lexiara

Article 22a — Extended producer responsibility scheme for textiles

1. Member States shall ensure that producers have extended producer responsibility for textile, textile-related or footwear products listed in Annex IVc that they make available on the market for the first time, in accordance with Articles 8 and 8a. 2. Member States may set up an extended producer responsibility scheme for the producers of mattresses in accordance with Articles 8 and 8a. 3. Member States shall ensure that a producer as defined in Article 3(4b), point (d), established in another Member State and making textile, textile-related or footwear products listed in Annex IVc available for the first time on their territory appoints, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory. Member States may provide that a producer as defined in Article 3(4b), point (d), established in a third country and making textile, textile-related or footwear products listed in Annex IVc available for the first time on their territory is to appoint, by written mandate, a legal or natural person established on their territory as its authorised representative for the purpose of fulfilling the obligations of a producer related to the extended producer responsibility scheme on their territory. 4. Member States shall ensure that, if a producer as defined in Article 3(4b), point (d), so wishes, the obligations under paragraph 3 of this Article, if any, can be met, on the producer’s behalf, by a producer responsibility organisation appointed by written mandate. Where such a producer has appointed a producer responsibility organisation, the obligations under this Article shall be met by that organisation mutatis mutandis unless otherwise specified by the Member State. 5. The Commission is empowered to adopt delegated acts in accordance with Article 38a to amend Annex IVc to this Directive in order to bring the Combined Nomenclature (CN) codes listed therein in line with the CN codes listed in Annex I to Council Regulation (EEC) No 2658/87 ( 16 ). 6. Member States shall clearly define 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 of this Article, in accordance with Article 8a(1), point (a). 7. Member States shall ensure, in accordance with Article 8a(6), that relevant actors are involved in the implementation of the extended producer responsibility scheme. Those relevant actors shall include at least: (a) producers making products available on the market; (b) organisations implementing extended producer responsibility obligations on behalf of producers making products available on the market; (c) private or public waste operators; (d) local authorities; (e) re-use and preparing for re-use operators; (f) social economy entities, including local social enterprises. 8. Member States shall ensure that the producers of textile, textile-related or footwear products listed in Annex IVc cover the costs of the following: (a) collection of used and waste textile, textile-related and footwear products listed in Annex IVc and subsequent waste management that entails the following: (i) the collection of those used products for re-use and the separate collection of waste products for preparing for re-use, and for recycling, in accordance with Articles 22c and 22d, (ii) transport of collected used and waste products referred to in point (i) for subsequent sorting for re-use, for preparing for re-use, and for recycling operations, in accordance with Article 22d, (iii) sorting, preparing for re-use, recycling and other recovery operations and disposal of collected used and waste products referred to in point (i), (iv) collection, transport and treatment of waste resulting from operations referred to in points (i), (ii) and (iii) by social economy entities and other actors that are part of the collection system referred to in Article 22c(8) and (11); (b) carrying out a compositional survey of collected mixed municipal waste in accordance with Article 22d(6); (c) providing information, including via appropriate information campaigns, on sustainable consumption, waste prevention, re-use, preparing for re-use, including repair, recycling, other recovery and disposal of textile, textile-related and footwear products, in accordance with Article 22c(14), (15) and (18); (d) data gathering and reporting to the competent authorities in accordance with Article 37; (e) support for research and development to improve product design for product aspects listed in Article 5 of Regulation (EU) 2024/1781, and waste prevention and management operations in line with the waste hierarchy, with a view to scaling up fibre-to-fibre recycling, without prejudice to Union State aid rules. 9. Member States may decide that the producers of textile, textile-related or footwear products listed in Annex IVc are to cover, partially or totally, the costs referred to in paragraph 8, point (a), of this Article, for waste textile, textile-related and footwear products listed in Annex IVc ending up in mixed municipal waste. 