Article 1 — Amendments to Directive 2008/98/EC

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; (2) in Article 3, the following points are inserted: 4b. producer of textile, textile-related or footwear products listed in Annex IVc means any manufacturer, importer or distributor or other natural or legal person, 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, either: (a) is established in a Member State and manufactures textile, textile-related or footwear products listed in Annex IVc under its own name or trademark, or has them designed or manufactured and supplies them for the first time under its own name or trademark, within the territory of that Member State; (b) is established in a Member State and resells within the territory of that Member State, under its own name or trademark, textile, textile-related or footwear products listed in Annex IVc manufactured by other economic operators, on which the name, brand or trademark of such other economic operators does not appear; (c) is established in a Member State and supplies for the first time within the territory of that Member State on a professional basis, textile, textile-related or footwear products listed in Annex IVc from another Member State or from a third country; or (d) sells textile, textile-related or footwear products listed in Annex IVc by means of distance contracts directly to end-users, whether or not they are private households, in a Member State, and is established in another Member State or in a third country. producer of textile, textile-related or footwear products listed in Annex IVc does not include manufacturers, importers or distributors or other natural or legal persons that supply used textile, textile-related or footwear products listed in Annex IVc assessed as fit for re-use, or textile, textile-related or footwear products listed in Annex IVc derived from those used or waste products or their parts on the market, or self-employed tailors producing customised products; 4c. making available on the market means any supply of a textile, textile-related or footwear product listed in Annex IVc for distribution or use on the market of a Member State 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. fulfilment service provider means fulfilment service provider as defined in Article 3, point (11), of Regulation (EU) 2019/1020 of the European Parliament and of the Council; 4g. consumer means any natural person acting for purposes which are outside their trade, business, craft or profession; 4h. end user means end user as defined in Article 3, point (21), of Regulation (EU) 2019/1020; 4i. social economy entity means a private law entity that provides goods or services and operates in accordance with the following principles: (a) the primacy of people as well as social or environmental purpose over profit; (b) the reinvestment of all or most of the profits and surpluses to further pursue their social or environmental purposes and carry out activities in the interest of their members or users or society at large; and (c) democratic or participatory governance; 4j. unsold consumer product means unsold consumer product as defined in Article 2, point 37, of Regulation (EU) 2024/1781 of the European Parliament and of the Council; (3) in Article 9, paragraph 1, points (g) and (h), and paragraphs 5, 6 and 8 are deleted; (4) the following article is inserted: Article 9a Prevention of food waste generation 1. Member States shall take appropriate measures to prevent the 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 at least the following: (a) developing and supporting behavioural change interventions to reduce food waste, and information campaigns to raise awareness about food waste prevention; (b) identifying and addressing inefficiencies in the functioning of the food supply chain and supporting cooperation amongst all actors, while ensuring a fair distribution of costs and benefits of prevention measures, which may include tackling market practices that cause food waste and supporting the marketing and use of products for which a derogation from Article 76 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council was granted pursuant to paragraph 4 of that Article, only under the conditions, if any, subject to which such a derogation was granted; (c) encouraging food donation and other redistribution for human consumption, ensuring the prioritisation of human use over animal feed and the reprocessing into non-food products; (d) supporting training and skills development as well as facilitating access to funding opportunities, in particular for small and medium-sized enterprises and social economy entities; (e) encouraging and promoting innovation and technological solutions which contribute to the prevention of food waste, without prejudice to Regulation (EU) 2025/40 of the European Parliament and of the Council, and in particular Article 6 thereof. Member States shall ensure that all relevant actors in the food supply chain are involved proportionately to their capacity and role in preventing the generation of food waste along that supply chain, with a specific focus on preventing a disproportionate impact on small and medium-sized enterprises. Member States shall, after consulting with food banks and other food redistribution organisations, take measures, where appropriate, on the basis of any existing national food donation system, to ensure that economic operators identified by Member States as having a significant role in the prevention and generation of food waste, propose donation agreements to food banks and to other food redistribution organisations so as to facilitate the donation of unsold food that is safe for human consumption, and at a reasonable cost to economic operators. 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. 