DRAFT DATED 2 May 2022

Decree of

laying down rules on extended producer responsibility for textile products (Extended Producer Responsibility Decree)

On the recommendation of the State Secretary for Infrastructure and Water Management of [date], No. Infrastructure and Water Management/BSK-, Principal Executive and Legal Affairs;
Having regard to Article 9.5.2, paragraphs 1 and 7 of the Environmental Management Act;
Having heard the opinion of the Advisory Section of the Council of State (opinion No [number] of [date]);
Having regard to detailed report of the State Secretary for Infrastructure and Water Management No IenW/BSK-[number], Administrative and Legal Affairs Department;

Bulletin of Acts and Decreesof the Kingdom of the Netherlands
Year 2023
132
Decree of 14 April 2023 laying down rules on
extended producer responsibility for textile
products (Extended Producer Responsibility
for Textiles Decree)
We Willem-Alexander, by the grace of God, King of the
Netherlands, Prince of Orange-Nassau, etc. etc. etc.
On the recommendation of the State Secretary for Infrastructure
and Water Management of [date], No. Infrastructure and Water
Management/BSK-, Principal Executive and Legal Affairs;
Having regard to Article 9.5.2(1) of the Environmental Management
Act;
Having heard the opinion of the Advisory Section of the
Council of State (Opinion No W17.22.00077/IV of 8 December
2022);
Having regard to detailed report of the State Secretary for
Infrastructure and Water Management No IenW/BSK-[number],
Administrative and Legal Affairs Department;
Have approved and hereby decree the following:

Article 1 (Definitions and scope)

1. For the purposes of this Decree and the provisions based thereon, the following definitions shall apply:

household textiles: table linen, bed linen and household linen referred to in Chapter 63, Part I, heading 6302, of Section XI of Part II of Annex I to Regulation (EEC) No 2658/87;

placing on the market: making textile products available on the market in the Netherlands for the first time;

clothing: consumer and occupational clothing referred to in Chapters 61 and 62 of Section XI of Part II of Annex I to Regulation (EEC) No 2658/87;

making available on the market: in the course of a commercial activity, whether in return for payment or not, supplying a textile product for distribution, consumption or use on the Dutch market;

producer: person or entity that places textile products on the market in the Netherlands, irrespective of the sales method used;

textile products: textile products referred to in Article 3(1)(a) read in conjunction with Article 2(2)(a) of Regulation (EU) No 1007/2011;

textile fibres: textile fibres referred to in Article 3(1)(b), read in conjunction with Article 5 and Annex I of Regulation (EU) No 1007/2011;

Regulation (EU) No 1007/2011: 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 2011 L 272);

Regulation (EEG) No 2658/87: Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff in the calendar year in which textile products are placed on the market (OJ 1987 L 256);

fibre-to-fibre recycling: recycling in which textile products that have become waste are processed so that textile fibres are reapplied in materials for clothing or household textiles;

2. This Decree concerns newly manufactured textile products of the categories of clothing and household textiles.

1.For the purposes of this Decree and the provisions based thereon,
the following definitions shall apply:
household textiles: table linen, bed linen and household linen
referred to in Chapter 63, Part I, Heading 6302, of Section XI of Part II of
Annex I to Regulation (EEC) No 2658/87;
placing on the market: making a product available on the market in
the Netherlands for the first time;
clothing: consumer and occupational clothing referred to in
Chapters 61 and 62 of Section XI of Part II of Annex I to Regulation
(EEC) No 2658/87;
making available on the market: in the course of a commercial
activity, whether in return for payment or not, supplying a product
for distribution, consumption or use;
producer: person or entity that professionally places textile
products on the market, irrespective of the sales method used;
textile products: textile products referred to in Article 3(1)(a) in
conjunction with Article 2(2)(a) of Regulation (EU) No 1007/2011;
textile fibres: textile fibres referred to in Article 3(1)(b) in
conjunction with Article 5 and Annex I of Regulation (EU)
No 1007/2011;
Regulation (EU) No 1007/2011: Regulation (EU) No 1007/2011 of the
European Parliament and of the Council of 27 September 2011 on
Bulletin of Acts and 1
Decrees 2023 132

