We may run out of second-hand shops in Romania

The Ministry of Environment, in collaboration with the Ministry of Economy, has initiated a draft Emergency Ordinance that could impose much stricter rules on imports of reusable products, including textiles.

Although the intention behind this project is laudable (strict regulation of waste – Romania is not a landfill), however, representatives of the “reuse industry” claim that the proposed text introduces excessive obligations and uncorrelated with the reality on the ground – things that could seriously affect the functioning of the sector.

Since the publication of the draft text of the EGO of the Ministry of Environment, the online petition initiated by the Romanian Association for Textile Reuse and Recycling (ARETEX) called „Sign so you can buy second-hand clothes” has collected almost 6,000 signatures.

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In a response sent to Mediafax’s request, Zoltan Gündisch, president of ARETEX (Romanian Association for Textile Reuse and Recycling), details the main problems of the project, which is to enter into public debate on April 16.

„Disproportionate” obligations compared to the rest of the EU

According to ARETEX, the project introduces a set of administrative requirements that are not found in other European Union member states.

Among these are: individual labeling of each product, prior approvals for activities, complex traceability requirements, limitations on transport, sanctions considered excessive.

According to ARETEX, these measures are not justified by real demonstrated risks and go beyond the European framework.

Confusion between products and waste

One of the most criticized aspects is the way the project treats second-hand products.

ARETEX draws attention to the fact that reusable items are treated as potentially dangerous (easily classified as „waste”), and moreover, that there is a risk that they will be considered waste only with the passage of time.

This approach contradicts, according to the organization, the principles of the circular economy and European legislation in the field.

“Moreover, the draft creates a major confusion between products and waste and ends up treating reusable items as potentially hazardous or even turning them into waste simply by the passage of time, which directly contradicts the principles of the circular economy and European legislation.

ARETEX supports the legitimate objective of combating illegal waste imports, but we believe that the solution is not to block an entire legally operating industry, but rather targeted interventions, based on real risk and effective controls,” says Zoltan Gündisch.

Labeling impossible to apply in practice

The draft GEO provides for labeling obligations that include information such as the exact composition of materials and the specification of additives used by the manufacturer, information that is not available in the case of second-hand products.

Operators have no real possibility of determining them.

Furthermore, the obligation is extended to the wholesale trade, where products are handled in bales or bags and processed in very large volumes, which makes individual labelling operationally impossible.

“The draft introduces a series of requirements that are difficult or impossible to apply in practice. For example, labelling obligations are foreseen that would require the inclusion of information such as the exact composition or additives used by the manufacturer. Unlike the production of new clothes, in the case of second-hand products this information is not available, and operators who prepare the items for reuse have no way of determining it.

Labels already exist at the retail level, i.e. in stores, but the draft extends this requirement to the wholesale trade, where products are transported in bales or bags. Under these conditions, individual labelling becomes operationally impossible, especially in the case of sorting units that process tens of tons of textiles daily,” says Zoltan Gündisch.

Additional processing requirements: costs and bottlenecks

Other criticized provisions concern the treatment of products: washing and ironing of each item, sorting by composition and color.

In this regard, ARETEX argues that these measures are not used in the reuse sector, that they would make the economic model unprofitable and that there is no evidence of real risks to public health.

Moreover, currently, legislation already requires sorting and sanitizing products before marketing.

Logistical restrictions and chain effects

The project also introduces limitations on imports, which could only be carried out during the ANPC’s operating hours.

According to Gündisch, the consequences could translate into longer waiting times at the border, additional costs for operators, and increased final prices.

In this context, second-hand products could become less attractive compared to new fast-fashion items, which would reduce the reuse of textiles, i.e. the effect would be exactly the opposite of what the draft GEO proposes.

Control instruments already exist, the industry claims

ARETEX believes that the problem of illegal imports can be managed without generalized restrictions, and, in this regard, the e-Transport system is invoked, which allows monitoring of quantities, identification of operators and carrying out targeted controls based on risk.

Risk of infringement at European level

The organization also warns of the possibility of triggering infringement procedures against Romania by the EU, and the arguments are additional administrative and trade barriers, restrictions on the free movement of goods and the introduction of non-harmonized technical standards at European level.

The unilateral adoption of such measures could create distortions in the single market.

What ARETEX proposes

At the public debate on April 16, ARETEX will propose a series of specific changes, including: eliminating unenforceable requirements, moving to documentation at batch level, not per individual product, eliminating the obligation to provide unavailable information (composition, additives, manufacturer), clear semantic separation between reusable products and waste, replacing excessive sanctions with a proportionate framework:

„A balanced regulation is needed”

Commendable in intention, the draft GEO proposed by the Ministry of Environment has, in the opinion of representatives of the reuse industry, flaws that could affect the entire sector.

„A balanced regulation, built together with the industry, is needed to combat fraud without affecting a sector essential for the circular economy, jobs and the population’s access to affordable products,” says Zoltan Gündisch, president of ARETEX.

As a reminder, the draft GEO of the Ministry of Environment regarding reusable products is in public debate on April 16.