3. The Commission is empowered to adopt delegated acts in accordance with Article 38a to supplement this Directive as regards laying down a common methodology and minimum quality requirements for the uniform measurement of food waste levels. 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: (a) reduction of the generation of food waste in processing and manufacturing by 10 % in comparison to the amount of food waste generated as an annual average between 2021 and 2023; (b) reduction of the generation of food waste per capita, jointly in retail and other distribution of food, in restaurants and food services and in households, by 30 % in comparison to the amount of food waste generated as an annual average between 2021 and 2023. 5. Where, in relation to the food waste reduction targets, a Member State is able to provide data for a year prior to 2021 which have been collected using methods set out in Commission Delegated Decision (EU) 2019/1597 or, for years before 2020, using methods comparable to the methodology and minimum quality requirements for the uniform measurement of levels of food waste as set out in that Delegated Decision, the Member State may use an earlier year as the reference period. By 17 April 2027 the Member State shall notify the Commission and the other Member States of its intention to use an earlier year and, for a year prior to 2020, shall provide the Commission with the data and measurement methods used to collect them and make those data and measurement methods publicly available. 6. In order to support Member States to achieve the food waste reduction target provided for in paragraph 4, point (b), by 17 October 2027, the Commission shall adopt implementing acts establishing a correction factor to account for the increase or decrease in tourism in relation to the reference period for the setting of the food waste reduction target. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). 7. When the Commission considers that the data related to a year prior to 2020 do not comply with the conditions set out in paragraph 5, it shall, within six months of receipt of a notification made in accordance with that paragraph, adopt a decision requesting the Member State to use an annual average between 2021 and 2023, 2020, or a year prior to 2020 other than that proposed by that Member State as the reference period. 8. 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 modifying those targets and/or extending targets to other stages of the food supply chain, and to considering setting new targets beyond 2030. The review referred to in the first subparagraph shall include: (a) an assessment of the extent and causes of food waste and losses in primary production and an identification and an assessment of feasibility of appropriate levers to reduce such waste and losses; (b) an assessment of the possibility to introduce legally binding targets with respect to paragraph 4, points (a) and (b), to be reached by 2035; and (c) an assessment of the impact of changes in production levels on the achievability of food waste reduction target with respect to paragraph 4, point (a). The Commission shall submit a report to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal. 9. Member States shall coordinate their actions to prevent food waste and share best practices, including through the EU Platform on Food Losses and Food Waste. (5) in Article 11, paragraph 1, the following subparagraph is inserted after the third subparagraph: In order to comply with the objectives of this Article, Member States shall ensure that the necessary infrastructure is in place for the separate collection of waste, including sufficient material and territorial coverage of separate collection points in accordance with Article 28(3), point (cb). ; (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 are inserted: 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. 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, 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, 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. Article 22b Register of producers of textile, textile-related or footwear products 1. Member States shall establish a register of producers of textile, textile-related or footwear products listed in Annex IVc (register of producers) to monitor compliance of those producers with Article 22a and Article 22c(1). The Commission shall establish a website with links to all national registers of producers to facilitate the registration of producers in all Member States. Member States shall inform the Commission about the link to their national registers of producers within 30 days of the launch of the registers. The information on each register of producers shall be easily accessible, publicly available and free of charge, machine readable, sortable and searchable, and respect open standards for third party use. The provision of information under this paragraph shall be without prejudice to preserving the commercial and industrial confidentiality of sensitive information in conformity with relevant Union and national law. 2. Member States shall ensure that producers are required to register in the register of producers. To that end, Member States shall require the producers to submit an application for registration in each Member State where they make available textile, textile-related or footwear products listed in Annex IVc on the market for the first time. 3. Member States shall only allow producers to make available on the market for the first time textile, textile-related or footwear products listed in Annex IVc where they or, in the case of authorisation, their authorised representatives for extended producer responsibility, are registered in the Member State in question. 