Italy announces the Extended Producer Responsibility (EPR) in the textile supply chain
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As an associate in the Milan office of Bird & Bird, I focus on intellectual property, advertising, unfair competition and consumer protection law.
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As a partner in our Milan-based Intellectual Property practice, I focus on trademarks, Protected Designation of Origin (PDO), advertising, unfair competition and consumer protection law, assisting both domestic and international clients with contentious and non-contentious matters. I am also the co-head of our international sub-sector Luxury, Fashion & Retail within the Retail & Consumer group.
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On 2 February 2023, the Ministry of the Environment and Energy Security (MASE) announced that it had prepared – together with the Ministry of Enterprise and “Made in Italy” (MIMIT) – a draft Decree identifying the new obligations to be fulfilled by producers in the textile sector with regard to the design, production, disposal, and recycling of textiles. A consultation phase has now been launched with key stakeholders in the sector, who will have to submit their comments by 3 March 2023.
Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 20008/98/EC on waste (Waste Framework Directive) introduced several provisions aimed at improving the reuse and recycling of waste, including textile waste, in the European Union with a view to moving towards a circular economy.
One of the main innovations introduced by Directive (EU) 2018/851 is the extended producer responsibility (EPR), a set of measures aimed at ensuring that producers bear financial and organisational responsibility for the management of the waste stage of the life cycle of products they place on the market.
One of the sectors covered by the Directive is the textile industry, in respect of which an obligation is also introduced for Member States to establish separate waste collection by 2025.
To implement the new provisions introduced at European level and in the context of the so-called “National Strategy for the Circular Economy”, the MASE and MIMIT have prepared a draft Decree that introduces important changes for textile manufacturers. The aim of the MISE is to promote sustainability and the reduction of environmental impacts of products as well as “a design of the same and their components aimed at reducing environmental impacts and waste generation”.
The main changes announced by the MASE for textile producers are:
- first, producers will have to take responsibility “for financing and organising the collection, preparation for re-use, recycling and recovery of textile waste', including through collective or individual management systems;
- appropriate financial and organisational means will also have to be put in place to set up, through management systems and in agreement with the relevant authorities, a nationwide textile waste collection network as well as “selective collection systems to increase the quality of textile fractions”;
- an environmental fee is also foreseen, which, however, shall not exceed the costs necessary to provide the waste management service and shall “encourage innovation towards circular economy models”;
- for the design phase of textile products, manufacturers will have to ensure that they develop, produce and market products “suitable for reuse and repair, containing recycled materials, technically durable and easily repairable”;
- specific eco-design measures are identified, such as (i) the use of bio-compatible textile fibres and natural materials, (ii) the elimination of hazardous components and substances also regarding microplastics released into the environment, (iii) the reduction of product quality defects that lead consumers to discard them (iv) the use of fibre and fabric blending techniques that favour adaptability to various uses and reparability;
- the Decree will also introduce specific provisions on research, development and use of advanced technologies for sorting fibres from waste treatment and recycling;
- the Decree will also refer to a 'digital labelling' system that describes the characteristics and fibre composition of textiles as well as highlights the possible presence of non-textile parts of animal origin;
- a Coordination Centre for Textile Recycling (CORIT) will be established, consisting of the individual and collective management systems recognised by the Ministry.
We therefore await the approval of the Decree in order to examine its provisions in detail and assess the impact it will have in practice on producers throughout the textile supply chain.