10. Member States shall ensure that producers of textile, textile-related or footwear products listed in Annex IVc cover the costs referred to in paragraph 8 of this Article in relation to used and waste textile, textile-related and footwear products listed in Annex IVc that are deposited at collection points set up in accordance with Article 22c(8) and (11), where such products, including any used and waste textile, textile-related and footwear products that may have been collected through private take-back schemes and later aggregated with textiles collected pursuant to Article 22c(8), were made available on the market for the first time from 16 October 2025 if an extended producer responsibility scheme for textile, textile-related and footwear products listed in Annex IVc is already established in the Member State in question in accordance with Articles 8 and 8a on that date. 11. Member States shall ensure that producers of textile, textile-related or footwear products listed in Annex IVc cover the costs referred to in paragraph 8 of this Article in relation to used and waste textile, textile-related and footwear products listed in Annex IVc that are deposited at collection points set up in accordance with Article 22c(8) and (11), where such products, including any used and waste textile, textile-related and footwear products that may have been collected through private take-back schemes and later aggregated with textiles collected pursuant to Article 22c(8), were made available on the market for the first time: (a) from the date on which that Member State brings into force the laws, regulations and administrative provisions necessary to comply with Directive (EU) 2025/1892 of the European Parliament and of the Council ( 17 ), pursuant to Article 2(1) of that Directive; or (b) at the latest, from 17 April 2028, if an extended producer responsibility scheme for textile, textile-related and footwear products listed in Annex IVc is established in the Member State in question in accordance with paragraph 1 of this Article from 16 October 2025. 12. The costs to be covered referred to in paragraph 8 shall not exceed the costs that are necessary to provide the services referred to in that paragraph in a cost-efficient way and shall be established in a transparent way between the relevant actors in accordance with paragraph 7. 13. For the purposes of compliance with Article 30(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 III, Section 4, of that Regulation that allow consumers to conclude distance contracts with producers offering textile, textile-related or footwear products listed in Annex IVc to consumers located in the Union obtain the following information from producers prior to allowing them to use their services: (a) information on the registration in the register of producers referred to in Article 22b in the Member State where the consumer is located and the registration number or numbers of the producer in that register; (b) a self-certification by the producer committing itself to only offering textile, textile-related or footwear products listed in Annex IVc with regard to which the extended producer responsibility requirements referred to in paragraphs 1 and 8 of this Article and Article 22c(1) are complied with in the Member State where the consumer is located. 14. Member States shall ensure that the extended producer responsibility schemes laid down in paragraph 1 of this Article are established by 17 April 2028 in accordance with Articles 8, 8a, and 22a to 22d. 15. Member States shall adopt measures to ensure that producers offering textile, textile-related or footwear products listed in Annex IVc to end users located in the Union provide fulfilment service providers with the information referred to in paragraph 13 at the moment of the conclusion of the contract between the fulfilment service provider and the producer for any of the services referred to in Article 3, point (11), of Regulation (EU) 2019/1020. 16. Member States shall ensure that the fulfilment service provider, upon receiving the information referred to in paragraph 15 and at the moment of the conclusion of the contract between the fulfilment service provider and the producer for any of the services referred to in Article 3, point (11), of Regulation (EU) 2019/1020, through the use of any freely accessible official online database or online interface made available by a Member State or the Union or through requests to the producer to provide supporting documents from reliable sources, makes best efforts to assess whether the information referred to in paragraph 15 of this Article is reliable and complete. For the purposes of this Directive, producers shall be liable for the accuracy of the information provided. Member States shall ensure that: (a) where the fulfilment service provider obtains sufficient indications or has reason to believe that any item of information referred to in paragraph 15 obtained from the producer concerned is inaccurate, incomplete or not up to date, the fulfilment service provider requests that that producer correct, complete or update that information without delay or within the period set by Union and national law, and (b) where the producer fails to correct, complete or update that information, the fulfilment service provider swiftly suspends the provision of its service to that producer in relation to the offering of textile, textile-related or footwear products listed in Annex IVc to end users located in the Union until the request has been fully complied with; the fulfilment service provider shall provide the producer with the reasons for the suspension. 17. Without prejudice to Article 4 of Regulation (EU) 2019/1150 of the European Parliament and of the Council ( 18 ), if a fulfilment service provider suspends the provision of its service pursuant to paragraph 16 of this Article, Member States shall ensure that the producer concerned has the right to challenge the suspension of the fulfilment service provider before a court in one of the Member States where the fulfilment service provider is established.

· All articles ·

Source: EUR-Lex CELLAR · retrieved 2026-08-09