Towards a circular and more sustainable fashion: how Europe is preparing to achieve climate neutrality in the textile industry
Individual actions are not enough. The European Union aspires for our clothes to be more respectful of the planet by 2030. These are the measures that it has put in place, from eco-design to the digital passport of garments, which concern all of us.
Europe is clear: the future of fashion will be circular or it will not be.[1] “It enables to reduce the environmental footprint of textile products throughout their life cycle, increase the resilience and competitiveness of the sector, improve working conditions in accordance with international labour standards and maintain the value of textiles in the economy for as long as possible, reducing dependence on virgin raw materials”, list from the European Commission that, through the European Green Pact, has begun to promote its transition. This is a set of legislative proposals that will impact large industries in the eurozone with the aim of reinventing them under the precepts of the Circular Economy and progressively reducing their carbon footprint —aspires to mitigate CO₂ emissions by 55% by 2030— until reaching the desired climate neutrality in 2050.
The importance of the textile sector in this ambitious Green Deal responds to both its economic and environmental weight. It comprises more than 160,000 companies, employs 1.5 million people and, according to the Commission report, generates a turnover of 162,000 million euros. However, it is also the fourth industry with the greatest impact on climate change and the fifth that uses the most virgin resources worldwide. The EU is convinced that it can reverse the ranking if it explores its great creative and circularity potential and, in this line, has promoted a series of measures, such as the Regulation on the ecological design of sustainable products[2] or the European Union Strategy on sustainable and circular textile products[3], that address the problem from the design of textiles —especially clothing and footwear, 80% of the most consumed goods in fashion—. The objective is firm: to achieve that by 2030 "all textiles marketed in the EU are durable and recyclable, made to a large extent with recycled fibres, free of hazardous substances and produced with respect for social rights and the environment".
This Action Plan, in the words of Cristina Mesa, a partner in the Department of Industrial and Intellectual Property of the Garrigues law firm[4], "addresses the problems in a harmonised manner, analysing the entire life cycle of textile products and proposing actions to change the way in which we produce and consume textiles. Specifically, the strategy aims for textile products put on the EU market to be durable and recyclable, and for the industry to move from a linear to a circular business model." The expert points out the determining role that all economic agents will have in this transition. Both manufacturers, who must take responsibility for their products throughout the entire value chain[5], even when they become waste; like customers, who will have the right to know all the information related to their garment, so that they can bet on more sustainable products and extend their useful life as much as possible.
"The role of consumers is essential, since it is the demand that can exert the greatest pressure on the supply," defends Mesa. It is about ensuring maximum transparency to empower the customer. In this sense, it is expected that all garments in 2030 will be accompanied by a Digital Product Passport, a traceability tool that will enable their owners to check how, where or what they are made of and follow their trajectory throughout their lives as :long as they are useful. The EU also wants to give new meaning to the concept of sustainability; for this reason, it has promoted the creation of the Green Claims Directive[6], a legislative initiative that will require firms to certify that their garments are exactly how they say they are and thus fight against diffuse advertising claims. "This information will help consumers and companies to evaluate products and make informed choices," the lawyer resolved.
A common and circular design
Currently, textiles that want to display the EU eco-label[7] must already meet certain circular requirements —for example, durability and good quality criteria, restrictions on chemical substances or the commitment to fabrics of sustainable origin—; however, due to their voluntary nature, experts consider that they have a very limited impact on the environment. For Sandra Bravo Guinea, associate and head of the Fashion and Lifestyle Law area at Contiac Abogados[8], the new strategy will serve to cover gaps and legislative inconsistencies and establish rigorous criteria, common to all Member States, to promote the manufacture of products sustainable, climate neutral and affordable throughout the European market: "European Union initiatives aim to encourage companies to design garments with greater durability, that can be repaired and reused".
Although the circular design eco-criteria for future textiles are not yet known – the Commission says they will review the EU Ecolabel criteria for textiles and footwear to encourage their uptake among producers – the EU emphasizes the durability and recyclability of textiles to guarantee their longevity from the creation of the garment. "Quality deficiencies, such as colour fastness, tear resistance or the quality of zippers and seams, are some of the main reasons why consumers discard textile products," they point out from the Commission that proposes to inform customers of everything relevant to their repair – including a repairability score – and their subsequent recycling.
