Scope of the EU Ecodesign for Sustainable Products Regulation (ESPR), Article 5 Requirement Parameters, and the Framework for the Ban on Destroying Unsold Goods
ENFORCEMENT TIMELINE
In force since July 18, 2024 (the ban on destroying unsold goods applies in stages from July 19, 2026 / July 19, 2030, depending on company size)
Overview
This card focuses on the core framework provisions of the EU Ecodesign for Sustainable Products Regulation (Regulation (EU) 2024/1781, ESPR): its "scope of application (nearly all physical products)," the "core ecodesign requirement parameters (Article 5)," and the "ban on destroying unsold consumer goods (Article 25)."
Where the previous Ecodesign Directive (Directive 2009/125/EC) covered only energy-related products, the ESPR substantially expands the scope to nearly all physical products (including components and intermediate products), with exceptions for food, feed, medicinal products, and living organisms. The Regulation itself does not set specific requirement levels for individual products; obligations arise in stages as the European Commission adopts delegated acts for each product category. The core parameters covered by ecodesign requirements span a wide range: durability, reliability, reusability, upgradability, reparability, the presence of substances of concern, energy/water/resource use efficiency, recycled content, the possibility of remanufacturing/recycling/material recovery, environmental footprint, and expected waste generation. The Regulation also sets out, without waiting for a delegated act, a ban on destroying unsold apparel, clothing accessories and footwear, which under Article 25(1) has applied since July 19, 2026 (it does not apply to micro and small enterprises, and applies to medium-sized enterprises from July 19, 2030).
Enforcement Timeline
July 18, 2024: The ESPR (Regulation (EU) 2024/1781) enters into force.
February 9, 2026: The European Commission adopts a delegated regulation setting out the grounds for exemption from the destruction ban, together with an implementing regulation establishing a standardised disclosure format.
July 19, 2026: The ban on destroying unsold apparel, clothing accessories and footwear starts to apply to large enterprises (enterprises that are not SMEs as defined in Commission Recommendation 2003/361/EC).
February 2027: The implementing regulation setting the details and format for disclosing information on discarded unsold products starts to apply. The disclosure obligation under Article 24 ESPR already applies to large enterprises (European Commission).
July 19, 2030: The destruction ban and the disclosure obligation also apply to medium-sized enterprises (as defined in that Recommendation). Micro and small enterprises are exempt.
Related Regulations / Topics
EU Ban on the Destruction of Unsold Apparel and Footwear
As a key sector-specific measure under the Ecodesign for Sustainable Products Regulation (ESPR), the EU has introduced a rule that, in principle, bans the destruction of unsold apparel, clothing accessories, and footwear. Large companies are subject to this rule starting July 19, 2026. Under this destruction ban, fashion companies and retailers are, in principle, prohibited from discarding unsold inventory (subject to the derogations set out in Delegated Regulation (EU) 2026/296). "Destruction" does not cover handing a product over solely to prepare it for reuse, including refurbishment or remanufacturing. Under Article 24, enterprises (other than micro and small enterprises) that discard unsold consumer products must also disclose each year the number and weight of the products discarded, the reasons, the share sent to reuse, recycling and other treatment, and the measures taken to prevent it (for medium-sized enterprises, from July 19, 2030).
EU Ecodesign Directive (2009/125/EC)
This is the historic framework directive that required energy efficiency and energy-saving compliance labeling (such as the CE mark) for energy-related products (ErP). With the adoption of the newer ESPR (Ecodesign for Sustainable Products Regulation), this directive is being progressively superseded as the overarching framework. However, the individual product-specific implementing regulations currently in force under it (covering air conditioners, lighting, smartphones, and other categories) continue to remain valid under the Ecodesign Directive until they are replaced by new delegated acts under the ESPR.
Business Impact
Businesses selling products on the EU market need to continuously monitor which delegated acts may come to apply to the product categories they handle. Apparel and footwear businesses in particular need to accurately track the different application timelines based on company size (as defined for SMEs), establish disposal pathways for unsold inventory other than destruction (donation, resale, recycling, upcycling, etc.), and build a reporting process aligned with the standardised disclosure format set by the European Commission.
More broadly, product design departments will need to shift toward a design philosophy that accounts for the parameters listed in Article 5, such as durability, reparability, and recycled content. Because the ESPR is a regulation that progressively expands its covered products and requirement levels through delegated acts, closely monitoring discussions at industry associations and the Ecodesign Forum, and identifying early when one's own product category is included in a priority implementation plan, helps smooth out compliance costs over time.