The Council of the European Union has published a Commission Delegated Regulation that sets out specific exceptions to the EU's general prohibition on destroying unsold apparel and footwear, as part of implementing the Ecodesign for Sustainable Products Regulation (ESPR). The regulation, issued on 2 October 2026, defines justified derogations for health and safety reasons, irreparable damage, or infringement of intellectual property rights, and requires businesses to provide evidence and inform waste operators when destroying such products. This move aims to balance waste prevention with practical business needs, impacting EU producers, retailers, and waste management operators.
Document details
The cover note, published by the Council, outlines the delegated regulation's scope and conditions. It falls under the EU's environment, circular economy, and internal market policy areas, targeting waste prevention and sustainable production. The regulation is legally binding once adopted, with concrete requirements for businesses to document and justify destruction.
Policy orientations and trade-offs
The regulation introduces a cleavage between environmental protection and business competitiveness. On one hand, it supports circular economy goals by limiting unnecessary waste; on the other, it allows destruction in specific cases, potentially reducing compliance costs for companies facing genuine obstacles. The trade-off is moderate: while the ban reduces waste, exceptions may permit some continued destruction, albeit under stricter oversight.
Impact on stakeholders
- EU apparel and footwear producers: Moderate positive impact due to clarity on allowed exceptions, reducing legal uncertainty. However, they face administrative burden to document and justify destruction.
- EU retailers: Moderate negative impact from compliance costs and potential reputational risk if destruction is perceived negatively.
- Waste management operators: Minor positive impact as they receive better information on destroyed goods, aiding recycling or disposal.
- EU consumers and civil society: Minor positive impact from reduced waste, though exceptions may be seen as loopholes.
Expected institutional follow-up
The regulation will be formally adopted by the Commission and then subject to scrutiny by the European Parliament and Council. Once in force, member states must ensure enforcement, and the Commission may issue further guidance. No immediate next steps are specified, but stakeholders can expect implementation within the usual timeline for delegated acts.