4. The application for registration shall include the following information: (a) name, trademark and brand names, where available, under which the producer operates in the Member State concerned and address of the producer including postal code and place, street and number and country, telephone, if any, web address and email address, and a single contact point; (b) national identification code of the producer, including its trade register number or equivalent official registration number and Union or national tax identification number; (c) the CN codes of the textile, textile-related and footwear products listed in Annex IVc that the producer intends to make available on the market for the first time; (d) the name, postal code, place, street and number, country, telephone, if any, web address, email address and national identification code of the producer responsibility organisation, trade register number or an equivalent official registration number, the Union or national tax identification number of the producer responsibility organisation, and the represented producer’s mandate; (e) a statement by the producer or, where applicable, the authorised representative for extended producer responsibility or the producer responsibility organisation, stating that the information provided is true. 5. Member States shall ensure that the obligations under this Article can, on the producer’s behalf, be met by a producer responsibility organisation by written mandate. 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: (a) receives applications for the registration of producers referred to in paragraph 2 via an electronic data-processing system, the details of which shall be made available on the competent authority’s website; (b) grants registrations and provides a registration number within a maximum period of 12 weeks from the date that the information laid down in paragraph 4 is provided; (c) is able to lay down detailed arrangements with respect to the requirements and process of registration without adding substantive requirements further to those laid down in paragraph 4; (d) is able to charge cost-based and proportionate fees to producers for the processing of applications referred to in paragraph 2. 7. The competent authority may refuse or withdraw the producer’s registration where the information laid down in paragraph 4 and related documentary evidence is not provided or is insufficient 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 authorised representative for extended producer responsibility or 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 of the textile, textile-related or 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 publicly accessible, Member States shall ensure that providers of online platforms allowing consumers to conclude distance contracts with producers and fulfilment service providers concluding contracts for any of the services referred to in Article 3, point (11), of Regulation (EU) 2019/1020 with producers offering textile, textile-related or footwear products listed in Annex IVc to end users are granted access, free of charge, to the register of producers. 10. By 17 April 2027, the Commission shall adopt implementing acts establishing the harmonised format for registration in the register of producers 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 22c Producer responsibility organisations for textiles 1. Member States shall ensure that producers of textile, textile-related or footwear products listed in Annex IVc entrust 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 Article 8a(3), Articles 22a, 22b and 22d and this Article to obtain an authorisation from a competent authority. 3. Member States shall lay down criteria regarding the qualifications that producer responsibility organisations need to have in order to be entrusted to fulfil extended producer responsibility obligations on behalf of producers. In particular, Member States shall require the producer responsibility organisations to demonstrate the necessary expertise in waste management and sustainability. 4. Member States may derogate from the obligation in paragraph 3, provided that by 16 October 2025 they have already laid down criteria ensuring that a producer responsibility organisation may be entrusted to fulfil extended producer responsibility obligations on behalf of producers only where it shows its expertise in the field of waste management and those criteria ensure that the producer responsibility organisation will manage the waste in a sustainable manner and limit the impact of waste management on the environment. 5. Without prejudice to Article 8a(4), Member States shall require producer responsibility organisations to ensure that the financial contributions paid to them by producers of textile, textile-related or footwear products listed in Annex IVc: (a) are based on the weight and, where appropriate, the quantity of the products concerned and, for textile, textile-related and footwear products listed in Annex IVc, are modulated on the basis of the ecodesign requirements adopted pursuant to Regulation (EU) 2024/1781 that are most relevant for the prevention of waste generated from textile, textile-related and footwear products and for their treatment in line with the waste hierarchy and the corresponding measurement methodologies for those criteria adopted pursuant to that Regulation or on the basis of other Union law establishing harmonised sustainability criteria and measurement methods for textile, textile-related and footwear products, and that ensure the improvement of environmental sustainability and circularity of those products; (b) take account of the revenues by the producer responsibility organisations from re-use, from preparing for re-use or from the value of secondary raw materials from recycled waste textiles; (c) ensure equal treatment of producers regardless of their origin or size, without placing disproportionate burdens on producers, including small and medium-sized enterprises, of small quantities of textile, textile-related or footwear products listed in Annex IVc. 6. Where it is appropriate to address ultra-fast and fast-fashion practices and related overgeneration of waste from textile, textile-related and footwear products listed in Annex IVc, Member States may require the producer responsibility organisations to modulate the financial contribution on the basis of producers’ practices, concerning textile, textile-related and footwear products listed in Annex IVc, based on the product life span resulting from such practices, the length of the useful life of those products beyond the first user, and the contribution to closing the loop of those products, by turning waste textiles into raw materials for new production chains. 