Extended producer responsibility for textiles – BMUKN’s key points for a textiles law
In its key issues paper (Eckunktepapier) dated 27 March 2026, the German Federal Ministry for the Environment (BMUKN) has, for the first time, set out in concrete terms how the introduction of extended producer responsibility for textiles in Germany is to be structured. Based on the European requirements of the amended Waste Framework Directive (WFD), this establishes the framework for a future German Textiles Act.
Note: We already provided a detailed overview of the principles of extended producer responsibility in our blog post on the amendment to the Waste Framework Directive on 15 November 2025. Prior to that, our client update of 8 October 2025 had already addressed the amendment to the Waste Framework Directive.
Which products are affected?
The Eckpunktepapier identifies clothing, clothing accessories, home textiles and footwear as the scope of the planned Textiles Act under a 1:1 implementation. This is intended to cover around 96% of the used textiles from private households in Germany that are already collected today.
Items such as bags or soft toys are not intended to be covered – whilst these may be collected alongside other waste, they do not trigger any producer responsibilities.
Who is considered a ‘manufacturer’ and what obligations are envisaged?
According to the paper, a manufacturer is defined as any company that offers textiles on the German market for the first time – i.e. producers, importers or distributors. Specifically, manufacturers must
- register with the competent authority before placing the goods on the market,
- bear financial responsibility for collection, transport, sorting and recovery,
- join an organisation for producer responsibility.
Manufacturers not based in Germany must appoint an authorised representative. Online platforms may only facilitate the sale of textiles on the German market if the manufacturer is duly registered.
How does the organisation of producer responsibility work?
Manufacturers are not expected to fulfil their obligations individually, but through so-called Producer Responsibility Organization (PRO). These PRO must, among other things,
- be officially authorised,
- organise the collection, sorting and recovery of used textiles,
- establish a nationwide collection network (at least one collection container per 1,000 inhabitants) and
- assume reporting obligations and financing systems.
This creates a collectively organised system, similar to that for packaging or electrical appliances. According to the Eckpunktepapier by the BMUKN, no single ‘mandatory PRO’ is to be introduced; instead, competition between several PROs is envisaged.
How will costs be allocated?
Funding will be provided through contributions that manufacturers must pay to the PRO. The amount of the contributions is to be based on quantitative and qualitative criteria:
- Quantitative: The more textiles a manufacturer places on the market, the greater their contribution.
- Qualitative (eco-modulation): Criteria such as durability, reparability, reusability, recyclability and the presence of hazardous substances are taken into account. The more environmentally friendly the product, the lower the contribution. Incentives for repairs can also have a positive impact on contributions.
Who should collect used textiles? And how much should be collected?
Organisations for producer responsibility are responsible for nationwide collection. They commission various stakeholders and must remunerate them for their collection activities. The following stakeholders have specific roles:
- Public waste management authorities: They are obliged to take back waste and must join a producer responsibility organisation; however, they may declare their own recovery for a calendar year (opt-in).
- Charitable collectors: They retain their privileged status, may continue to collect used textiles and are no longer required to submit a notification under § 18 of the Waste Management Act (Kreislaufwirtschaftsgesetz, KrWG). They must join a PRO, but may decide for themselves whether to hand over the used textiles to the PRO or to recover them themselves. If there is no handover to the PRO, there is a reporting obligation to the competent authority regarding the quantities collected and recycled, specifying the respective PRO.
- Commercial collectors: They may continue to collect, but must join a PRO and hand over the used textiles to it.
Each PRO is required to achieve a collection rate of 70%, calculated on the basis of the quantity of textiles placed on the market in the previous year by the affiliated manufacturers.
What targets should be set for recycling and recovery?
The Eckpunktepapier sets out ambitious targets:
- 95% recovery rate
- 85% recycling rate
The paper states that the sorting of used textiles is essential to ensure high-quality preparation for reuse in terms of both quantity and quality. If preparation for reuse is not feasible, the used textiles must be sent for ‘high-quality recycling’. Priority should be given to material or raw material recyling.
What about second-hand shops an charity shops?
Second-hand shops, charity shops and clothing banks are generally not expected to be affected by the provisions of the German Textiles Act, provided they pass on wearable clothing. The provisions of the Textiles Act should apply only once textiles become waste. The Eckpunktepapier makes no further statements on this matter, leaving it open as to whether this means that second-hand shops, charity shops and clothing banks fall under the producer responsibility and must join a waste management organisation as soon as textiles become waste at their premises.
What role is the “Commission for Used Textiles” intended to play?
The Eckpunktepapier provides for the establishment of a Commission for Used Textiles, which is to advise the competent authority on technical matters. Various stakeholders are to be represented on the Commission, including manufacturers, PRO, the retail sector, municipal and private waste management companies, charitable collectors, and environmental and consumer protection associations.
It remains to be seen which authority will assume this role in future. As the intention is to ensure uniform enforcement across Germany through a central body, there is a strong case for either the Federal Environment Agency (UBA) or a foundation already known from other sectors to be entrusted with this task.
In what ways do the German key points differ from the EU requirements?
The Eckpunktepapier largely transposes Directive (EU) 2025/1892 amending the Waste Framework Directive (see our client update of 8 October 2025) on a one-to-one basis, but contains notable deviations and stricter requirements in several areas compared to the European minimum framework:
- Collection rate, recovery rate and recycling rate
According to the Eckpunktepapier, the Textiles Act is to set a collection rate of 70%, based on the quantities of textiles placed on the market in the previous year by manufacturers affiliated with a collection organisation. The WFD itself does not specify a concrete collection rate, but merely obliges Member States to ensure a steady increase in separate collection. The German requirement is therefore more ambitious than the European minimum.
The Eckpunktepapier also provides for a recovery rate of 95% and a recycling rate of 85%. The WFD does not contain comparable target rates for textiles. Here too, the Eckpunktepapier goes beyond the European minimum requirements (so-called gold-plating).
- No implementation of the option to extend the scope to mattresses
Under Article 22a(1a) WFD, Member States are permitted to extend extended producer responsibility to mattresses. The Eckpunktepapier does not take up this opening clause – even though, on the initiative of Hesse, the Bundesrat had already called on the Federal Government on 13 June 2025 to promote the recycling of mattresses (BRat-Drs. 206/1/25). The German Textiles Act is therefore not intended to cover mattresses for the time being.
- Detailed accreditation requirements for producer responsibility organisations
Article 22c of WFD sets out the minimum requirements for waste management organisations. The Key Issues Paper provides much greater detail on these, for example by stipulating a minimum requirement of one collection container per 1,000 inhabitants and by introducing an obligation to provide a security deposit . The WFD does not contain any specific provisions for waste management organisations.
- No provisions for micro-enterprises or SMEs
The WFD provides for at least temporary relief for micro-enterprises (see our client information dated 8 October 2025). The Eckpunktepapier does not comment on a possible national SME exemption or relief for micro-enterprises, which will need to be clarified in the further legislative process.
When is the deadline for commenting on the Eckpunktepapier?
Comments on the Eckpunktepapier may be submitted until 24 April 2026.
The Eckpunktepapier can be accessed here.
