New EU rules to prevent the destruction of unsold textiles

On 9 February 2026, the European Commission adopted new measures under the Ecodesign for Sustainable Products Regulation (ESPR) to prevent the destruction of unsold apparel, clothing accessories and footwear, including additional detail on mandatory disclosures. The rules will apply from 19 July 2026 and aim to reduce the practice of textiles being destroyed before they are sold and worn.

Background

The ESPR - which entered into force on 19 July 2024 - introduced two key measures: a prohibition on the destruction of unsold apparel, clothing accessories and footwear, and mandatory disclosure requirements for unsold consumer products that are discarded. The Delegated Regulation and Implementing Regulation adopted on 9 February 2026 provide the detailed rules necessary for businesses to comply with these obligations.

The Destruction Ban and Permitted Derogations

From 19 July 2026, large companies will be prohibited from destroying unsold apparel, clothing, accessories and footwear. The Delegated Regulation outlines specific circumstances where destruction will be permitted, including (but not limited to) if a product:

• Is "dangerous" within the meaning of the General Product Safety Regulation 2023/988;
• Is subject to a valid licence restricting sale or distribution after a specified date, where that date has passed;
• Is unsuitable for preparing for reuse or remanufacturing because it is technically unfeasible to remove labels, logos, or design characteristics protected by intellectual property rights or considered "inappropriate" ;
• Is unacceptable for consumer use due to damage, deterioration or contamination occurring during handling, transport, retail, storage or consumer returns (where repair or refurbishment is not technically feasible or cost-effective);
• Is unfit for purpose due to design or manufacturing defects (that cannot be repaired); or
• Was offered for donation either directly to at least three suitable social economy entities within the EU, or publicly on the company's website for at least eight weeks, and was not accepted.

Standardised Disclosure Requirements

The Implementing Regulation introduces a standardised format for the disclosure of information on discarded unsold consumer products. From February 2027, companies must report:

• The relevant Combined Nomenclature (CN) code for each product category;
• The number and weight of product units discarded;
• The reasons for discarding;
• The proportion of products undergoing preparation for reuse, recycling, other recovery, or disposal; and
• Measures taken and planned to prevent the destruction of unsold goods.

Companies subject to sustainability reporting under Article 19a or 29a of the Accounting Directive (2013/34/EU) may include this information in their management report rather than disclosing it separately on their website, provided they include a clear reference to where the information can be found.

Application Timeline

Micro and small enterprises are exempt from both the disclosure obligations and the destruction ban.

Existing Frameworks

These measures complement other new rules for textiles introduced in the EU. For example, the revised Waste Framework Directive, which entered into force on 16 October 2025 and requires all Member States to establish mandatory Extended Producer Responsibility (EPR) schemes for textiles and footwear within 30 months of transposition. EPR fees will be eco-modulated based on the sustainability criteria developed under the ESPR. This creates a direct financial incentive for producers to design more circular products. Countries that already have textile EPR schemes in place will be expected to update them to fit the Directive, including for example France, which has had a textiles EPR scheme in place since 2007.

The ESPR is also included in the framework for Digital Product Passports (DPPs), which will provide detailed sustainability information about products throughout their lifecycle. Whilst the specific requirements for textile DPPs are yet to be adopted through delegated acts, businesses should anticipate that DPPs will become mandatory for textile products in due course, requiring significant investment in data collection, management and disclosure systems. The DPP framework is designed to work in parallel with the destruction ban and EPR schemes, enabling better tracking of products and materials through the value chain.

In some jurisdictions, such as France, national legislation already exists restricting the destruction of unsold non-food goods (including textiles).

Practical Implications

If not already, retailers and fashion brands may want to consider conducting a review of current stock management and returns handling procedures in the EU. The prohibition on destruction (combined with stringent documentation requirements) will require businesses to develop robust alternatives, including:

• Enhanced forecasting and inventory management to reduce overstock;
• Improved quality assessment and sorting procedures for returned goods;
• Partnerships with donation programmes; and
• Greater investment in repair and refurbishment capabilities.

Companies may also wish to review existing supplier and licensing agreements and existing data capture capabilities to ensure consistency with the new regime. Failure to comply with the ESPR requirements may expose businesses to significant penalties (determined at Member State level).

Conclusion

The new rules represent a significant step in the EU's efforts to promote circularity and reduce waste in the textile sector. Businesses with high return rates (particularly those with significant online sales) may face substantial operational and cost challenges to be fully compliant.

Looking ahead, the ESPR empowers the European Commission to extend the prohibition to additional product categories through further delegated acts. This means businesses across multiple sectors should anticipate similar restrictions being introduced for their products in the coming years.

UK:

While there is currently no UK prohibition on destroying unsold apparel or footwear, and no dedicated textile EPR scheme in force, a Circular Economy Growth Plan for England is expected to be published in early 2026 which may set out future plans in this regard. However, the regulatory direction in the EU may create indirect pressure on UK-only retailers.