7. Where necessary to avoid distortion of the internal market and ensure consistency with the ecodesign requirements adopted pursuant to Article 4 in conjunction with Article 5 of Regulation (EU) 2024/1781, the Commission shall adopt implementing acts laying down the fee modulation criteria for the application of paragraph 5, point (a), and paragraph 6 of this Article. Those implementing acts, which shall not concern the precise determination of the level of the contributions, shall be adopted in accordance with the examination procedure referred to in Article 39(2) of this Directive. 8. 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: (a) offer the actors referred to in paragraph 9, point (a), the collection of such used and waste textile, textile-related and footwear products, and provide for the practical arrangements necessary for the collection and transport of such used and waste textile, textile-related and footwear products, including the provision, free of charge, of suitable collection and transport containers, to the collection points which are part of the producer responsibility organisation’s collection system; (b) ensure the collection, free of charge, of such used and waste textile, textile-related and footwear products collected through the collection points which are part of the producer responsibility organisation’s collection system, with a frequency that is adapted to the area covered and the volume of such used and waste textile, textile-related and footwear products usually collected through those collection points; (c) ensure the collection, free of charge, of waste generated by social economy entities and other actors from such textile, textile-related and footwear products collected through the collection points, which are part of the producer responsibility organisation’s collection system, in a coordinated manner between the producer responsibility organisation and social economy entities and such other actors. Any coordination among producer responsibility organisations shall remain subject to Union competition law. 9. Member States shall ensure that the collection system referred to in paragraph 8: (a) consists of collection points set up by the producer responsibility organisations and waste management operators on their behalf in cooperation with one or more of the following actors: social economy entities, retailers, public authorities or third parties carrying out on behalf of those authorities the collection of used and waste textile, textile-related and footwear products listed in Annex IVc, and operators of voluntary collection points; (b) covers the whole territory of the Member State, taking into account population size and density, expected volume of used and waste textile, textile-related and footwear products listed in Annex IVc, accessibility and vicinity to end-users, without being limited to areas where the collection and subsequent management of those products is profitable; (c) maintains a sustained and technically feasible increase in the separate collection and corresponding decrease in mixed municipal waste collection of used and waste textile, textile-related and footwear products listed in Annex IVc, based on available good practices. 10. Member States shall ensure that producer responsibility organisations are not allowed to refuse the participation of local public authorities, social economy entities or other re-use operators in the separate collection system established pursuant to paragraph 8. 11. Without prejudice to paragraph 8, points (a) and (b), and paragraph 9, point (a), Member States shall ensure that social economy entities 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 social economy entities that are part of the collection system in accordance with paragraph 9, point (a), are not required to hand over collected used and waste textile, textile-related and footwear products listed in Annex IVc to the producer responsibility organisation. 12. Member States shall ensure that social economy entities that operate their own separate collection points in accordance with paragraph 11 submit at least once a year to the competent authority information on the quantity by weight of the separately collected used and waste textile, textile-related and footwear products listed in Annex IVc, specifying: (a) the quantity by weight assessed as fit for re-use, indicating, where possible, the quantity by weight exported; (b) the quantity by weight destined to preparing for re-use, and recycling, where available specifying separately fibre-to-fibre recycling, indicating, where possible, the quantity by weight exported; and (c) the quantity by weight destined to other recovery or disposal. 13. By way of derogation from paragraph 12, Member States may exempt, partially or totally, social economy entities from the obligation to submit the information in paragraph 12, where the fulfilment of such reporting obligations would result in a disproportionate administrative burden on those entities. 