Large enterprises selling apparel, clothing accessories, or footwear in the EU hit a hard compliance deadline on 19 July 2026. From that date, the Ecodesign for Sustainable Products Regulation (ESPR) - the EU framework law governing product durability, repairability, and transparency - prohibits them from destroying unsold consumer goods in these categories.
This is one of the first horizontal obligations under ESPR to bite in practice, ahead of any product-specific ecodesign rules. Here's what changes on the 19th, what's exempt, and what's still unconfirmed.
Large enterprises are banned from destroying unsold consumer products listed in Annex VII - apparel, clothing accessories, and footwear - under Article 25 of ESPR.
Under ESPR's definition, this ban isn't limited to landfill or incineration. Recycling unsold goods also counts as “destruction” unless one of the permitted derogations applies. That's a distinction brands need to build into their unsold-goods process now, not after the fact.
Where a derogation applies, the waste hierarchy still governs what happens next. Using one of the ten derogations doesn't mean anything goes. The Delegated Regulation requires that destruction be carried out in line with the EU's waste hierarchy, which means recycling has to be prioritised over other recovery operations (including energy recovery) and over disposal. In practice: even a legitimately destroyed batch of unsold stock should go to recycling before it goes to landfill or incineration.
Micro and small enterprises are exempt from the destruction ban entirely. Medium-sized enterprises are exempt until 19 July 2030, when the same prohibition extends to them. Large enterprises have no phase-in: the obligation applies in full from 19 July 2026.
The EU Digital Product Passport (DPP) Registry framework is required to go live on 19 July 2026, but its implementing regulation was still in draft or pre-final form as of the latest internal review. Brands should treat any specific claim about registry functionality on this date as unconfirmed until verified directly against the published EU legal text.
This is separate from the disclosure obligation under Article 24, which requires large enterprises to report what they discarded and why. That reporting duty has applied in free-text form since the first full financial year after ESPR's entry into force; a standardised format only becomes mandatory from 2 March 2027.
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No. As of 19 July 2026, the ban applies specifically to unsold apparel, clothing accessories, and footwear listed in Annex VII, and only to large enterprises. Other product categories will get their own rules through future product-specific delegated acts.
Only if a derogation applies. ESPR treats recycling of unsold goods as a form of destruction unless one of the ten defined exceptions - such as safety concerns, IP infringement, or unrepairable damage - covers the situation.
Medium-sized enterprises have until 19 July 2030 before the destruction ban applies to them. Micro and small enterprises are exempt from this obligation entirely.
TrusTrace helps brands turn unsold-goods obligations into a manageable, auditable process, from tracking destruction and disposition decisions to preparing the disclosures ESPR requires. Check out our Solution page or Speak with one of our experts.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Please consult legal professionals for guidance specific to your situation.