In February 2026, the European Commission has defined the measures under the Ecodesign for Sustainable Products Regulation (ESPR) to ban the destruction of unsold textiles, specifically clothing, accessories, and footwear. These are the first implementing and delegating acts published under the new Regulation.
Ban on destruction of unsold products: applications and derogations
When a product has been made available on the EU market – namely, distributed on the EU market – but has not been sold, it is considered an unsold consumer product. Article 25 of the ESPR prohibits the destruction of certain unsold consumer products from 19 July 2026. The consumer products subject to this destruction ban are apparel, clothing accessories, and footwear. The obligations apply to the economic operator that discards a textile product which consequently result into waste.
In specific cases, destroying an unsold product is allowed
When duly justified and appropriate, there are derogations to these obligations. As defined in the last Commission Delegated Regulation, the circumstances under which an operator can destroy an unsold product when this:
- is dangerous;
- is unfit for purpose because it is not compliant or because defective and repair is not possible technically;
- infringes intellectual property rights;
- is subject to a valid and enforceable licence or similar contractual requirement protecting intellectual property rights;
- is unsuitable for preparing for reuse or remanufacturing;
- can reasonably be considered unacceptable for consumers use due to damages;
- has been donated and was not accepted for donation (donation is possible only when the above circumstances are not applicable);
- was received by a social economy entity located within the Union as a donation, but no recipient could be found for it;
- was made available on the market after being prepared for reuse by a waste treatment operator, but no recipient could be found for it.
Importantly, economic operators shall keep the product’s documentation for verification of compliance at disposal of authority.
Disclosure of information on discarded unsold consumer products
Economic operators that discard any unsold consumer products or have unsold consumer products discarded on their behalf shall disclose the following information:
- number and weight of unsold consumer products discarded per year, divided by type or category of products;
- reasons for discarding products, and where applicable, the relevant derogation;
- proportion of discarded products to undergo preparing for reuse, recycling, or other recovery operations;
- measures taken and planned to prevent the destruction of unsold consumer products.
In the latest Implementing Regulation on these provisions, the Commission provides details and format for the disclosure of information on discarded unsold consumer products. The accompanying Annex provides the exact format, the list of CN codes for products, and verification measures on the application of these obligations.
The rules on disclosure already apply to large companies, while they will apply to medium-sized companies in 2030.
For any questions on sustainability regulations, contact us here or at prodlaw@obelis.net.
References:
Eur.Lex (2024). Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products, amending Directive (EU) 2020/1828 and Regulation (EU) 2023/1542 and repealing Directive 2009/125/EC. Retrieved on 18/02/2026.
European Commission (2026). Commission Delegated Regulation setting out derogations from the prohibition of destruction of unsold consumer products. Retrieved on 18/02/2026.
European Commission (2026). Commission Implementing Regulation on the details and format for the disclosure of information on discarded unsold consumer products. Retrieved on 18/02/2026.
European Commission (2026). Ecodesign for Sustainable Products Regulation (ESPR) – Frequently Asked Questions. Retrieved on 18/02/2026.
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