14. Member States shall ensure that, in addition to the information referred to in Article 8a(2), producer responsibility organisations make available to end users the following information regarding sustainable consumption, including second-hand options, re-use and end-of-life management of textile and footwear with respect to the textile, textile-related or footwear products listed in Annex IVc that the producers make available on the market for the first time: (a) the role of end users in contributing to waste prevention, including any best practices, in particular by fostering sustainable consumption patterns and promoting good care of products while in use; (b) re-use and repair arrangements available for textile and footwear; (c) the location of collection points; (d) the role of end users in correctly contributing to the separate collection of used and waste textile, textile-related and footwear products, including through donation; (e) the impact on the environment, human health as well as social and human rights of textile production, in particular fast-fashion practices and consumption, recycling and other recovery and disposal and inappropriate discarding of waste textile, textile-related and footwear products, such as littering or discarding in mixed municipal waste as well as the steps taken to mitigate the impact on the environment and on human health. 15. Member States shall ensure that the producer responsibility organisation provides the information referred to in paragraph 14 on a regular basis, and that the information is up to date and provided by means of: (a) a website or other means of electronic communication; (b) communication in public spaces and at the collection point; (c) education programmes, awareness raising campaigns, and community engagement activities; (d) signposting in a language or languages which can be easily understood by users and consumers. 16. Where, in a Member State, multiple producer responsibility organisations are entrusted to fulfil extended producer responsibility obligations on behalf of producers, Member States shall ensure that those producer responsibility organisations cover the whole territory of the Member State, with the aim of providing uniform service quality of the separate collection system across the territory for used and waste textile, textile-related and footwear products listed in Annex IVc. Member States shall designate the competent authority or appoint an independent third party to oversee that producer responsibility organisations fulfil their obligations in a coordinated manner and in accordance with Union competition law. Member States in which only one producer responsibility organisation is entrusted to fulfil extended producer responsibility obligations on behalf of producers may designate the competent authority or appoint an independent third party to oversee that the producer responsibility organisation fulfils its obligations in accordance with the Union competition law. 17. 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. 18. 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): (a) at least once a year, subject to commercial and industrial confidentiality, the information on: (i) the amount, including the quantity by weight, of products made available on the market for the first time; (ii) the quantity by weight of separate collection of used and waste textile, textile-related and footwear products listed in Annex IVc, specifying separately such unsold products; (iii) the rates of re-use, preparing for re-use, and recycling, specifying separately the rate of fibre-to-fibre recycling, achieved by the producer responsibility organisation; (iv) the rates of other recovery and disposal; and (v) the rates of exports of used textile, textile-related and footwear products listed in Annex IVc assessed as fit for re-use, and exports of waste textile, textile-related and footwear products listed in Annex IVc; (b) information on the selection procedure for waste management operators selected in accordance with paragraph 19. 19. Member States shall ensure that producer responsibility organisations provide for a transparent and non-discriminatory selection procedure for waste management operators, based on transparent award criteria, without placing any disproportionate burden on small and medium-sized enterprises, to procure: (a) waste management services from waste management operators referred to in paragraph 9, point (a), and (b) subsequent waste treatment. 20. Member States shall ensure that producer responsibility organisations provide, on an annual basis, the competent authorities with the information referred to in paragraph 18, points (a) and (b), including the relevant information referred to in paragraph 18, point (a), required, on an annual basis, from the producers of the textile, textile-related or footwear products listed in Annex IVc that have been made available on the market for the first time. Member States shall ensure that producer responsibility organisations specify the quantity by weight in respect of the information referred to in paragraph 18, point (a), points (iii), (iv) and (v). By way of derogation from the first subparagraph of this paragraph, Member States shall require that, in respect of producers that are enterprises that employ fewer than 10 persons and whose annual turnover and annual balance sheet does not exceed EUR 2 million, producer responsibility organisations request those enterprises to submit, on an annual basis, only the information listed in paragraph 18, point (a), point (i). The Commission shall amend Commission Implementing Decisions (EU) 2019/1004 and (EU) 2021/19 to include, in accordance with Article 37(7) of this Directive, the information referred to in the first