EU Ban on the Destruction of Unsold Apparel and Footwear
ENFORCEMENT TIMELINE
Applicable to large companies from July 19, 2026 (extended to medium-sized companies from 2030)
Overview
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).
Enforcement Timeline
July 18, 2024: The Ecodesign for Sustainable Products Regulation (ESPR) enters into force.
February 9, 2026: The European Commission adopts Delegated Regulation (EU) 2026/296, setting out derogations from the destruction ban (applicable from July 19, 2026).
July 19, 2026: The ban on destroying unsold clothing and footwear starts to apply to large enterprises (enterprises that are not SMEs as defined in Commission Recommendation 2003/361/EC).
February 2027: A standardized reporting format for the annual disclosure of detailed data on destroyed unsold products (quantity, weight, reason for disposal, and alternative measures taken) becomes applicable.
July 19, 2030: The destruction ban and the disclosure obligation extend to medium-sized enterprises (as defined in that Recommendation); micro and small enterprises are excluded.
Business Impact
Global apparel, footwear, and accessories brands: Japanese brands selling apparel and footwear in the EU — from fast fashion to luxury — that are large enterprises are, in principle, no longer able to destroy unsold inventory (subject to the derogations in Delegated Regulation (EU) 2026/296; medium-sized enterprises from July 19, 2030; micro and small enterprises are exempt). To comply, companies need production plans that limit unsold stock, together with routes that do not amount to destruction, such as repair, resale (secondhand) and handing goods over to prepare them for reuse.
Data tracking and disclosure obligations: Under Article 24, enterprises must disclose each year the number and weight of discarded unsold products, the reasons, the share sent to reuse, recycling and other treatment, and the prevention measures taken (micro and small enterprises are exempt; medium-sized enterprises from July 19, 2030). The details and format are set in an implementing act, and the European Commission has announced that the standardised format applies from February 2027. Penalties for infringements are set by the Member States (Article 74 ESPR).