Regulation on Ecodesign Requirements for Sustainable Products (ESPR): Derogations from the Prohibition of the Destruction of Unsold Products

According to the Regulation (EU) 2024/1781 (ESPR), the destruction of the products listed in Annex VII of the ESPR is prohibited. On 9^th February 2026, the EU Commission adopted a Delegated Act specifying the destruction ban. The aim is to ensure sustainability and prevent the unnecessary destruction of goods, while allowing destruction in well-justified cases.

What does the ban on the destruction of unsold textiles under Art. 25 ESPR regulate?

Art. 25 (1) sentence 1 ESPR establishes a prohibition on the destruction of specified unsold consumer products – namely clothing, clothing accessories, and footwear listed in Annex VII – provided that those products have been placed on the Union market and are primarily intended for consumers. “Unsold” includes, in particular, excess stock, dead stock, and returned goods from customers due to revocation, while products that have been definitively sold are not covered.  

Who is affected by the prohibition of destruction? 

The ban is essentially aimed at economic operators within the meaning of the ESPR (e.g., manufacturers, importers, distributors).

When does the prohibition on destruction take effect?

The general prohibition will apply from 19^th July 2026, and for medium-sized companies from 19^th July 2030.

What is the purpose of the Delegated Act?

The Delegated Act (C(2026) 659 final) supplements the ESPR by specifying exceptions (derogations) from the prohibition on destroying unsold consumer products, especially focusing on apparel, clothing accessories, and footwear. 

Under what circumstances may unsold consumer products still be destroyed?

According to the Delegated Act, destruction is allowed in specific cases, including:

• The product is dangerous as per the General Product Safety Regulation.
• It is non-compliant with Union or national law, and destruction is required by law or proportionate.
• Intellectual property rights are infringed, supported by proper substantiation, e.g. court decision or alternative dispute resolution (ADR) outcome.
• Contractual intellectual property restrictions prevent sale after a certain period, and destruction is justified.
• It’s technically unfeasible to reuse/remanufacture due to protected or inappropriate labels/design features.
• The product is damaged or contaminated and cannot be repaired/refurbished cost-effectively or technically.
• The product is unfit for its intended purpose and cannot be repaired due to design/manufacturing defects.
• Donation efforts have been unsuccessful after the products were offered to at least three suitable entities or made available via the operator’s website for a minimum period of eight weeks.
• Social economy entities received the product as a donation but could not find a recipient.
• The product was prepared for reuse by a waste treatment operator but remained unsold on the market.

What documentation is required to justify destruction?

Economic operators must keep evidence for five years to justify the application of a derogation, such as test reports, inspection records, donation offers, or substantiated intellectual property claims, depending on the specific derogation claimed.

What information obligations exist towards waste treatment operators?

When delivering products for destruction under these derogations, the economic operator must provide a statement specifying the applicable derogation to the waste treatment operator.

What is the review mechanism for the regulation?

The European Commission must review the Delegated Act whenever a new product is added to Annex VII or in light of technological or scientific developments, and at least every five years after entry into force.

When does the Delegated Act enter into force?

It applies from 19^th July 2026 – the same date as the prohibition on destruction enters into force – and will be binding in all EU Member States.