Precisely, the composition is the other aspect on which the Commission focuses to redirect the environmental performance of our clothing. Only 13% of all textiles in the world can be recycled, in part, due to the mixture of fibres and fabrics.[9] The Garrigues Abogados expert gives the use of elastane and polyester as an example: "They are often added to increase the functionality of fabrics and can act as a contaminant in almost all textile fibre recycling technologies, which has repercussions on the economic feasibility and environmental cost of the recycling process.” The EU proposes that firms prioritize the creation of monomaterial garments and minimalist designs, to guarantee the efficiency of classification and recycling technologies. It is also studying to establish a minimum of recycled fibres, something that is already beginning to be seen in the catalogue of the big brands, where organic, recycled or certified fibres are beginning to be the norm.
But garments are not only made up of fibres, during the manufacturing processes and, above all, during the washing and dyeing stage, chemical substances are often used to give them certain characteristics that, in certain amounts, can be dangerous. "Currently, and in accordance with the European REACH Regulation[10], all products, including textiles, are subject to the control of dangerous substances," says Paula Martí Torra, a public law lawyer at Roca Junyent[11], specialising in circular economy and the energy sector, who points out the responsibility of companies to ensure that their use is safe. "They must identify and manage the risks associated with substances that are manufactured and placed on the market in the European Union, demonstrating to the European Agency for Chemical Substances and Mixtures how the substance can be used safely and informing the risk management measures to the users”. Looking ahead to 2030, the EU encourages firms to mitigate or replace their use whenever possible and has committed to drafting a revision of the REACH Regulation, scheduled for the end of the year. “In addition, it has published a draft to restrict added microplastics[12]. The restriction would include synthetic polymer microparticles less than 5mm and fibre-like particles less than 15mm that are used in certain products and may cause an environmental release.”
What exactly happens to microplastics? These tiny particles that come off the fabrics have become one of the great challenges of the textile industry. According to data from the Ellen MacArthur Foundation, it is estimated that 35% of the leaks that end up in the ocean occur during the friction of washing. A problem that the EU intends to mitigate by promoting a series of guidelines focused on the domestic sphere, such as the use of filters for washing machines that could reduce up to 80% of the volume, the development of mild soaps, as well as a series of guidelines for the care of the clothes. In a more global aspect, as Martí Torra lists, "the Proposal for a Regulation on microplastics released unintentionally into the environment, which is expected to be approved between June and September of this year, establishes various measures focused on manufacturing processes, the prewashing in industrial manufacturing plants, labelling and promoting innovative materials”.
Redefine the concept of sustainability
The word sustainability has been losing its meaning in recent years: according to a study carried out by the EU, around 39% of sustainability declarations do not have data to certify it. "The Proposal for a Directive on the empowerment of consumers for the ecological transition seeks to modify the Directives on unfair commercial practices and on consumer rights to give rise to new requirements, especially in the case of textile products", explains the lawyer Cristina Mesa. "Conditions will be established for general environmental claims, such as 'ecological' or 'environmentally friendly', which will only be allowed if they are supported by excellent environmental performance and recognized by eco-labelling."
Along these lines, last March, the EU adopted the proposal for the Green Claims Directive[13] on green advertising claims, which will oblige firms to submit product life cycle analyses or third-party certifications. They must also be very specific, specifying whether it refers to a part, such as a fabric used of sustainable origin, or to the entire product. Although the Commission will present an updated list of all authorized sustainable labels, the state labels will disappear, in order to achieve a unitary and competitive market.
The objective is to offer consumers truthful and reliable information to involve them in this circular transition. Among the tools to achieve this, the experts applaud the incorporation of the Digital Product Passport, to which we will have access through a QR code: the entire history of the garment, from the origin of the fabrics or their place of manufacture, to recommendations for extend its use, repair it or recycle it, it will unfold before our eyes. “With this tool, the EU aims to provide with clear, structured and accessible information available to consumers and other economic agents on the environmental sustainability characteristics of products. In this way, it corrects multiple limitations such as the lack of visibility and credibility of sustainable companies and products or the detection of worrying substances that can have a great environmental impact”, points out the Garrigues expert. It also poses challenges, such as the collection of reliable information by all the agents in the chain, or the protection of personal or business data. Sandra Bravo is committed to blockchain technology – a chain technology that records the entire path of a garment in an unalterable way – to achieve traceability and “ensure a transparent and immutable record of information”.