subparagraph. The amended implementing acts shall address: (a) information on reporting schedules; (b) specifications concerning the structure and format of data reporting with a view to ensuring uniformity, consistency and ease of data consolidation for producer responsibility organisations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). Article 22d Management of waste textiles 1. Member States shall ensure that the collection, loading and unloading, transportation and storage infrastructure as well as other operations including handling of used and waste textiles, and subsequent sorting and treatment processes, receive protection from adverse weather conditions and potential sources of contamination in order to prevent damage and cross-contamination of the collected used and waste textiles. Separately collected used and waste textile shall be subject to a professional screening at the separate collection point or the sorting facility to identify and remove non-target items or materials or substances that are potential sources of contamination. 2. Member States shall ensure that used and waste textile, textile-related and footwear products that are separately collected, including in accordance with Article 22c(8) and (11), are considered to be waste upon collection. With regard to textiles other than the products listed in Annex IVc, as well as discarded unsold textile, textile-related and footwear products listed in Annex IVc, Member States shall ensure that the different fractions of textiles materials and textiles items are kept separate at the point of waste generation where such separation facilitates subsequent re-use, preparing for re-use, or recycling, including fibre-to-fibre recycling where technological progress allows. That separation shall be carried out in a cost-efficient way to maximise resource recovery and environmental benefits. 3. By way of derogation from paragraph 2, used textile, textile-related and footwear products that are directly handed over by end users and directly professionally assessed as fit for re-use at the collection point by the re-use operator or social economy entities shall not be considered to be waste upon collection. 4. Member States shall ensure that used and waste textile, textile-related and footwear products that are separately collected, including in accordance with Article 22c(8) and (11), are subject to sorting operations to ensure the treatment in line with the waste hierarchy. 5. Member States shall ensure that sorting operations of used and waste textile, textile-related and footwear products that are separately collected, including in accordance with Article 22c(8) and (11), comply with the following requirements: (a) the sorting operation is to generate textile, textile-related and footwear products for re-use and preparing for re-use, prioritising local sorting, where appropriate, and local re-use; (b) the sorting-for-re-use operations sort textile, textile-related and footwear products at an appropriate level of granularity, allowing for item-to-item sorting which separates fractions that are fit for direct re-use from those that are to be subject to further preparing for re-use operations, and target a specific re-use market applying up-to-date sorting criteria relevant to the receiving market; (c) items that are assessed as not suitable for re-use are sorted for remanufacturing and recycling including, where technological progress allows, fibre-to-fibre recycling, with a view to prioritising remanufacturing over recycling; (d) the output of sorting and subsequent recovery operations destined for re-use meet the criteria for ceasing to be considered as waste, as referred to in Article 6. 6. By 1 January 2026 and every five years thereafter, Member States shall carry out a compositional survey of collected mixed municipal waste to determine the share of waste textile, textile-related and footwear products, where appropriate, in accordance with the CN codes referred to in Annex IVc. 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(14) and (15). Member States shall ensure that the results of those surveys are available to the public. 7. Member States shall ensure that, in order to distinguish between used textile, textile-related and footwear products assessed as fit for re-use and waste textile, textile-related and footwear products, shipments of used textile, textile-related and footwear products assessed as fit for re-use suspected of being waste may be inspected by the competent authorities of Member States for compliance with the minimum requirements set out in paragraphs 8 and 9 for the shipments of used textile, textile-related and footwear products assessed as fit for re-use and monitored accordingly. 8. Member States shall ensure that shipments arranged on a professional basis of used textile, textile-related and footwear products assessed as fit for re-use comply with the minimum record-keeping requirements set out in paragraph 9 and are accompanied by at least the following information: (a) a copy of the invoice and contract relating to the sale or transfer of ownership of the textiles, textile-related and footwear products which states that they are destined for direct re-use and that they are fit for direct re-use; (b) evidence of a prior sorting operation or direct professional assessment as fit for re-use carried out in accordance with this Article and, where available, the criteria adopted pursuant to Article 6(2), in the form of a copy of the records on every bale within the consignment and a protocol containing all record information according to paragraph 9 of this Article; (c) a declaration made by the natural or legal person in possession of used textile, textile-related or footwear products assessed as fit for re-use that arranges, on a professional basis, the transport of used textile, textile-related and footwear products assessed as fit for re-use that none of the material within the consignment is waste as defined by Article 3(1). Member States shall ensure that the shipments referred to in the first subparagraph of this paragraph are appropriately protected against damage during transportation, loading and unloading, in particular, through sufficient packaging and appropriate stacking of the load, thereby maintaining the integrity and quality of the textiles for re-use throughout the transport process. 