The ESPR is entering its most concrete phase: large enterprises are no longer allowed to destroy unsold clothing, accessories and footwear. Here is what is changing, which companies are affected and which exemptions remain available.
From 19 July 2026, large enterprises operating in the EU may no longer destroy unsold clothing, accessories and footwear. It is the first concrete measure of the ESPR, the regulation redrawing the ecodesign of European products, and concerns
economic operators producing, importing, distributing or marketing such products in the EU market.’
For decades, destroying unsold stock has been a simpler, and often cheaper, solution for the fashion industry than managing it.
The regulatory framework
The ESPR (Ecodesign for Sustainable Products Regulation) has been in force since 18 July 2024 and replaces the previous Ecodesign Directive of 2009, expanding its scope well beyond energy products. It introduces two distinct mechanisms:
- Article 24: an obligation to publish annual information on unsold consumer products that have been discarded, including their quantities, the reasons for disposal and their subsequent destination.
- Article 25: the possibility of prohibiting the destruction of specific categories of unsold consumer products.
In February 2026, the European Commission adopted two implementing measures: a delegated act defining the applicable exemptions and an implementing act establishing the reporting format.
Together, these measures make the prohibition on the destruction of unsold clothing and footwear operational.
What changes, and when
Instead of disposal, companies must give priority, in order, to: resale or donation; repair or refurbishment; remanufacturing into new products.
Definition. Destruction means the intentional disposal or damaging of a product that has never been used for its intended purpose. This includes incineration and, in certain circumstances, recycling through shredding or dismantling.
Permitted exemptions and related obligations
The prohibition is not absolute. The delegated act adopted in February 2026 permits destruction in certain circumstances, including:
- products that are hazardous or do not comply with applicable safety requirements;
- products that have been irreversibly damaged during transport or storage.
Any company relying on an exemption must be able to document the conditions justifying its application and ensure the traceability of the product’s subsequent management as waste. The traceability of the decision is therefore an integral part of the process, not a secondary administrative requirement.
The standardised reporting format will apply from February 2027. However, large enterprises are already required to collect the relevant data from the first financial year following the entry into force of the ESPR. The timeframe available to organise internal processes is therefore narrower than it may initially appear.
The environmental impact of destroying unsold products
According to the European Environment Agency (EEA), between 4% and 9% of all textiles placed on the EU market are destroyed before use: 264,000-594,000 tonnes per year.
- Average return rate for online clothing: 20%, of which about a third ends up destroyed.
- Average share of unsold: 21% of the stock, of which approximately one fifth is destroyed.
- Estimated climate impact: up to 5.6 million tonnes CO2eq/year, over a million petrol cars in a year.
Textiles are the first category involved: the ESPR allows the Commission to extend the same principle to other sectors.
Our support
Companies that adapt early will not simply reduce the risk of penalties. They will have the opportunity to rethink the management of inventories, returns and supply chains from a circular perspective an increasingly important competitive factor as consumers and markets pay greater attention to product sustainability.
This regulatory change directly affects many of the processes we manage every day alongside our clients: from technical documentation and compliance management to regulatory monitoring and support in applying sector-specific standards.
Companies assessing how to adapt to this new framework can contact us for a dedicated evaluation.