Clothes with passport
With the aim of improving the traceability and transparency of fashion, all garments in 2030 will incorporate a Digital Passport
These codes are access to the entire history of the garment
F.l.t.r. User Manual – Impact – Traceability - Composition
Improve working conditions
It is no coincidence that Corporate Social Responsibility (CSR) has become a pillar of companies' business strategy in recent years: sustainability not only takes into account their impact on the environment, but also their contribution to society. By creating a Diligence Directive on corporate sustainability[14], the EU will force manufacturers to review their entire value chain in order to ensure that all the rights of their workers are being respected. The marketing in the EU of products manufactured through forced or child labour will also be prohibited. Initiatives such as the International Agreement for Health and Safety in the Textile and Clothing Industry[15] (also known as the International Accord), signed by more than 200 brands, to improve conditions in factories; or the audits of organisations such as Amfori or Sedex, which promote fair labour conditions, represent an important step to guarantee this positive traceability. What are the firms already doing? Some are committed to going one step beyond their business structure, promoting training and education programs in the countries where they work; others, promoting sponsorships or collaborations with organizations that share their ethical values.
For Contiac's fashion law expert, Sandra Bravo, another of the Green Pact's main objectives is the reduction of waste and the commitment to reuse and repairability: "The bases are being established so that the destruction of unsold products, therefore, producers and brands will have to comply with the transparency obligations set forth in the Regulation Proposal”. It is one of the most celebrated decisions of the Pact and will force large companies to make public the number of products they discard and their subsequent treatment in terms of preparation for reuse, recycling, incineration or deposit in landfills. The export of textile waste to other countries will not be allowed either. "Companies must establish mechanisms to avoid overproduction and look for alternatives, such as second-hand stores or initiatives focused on recycling or even social activities, point out from Contiac Abogados, who foresee a paradigm shift, where the service reward on the product. "It implies a transformation in the business models of fashion companies, which now will be convenient for them to think of new strategies that allow products to be given a second life and promote repair services."
Because the future of the garments we buy will be in the hands of both manufacturers and customers. "The Commission aims to propose harmonized EU rules on extended producer responsibility for textile products with the aim of creating an economy for collection, sorting, reuse and preparation for reuse and recycling, as well as incentives for that producers and brands guarantee that their products are designed respecting the principles of circularity”, says lawyer Cristina Mesa, about a concept that promises to change everything. In Spain, the fulfilment of the extended responsibility of the producer, included in the new Law of Residues and Contaminated Soils, has been the germ of the Association for the Management of Textile Residue[16]. A non-profit organisation that has brought together the firms Mango, Decathlon, H&M, Ikea, Inditex, Kiabi and Tendam, to manage all the textile and footwear waste generated in our country[17]. Because on the road to circular fashion, not only good deeds are needed, but agents of change.