9. Member States shall ensure that shipments of used textile, textile-related and footwear products assessed as fit for re-use comply with the following minimum record-keeping requirements: (a) the record of the sorting, the direct professional assessment as fit for re-use or the preparing for re-use operations is fixed securely but not permanently on the packaging; (b) the record contains the following information: (i) a description of the item or items present in the bale reflecting the most detailed sorting granularity that the textile items have undergone during the sorting or preparing for re-use operations such as type of clothes, size, colour, gender, material composition, and any other relevant characteristics that contribute to efficient re-use; (ii) the name and address of the company responsible for the final sorting or preparing for re-use. 10. Member States shall ensure that, where the competent authorities or authorities involved in inspections establish that an intended shipment of used textile, textile-related and footwear products assessed as fit for re-use is suspected of being waste, the costs of appropriate analyses, inspections and storage of used textile, textile-related or footwear products assessed as fit for re-use suspected of being waste may be charged to the producers of textile, textile-related or footwear products listed in Annex IVc, to third parties acting on their behalf or to other persons arranging the shipment. (8) in Article 29, paragraph 2a is replaced by the following: 2a. Member States shall adopt specific food waste prevention programmes which may be presented as part of their waste prevention programmes. ; (9) the following article is inserted: Article 29a Food waste prevention programmes 1. Member States shall evaluate and adapt their food waste prevention programmes, with a view to attaining the targets provided for in Article 9a(4). Those programmes shall at least contain the measures laid down in Article 9(1) and Article 9a(1) and, where relevant, the measures listed in Annexes IV and IVa and shall be communicated to the Commission by 17 October 2027. 2. Each Member State shall designate the competent authorities responsible for the coordination of the measures to prevent generation of food waste referred to in Article 9a(1) implemented in order to reach the targets set out in Article 9a(4) and inform accordingly the Commission by 17 January 2026. The Commission shall subsequently publish that information on the relevant website. ; (10) Article 37 is amended as follows: (a) in paragraph 3, the first subparagraph is replaced by the following: Member States shall report the data concerning the implementation of Article 9(4) and the data referred to in Article 22c(12), Article 22c(18), point (a), and Article 22c(20) to the European Environment Agency every year. Member States shall report the data concerning the implementation of Article 9a(2) to the Commission every year. ; (b) the following paragraph is inserted: 5a. Member States shall make the quality check reports related to Article 9a(2) publicly available, after evaluating whether the disclosure would undermine the protection of confidential business information. ; (c) 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 purpose 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 38a 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) and (4), 38(2) and (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(5) shall be conferred on the Commission for a period of five years from 17 April 2027. 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(5), 27(1) and(4), 38(2) and (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(5), 27(1),and (4), 38(2) and (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. ; (12) in Article 41, the following paragraph is added: From 17 April 2029, Articles 22a, 22b, 22c and 22d shall apply to enterprises which employ fewer than 10 persons and whose annual turnover and annual balance sheet does not exceed EUR 2 million. ; (13) the following article is inserted: Article 41a Review By 31 December 2029, the Commission shall evaluate this Directive and Directive 1999/31/EC. The evaluation shall, inter alia, also assess: (a) the effectiveness of the financial and organisational responsibility of the extended producer responsibility schemes for textile, textile-related and footwear products listed in Annex IVc established pursuant to this Directive to cover the costs arising from the application of the requirements set out in this Directive, including assessing the possibility of requiring a financial contribution from commercial re-use operators, in particular larger ones; (b) the possibility of setting waste prevention, collection, preparing for re-use, and recycling targets for waste textile; (c) the possibility of introducing prior sorting of mixed municipal waste to prevent waste which can be recovered for preparing for re-use, or recycling from being sent to waste incineration or landfilled. The Commission shall present a report on the findings of that evaluation to the European Parliament and to the Council. Where appropriate, the report shall be accompanied by a legislative proposal. ; (14) the text set out in the Annex to this Directive is inserted as Annex IVc.