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Every year in Europe, an estimated 4–9% of unsold textiles are destroyed before being worn. According to the European Commission, this waste generates around 5.6 million tonnes of Co2 emissions.
The EU's Ecodesign for Sustainable Products Regulation (ESPR) entered into force in July 2024 and aims to significantly improve the sustainability of products placed on the EU market by improving their circularity, energy performance, recyclability and durability. It requires companies to disclose information on the unsold consumer products they discard as waste. It also introduces a ban on the destruction of unsold apparel, clothing accessories and footwear. This was in response to consumers' concerns about textile waste.
The European Commission has now adopted new measures under the ESPR which aim to prevent the destruction of unsold apparel, clothing accessories and footwear. Instead of discarding stock, companies are encouraged to manage their stock more effectively, handle returns, and explore alternatives such as resale, remanufacturing, donations, or reuse.
The new measures will support businesses to comply with the requirements regarding the destruction of unsold textiles under the ESPR. They clarify under which circumstances the destruction will be permitted:
- The product is dangerous;
- The product does not comply with EU or national law;
- The product infringes intellectual property rights or a product's distribution would, eg counterfeit products;
- The product is unacceptable for consumer use due to damage, including physical damage, deterioration or contamination, including hygiene issues;
- The product is unfit for purpose; or
- The product cannot be donated to a social economy entity in the EU or transferred to a waste treatment operator.
They also introduce a standardised format for businesses to disclose the volumes of unsold consumer goods they discard. This new format will apply from February 2027 to give businesses time to prepare.
The ban on destruction will apply to large companies from 19 July 2026 and medium-sized companies are expected to follow in July 2030. Micro and small companies are exempt. The rules on disclosure under ESPR already apply to large companies and will also apply to medium-sized companies in 2030.
The ESPR provides that member states set out the penalties for companies which don't comply, and such penalties have to be "effective, proportionate and dissuasive". The consequences might include fines, product recalls, exclusion from public procurement and reputational damage.
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