News Details

On 9 February 2026, the European Commission adopted a delegated act under the Ecodesign for Sustainable Products Regulation (ESPR) setting out derogations from the prohibition on destroying unsold consumer goods.

The ESPR addresses the environmental issue of destroying unsold consumer goods, particularly textiles, and requires businesses to take measures to prevent such practices. It bans the destruction of unsold apparel and footwear, with limited derogations for specific cases such as safety, damage, or environmental considerations.

The ESPR which became effective on 19 July 2024, supports the EU’s Green Deal and Circular Economy Action Plan by ensuring products become more sustainable. It also contributes to the EU’s goal of leading the circular economy by 2030. The regulation ensures transparency, aligns with waste laws, and establishes harmonized EU-wide rules under Article 114 TFEU.

Consultations Prior to the Adoption of the Act

This delegated act is based on a supporting study assessing derogations to the ESPR ban on destroying unsold apparel and footwear. The study relied on stakeholder input, including surveys, workshops, and interviews with industry, NGOs, and Member States. It evaluated the applicability, implementation, and economic impacts of the derogations.

Findings showed that while derogations create minor administrative costs, mainly related to justification and documentation, these are limited compared to having no flexibility. Existing compliance systems under regulations such as REACH and product safety laws help minimize the additional burden.

The study highlighted that transparency obligations under the ESPR already require tracking the reasons for product destruction, supporting effective implementation. Over time, derogations may contribute to improved product quality and internal quality assurance.

Stakeholder feedback generally supported the approach but led to refinements. Some derogations were adjusted such as those related to donation, others were strengthened including quality checks for damaged goods, and some were excluded (e.g., environmental impact justification). Overall, the act seeks to balance environmental goals with practical business considerations.

Legal Elements of the Delegated Act

The delegated act is based on Article 25(5) of Regulation (EU) 2024/1781, which grants the Commission the power to define derogations from the ban on destroying unsold consumer products.

It establishes key provisions, including definitions (Article 1) and specific derogations (Article 2). It also requires economic operators to provide evidence justifying product destruction (Article 3) and to share relevant information with waste treatment operators (Article 4). Additionally, it includes a review clause to assess effectiveness (Article 5) and sets out the timeline for entry into force and application of the act (Article 6).

The act will enter into force 20 days after publication in the Official Journal and will apply from 19 July 2026.