 5 of this Article. For the purposes of reporting on the implementation of points (a) and (b) of Article 11(2), Member States shall use the format established in Commission Implementing Decision of 18 April 2012 establishing a questionnaire for Member States reports on the implementation of Directive 2008/98/EC of the European Parliament and of the Council on waste. For the purpose of reporting on food waste, the methodology developed under Article 9a(3) shall be taken into account when developing the format for reporting. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive.’;

(11)  Article 38 is amended as follows:

(a)  paragraphs 2 and 3 are replaced by the following:"

‘2. The power to adopt delegated acts referred to in Articles 7(1), 9a(3), 11a(10), 27(1), 27(4), 38(2) and 38(3) shall be conferred on the Commission for a period of five years from 4 July 2018. The power to adopt delegated acts referred to in Article 22a(2) shall be conferred on the Commission for a period of five years from [PO insert date eighteen months after the entry into force of this amending Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.  The delegation of power referred to in Articles 7(1), 9a(3), 11a(10), 22a(2), 27(1), 27(4), 38(2) and 38(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.’;

(b)  paragraph 6 is replaced by the following:"

‘6. A delegated act adopted pursuant to Articles 7(1), 9a(3), 11a(10), 22a(2), 27(1), 27(4), 38(2) and 38(3) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.’;

(11a)   the following Article is inserted:"

‘Article 42a

Evaluation and review of the Waste Framework Directive

No later than 31 December 2026, the Commission shall carry out an evaluation of this Directive. The Commission shall present a report on its findings to the European Parliament and to the Council. Where appropriate, the report shall be accompanied by a legislative proposal.’; [Am. 112]

(11b)   the following Article is inserted:"

‘Article 42b

Evaluation and review of the Directive 1999/31/EC

No later than 31 December 2026, the Commission shall carry out an evaluation of Council Directive 1999/31/EC. The Commission shall present a report on the findings to the European Parliament and to the Council. Where appropriate, the report shall be accompanied by a legislative proposal.’; [Am. 113]

(12)  Annex IVc is inserted as set out in the Annex to this Directive.

Article 2

Transposition

1.  Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [P.O. insert date eighteentwelve months after the entry into force of this amending Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions. [Am. 114]

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2.  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 4

Addressees

This Directive is addressed to the Member States.

Done at …,

For the European Parliament For the Council

The President The President

Annex IVc

Products that fall within the scope of the extended producer responsibility for certain textile, textile-related and footwear products

Part 1

Household Textile products, and textile articles of apparel and clothing accessories that fall within the scope of Article 22a

Part 2

Footwear, and articles of apparel and clothing accessories whose main composition is not textile within the scope of Article 22a

[Am. 115]

Textile products within the scope of Article 22a

[Am. 116]

(1) OJ C , , p. . (2) OJ C , , p. . (3) COM(2020)98 final of 11 March 2020. (4) EU Transition Pathways (europa.eu) (5) COM(2022)141 final of 30 March 2022. (6) https://www.eea.europa.eu/publications/microplastics-from-textiles-towards-a (7) For the complete list of recommendations, see Annex 16 of the Impact Assessment Report. (8) OJ L 140, 5.6.2009, p. 114. (9) OJ L 114, 27.4.2006, p. 9. (10) OJ L 312, 22.11.2008, p. 3. (11) Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 supplementing Directive 2008/98/EC of the European Parliament and of the Council as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste (OJ L 248, 27.9.2019, p. 77). (12) Commission Delegated Decision (EU) 2019/1597 of 3 May 2019 supplementing Directive 2008/98/EC of the European Parliament and of the Council as regards a common methodology and minimum quality requirements for the uniform measurement of levels of food waste (OJ L 248, 27.9.2019, p. 77). (13) Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ L 304, 22.11.2011, p. 18). (14) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64). (15) https://environment.ec.europa.eu/system/files/2023-07/IMPACT%20ASSESSMENT%20REPORT_SWD_2023_421_part1_0.pdf (pag.6) (16) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1). (17) https://ec.europa.eu/commission/presscorner/detail/en/QANDA_22_2015 (18) COM (2021) 778 final of 9 December 2021. (19) OJ to insert the reference number once adopted. (20) Regulation (EU) No 1007/2011 of the European Parliament and of the Council of 27 September 2011 on textile fibre names and related labelling and marking of the fibre composition of textile products and repealing Council Directive 73/44/EEC and Directives 96/73/EC and 2008/121/EC of the European Parliament and of the Council (OJ L 272, 18.10.2011, p. 1). (21) OJ to insert the reference number once adopted. (22) OJ L 277, 27.10.2022, p. 1. (23) OJ to insert the reference number once adopted. (24) European Commission, Eurostat, Guidance for the compilation and reporting of data on municipal waste according to Commission Implementing Decisions (EU) 2019/1004 and (EU) 2019/1885, and the Joint Questionnaire of Eurostat and OECD (version 2023) (version 2023) https://ec.europa.eu/eurostat/documents/342366/351811/Guidance+on+municipal+waste+data+collection/ (25) European Commission, Eurostat, Guidance for the compilation and reporting of data on packaging and packaging waste according to Decision 2005/270/EC (version 2023) https://ec.europa.eu/eurostat/documents/342366/351811/PPW+-+Guidance+for+the+compilation+and+reporting+of+data+on+packaging+and+packaging+waste.pdf/297d0cda-e5ff-41e5-855b-5d0abe425673?t=1621978014507 (26) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.02.2011, p. 13). (27) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).