Why textiles are now becoming EPR-relevant
Extended Producer Responsibility (EPR) is gradually being extended to new product groups in Europe. After electrical appliances, packaging and batteries, European legislators are now focusing on textiles and shoes.
Textiles are one of the fastest growing waste streams in the EU. Short usage cycles, fast fashion models and increasing import volumes lead to considerable environmental pollution. Against this backdrop, the revised EU Waste Framework Directive obliges member states to introduce national EPR systems for textile products.
For manufacturers and online retailers, this means that new regulatory obligations are on the horizon – even in countries where there was previously no textile EPR.
Legal background: Adaptation of the EU Waste Framework Directive
The revised Waste Framework Directive obliges all EU Member States to introduce a system of extended producer responsibility for textiles by 2028 at the latest.
Key points of the new regulation:
- Mandatory EPR systems for textiles and shoes
- Financing the collection, sorting and treatment of used textiles
- Separate collection of textile waste
- Promoting reuse and recycling
- Stronger incentives for durable and recyclable products
The specific design will take place at national level. It is therefore to be expected that the systems – similar to WEEE or packaging – will differ between the Member States.
Who is affected?
The future textile EPR is expected to affect:
- Manufacturer of clothing and shoes
- Importers of textile products from third countries
- Online retailer with cross-border sales
- Platform seller
- Brand owners who sell products under their own name
As in other EPR areas, the definition of “manufacturer” in the respective national law will be decisive.
What obligations are to be expected?
Even if national regulations are still pending, experience has shown that textile EPR systems are based on existing models from the electrical appliances and packaging sectors.
The following obligations are expected to arise:
Obligation to register
Companies must register with a national competent authority.
Responsibility for financing
Manufacturers bear the costs of collecting, sorting and treating used textiles.
Quantity reports
Regular reporting of the quantities of textiles placed on the market.
Reporting obligations
Documentation and verification obligations towards authorities.
Design requirements
Incentive systems for recyclable, durable or repairable products.
Differences to existing EPR systems
The textile EPR differs from WEEE or packaging systems in several respects:
- Focus on reuse (second-hand structures)
- Greater importance of product design and material composition
- Possible ecological fee scaling (“eco-modulation”)
- Close link with EU circular economy goals
Companies that already fulfill EPR obligations in the area of electrical appliances or packaging should expand their compliance structures at an early stage.
Risks of non-compliance
As with other EPR systems, it can be assumed that violations can be sanctioned by:
- Fines
- Distribution bans
- Marketplace closures
- Warning letters under competition law
Increased controls are to be expected in cross-border online trade in particular.
What companies should check now
Even if national implementation regulations are still pending in some cases, it is already recommended now:
- Analysis of own product portfolio (textile share)
- Review of the distribution structure in the EU
- Development of internal quantity recording systems
- Monitoring the national legislative process
- Preparation for possible registration and reporting obligations
Companies with international sales should also check whether proxy obligations will be introduced in individual countries in the future.
FAQ - Frequently asked questions about textile EPR
When does the Textile EPR come into force?
The EU obliges member states to introduce national systems by 2028 at the latest, although national regulations can be implemented earlier.
Does the textile EPR also apply to online retailers?
Yes, as with other EPR areas, it can be assumed that online retailers can be considered manufacturers within the meaning of the respective national laws.
Do foreign manufacturers have to appoint a representative?
This depends on the national implementation. In other EPR areas, there is often an obligation to appoint an authorized representative.
Conclusion
With the introduction of a mandatory textile EPR in the EU, extended producer responsibility is being extended to another important product area. For manufacturers, importers and online retailers, this means new regulatory requirements that should be integrated into existing compliance structures at an early stage.
Companies that take a holistic approach to their EPR strategy can minimize regulatory risks and prepare for upcoming obligations at an early stage.