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 2011 L 272);
Regulation (EEG) No 2658/87: Council Regulation (EEC) No 2658/87
of 23 July 1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff in the calendar year in which textile
products are placed on the market (OJ 1987 L 256);
fibre-to-fibre recycling: recycling in which textile products that
have become waste are processed so that textile fibres are reapplied
in materials for clothing or household textiles;
2.This Decree concerns newly manufactured textile products of
the categories of clothing and household textiles.
Article 2 (authorised representative)

1. A producer not established in the Netherlands who places textile products on the market in the Netherlands shall designate a legal or natural person established in the Netherlands as authorised representative for the implementation of the obligations of the producer in connection with this Decree and the Extended Producer Responsibility Decree.

2. The authorised representative shall be subject to the requirements laid down by ministerial regulation, such as notification and information and reporting requirements referred to in Articles 4 and 5 of the Extended Producer Responsibility Decree.

1.A producer not established in the Netherlands shall designate a
legal or natural person established in the Netherlands as authorised
representative for the implementation of the obligations of the
producer in connection with this Decree and the Extended Producer
Responsibility Decree.
2.The authorised representative shall be subject to the
requirements laid down by ministerial regulation.
Article 3 (preparation for re-use and recycling)

Without prejudice to Articles 4 and 5, the producer shall ensure that at least the following % by weight of the total textile products marketed in the preceding calendar year is prepared for reuse or recycled in each calendar year:

a. in 2025: 50 % by weight;

b. in 2026: 55 % by weight;

c. in 2027: 60 % by weight;

d. in 2028: 65 % by weight;

e. in 2029: 70 % by weight;

f. from 2030 onwards: 75 % by weight.

Without prejudice to Articles 4 and 5, the producer shall ensure
that at least the following % by weight of the total textile products
marketed in the preceding calendar year is prepared for reuse or
recycled in each calendar year:
a.in 2025: 50 % by weight;
b.in 2026: 55 % by weight;
c.in 2027: 60 % by weight;
d.in 2028: 65 % by weight;
e.in 2029: 70 % by weight;
f.from 2030 onwards: 75 % by weight.
Article 4 (preparation for re-use)

1. The producer shall ensure that at least the following % by weight of the total textile products placed on the market in the preceding calendar year is prepared for re-use per calendar year:

a. in 2025: 20 % by weight;

b. in 2026: 21 % by weight;

c. in 2027: 22 % by weight;

d. in 2028: 23 % by weight;

e. in 2029: 24 % by weight;

f. from 2030 onwards: 25 % by weight.

2. The producer shall ensure that at least the following % by weight of the total textile products marketed in the preceding calendar year is prepared for reuse in the Netherlands:

a. in 2025: 10 % by weight;

b. in 2026: 11 % by weight;

c. in 2027: 12 % by weight;

d. in 2028: 13 % by weight;

e. in 2029: 14 % by weight;

f. from 2030 onwards: 15 % by weight.

1.The producer shall ensure that at least the following % by weight
of the total textile products placed on the market in the preceding
calendar year is prepared for re-use per calendar year:
a.in 2025: 20 % by weight;
b.in 2026: 21 % by weight;
c.in 2027: 22 % by weight;
d.in 2028: 23 % by weight;
e.in 2029: 24 % by weight;
f.from 2030 onwards: 25 % by weight.
2.The producer shall ensure that at least the following % by weight
of the total textile products marketed in the preceding calendar year
is prepared for reuse in the Netherlands:
a.in 2025: 10 % by weight;
b.in 2026: 11 % by weight;
c.in 2027: 12 % by weight;
d.in 2028: 13 % by weight;
e.in 2029: 14 % by weight;
f.from 2030 onwards: 15 % by weight.
Article 5 (fibre-to-fibre recycling)

1. The producer shall ensure that, per calendar year, of the total of textile products they have placed on the market in the preceding calendar year and recycled, at least the following percentage by weight of is recycled fibre-to-fibre:

a. in 2025: 25 % by weight;

b. in 2026: 27 % by weight;

c. in 2027: 29 % by weight;

d. in 2028: 31 % by weight;

e. in 2029: 32 % by weight;

f. from 2030 onwards: 33 % by weight.