S Moda, Hacia una moda circular y más sostenible: cómo se prepara Europa para alcanzar la neutralidad climática en la industria textil, in: El País, 23-06-2023, https://smoda.elpais.com/moda-futuro-accion/hacia-una-moda-circular-y-mas-sostenible-como-se-prepara-europa-para-alcanzar-la-neutralidad-climatica-en-la-industria-textil/
[1] Read also: https://www.tumblr.com/earaercircular/717649551729803264/climate-angels-should-wear-prada?source=share & https://www.tumblr.com/earaercircular/713844330016768000/what-will-the-textile-recycling-boom-be-like-in?source=share
[2] The proposal for a new Ecodesign for Sustainable Products Regulation, published on 30 March 2022, is the cornerstone of the Commission’s approach to more environmentally sustainable and circular products. The proposal builds on the existing Ecodesign Directive, which currently only covers energy-related products. https://commission.europa.eu/energy-climate-change-environment/standards-tools-and-labels/products-labelling-rules-and-requirements/sustainable-products/ecodesign-sustainable-products_en
[3] The EU Strategy for Sustainable and Circular Textiles addresses the production and consumption of textiles, whilst recognising the importance of the textiles sector. It implements the commitments of the European Green Deal, the Circular Economy Action Plan and the European industrial strategy. https://environment.ec.europa.eu/strategy/textiles-strategy_en
[4] The Garrigues Madrid office is also the corporate headquarters and registered office, and dates back to the foundation of the firm in 1941. Madrid’s importance as the seat of major Spanish and multinational companies demands a highly specialized and multidisciplinary team capable of combining outstanding client service that covers all angles of business law with the highest ethical standards. https://www.garrigues.com/en_GB/office/madrid
[5] Read also: https://www.tumblr.com/earaercircular/721717700267753472/as-of-last-saturday-on-textile-producers-in-the?source=share
[6] The proposed Directive sets out new minimum norms for how companies substantiate, communicate and verify their environmental claims to consumers in the EU. It also contains measures to control the increasing number of environmental labels and to ensure the reliability of existing labels. https://emearegulatorystrategy.deloitte.com/post/102ideq/understanding-the-proposed-eu-green-claims-directive#:~:text=The%20proposed%20Directive%20sets%20out,the%20reliability%20of%20existing%20labels.
[7] The EU Ecolabel on clothing and textile products offers a reliable way of identifying high performing environmentally friendly textile and footwear products that are available on the European market. https://environment.ec.europa.eu/topics/circular-economy/eu-ecolabel-home/product-groups-and-criteria/clothing-and-textiles_en
[8] https://www.contiac.com/home
[9] Read also: https://www.tumblr.com/earaercircular/709136729726140416/what-do-we-do-with-used-clothing-the-fashion?source=share & https://www.tumblr.com/earaercircular/721844882018320384/low-carbon-industry-these-companies-that-are?source=share
[10] Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) is a European Union regulation dating from 18 December 2006.[1] REACH addresses the production and use of chemical substances, and their potential impacts on both human health and the environment. Its 849 pages took seven years to pass, and it has been described as the most complex legislation in the Union's history[2] and the most important in 20 years.[3] It is the strictest law to date regulating chemical substances and will affect industries throughout the world.[4] REACH entered into force on 1 June 2007, with a phased implementation over the next decade. The regulation also established the European Chemicals Agency, which manages the technical, scientific and administrative aspects of REACH. https://echa.europa.eu/regulations/reach/understanding-reach
[11] https://www.rocajunyent.com/en
[12] Read also: https://www.tumblr.com/earaercircular/720935563331502080/plastic-5-initiatives-to-fight-pollution?source=share
[13] Read alsop: https://www.tumblr.com/earaercircular/712601625867567104/only-really-green-can-be-called-green?source=share
[14] What is the CSDDD? If adopted, the European Commission's proposal for a Corporate Sustainability Due Diligence Directive (CSDDD) would require companies to establish due diligence procedures to address adverse impacts of their actions on human rights and the environment, including along their value chains worldwide. https://www.ebu.ch/case-studies/open/legal-policy/the-future-of-eu-sustainability-regulation-ii-the-corporate-sustainability-due-diligence-directive-csddd#:~:text=What%20is%20the%20CSDDD%3F,along%20their%20value%20chains%20worldwide.
[15] With this agreement, signatories committed to continue supporting workplace safety programs in Bangladesh through the RSC and to establish workplace safety programs in other countries according to the outcome of feasibility studies. The 2021 International Accord contains the same components that underpinned the success of the earlier Accords, including respect for freedom of association, independent administration and implementation, a high level of transparency, provisions to ensure remediation is financially feasible, Safety Committee training and worker awareness program, and an independent complaints mechanism. https://internationalaccord.org/about-us/
[16] Decathlon, H&M, IKEA, Inditex, Kiabi, Mango and Tendam create an association for the collective management of textile waste in Spain. https://www.tendam.es/decathlon-hm-ikea-inditex-kiabi-mango-and-tendam-create-an-association-for-the-collective-management-of-textile-waste-in-spain/?lang=en
[17] Read also: https://www.tumblr.com/earaercircular/713844330016768000/what-will-the-textile-recycling-boom-be-like-in?source=share
