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Derogations to the prohibition of the destruction of unsold Apparel and Footwear

Environment

The Ecodesign for Sustainable Products Regulation (ESPR) identifies the destruction of unsold products as an environmental problem and prohibits the destruction of unsold apparel, clothing accessories and footwear. To ensure the measure is proportionate, it addresses cases where such products cannot be used and have to be delivered to recycling or other waste treatment operations. The Regulation provides for setting out derogations under which destruction may still be permitted. This initiative aims to specify those derogations.

Links

Public consultation

ID: 14591

Lobbying Activity

37 responses

Environmental groups demand stricter limits on textile destruction loopholes

European Environmental Bureau, 11 Aug 2025

The organization urges deletion of several proposed derogations that would allow companies to destroy usable products. They want derogations limited to cases where reuse is truly impossible and call for explicit waste hierarchy compliance requirements.
This would strengthen environmental protections and reduce textile waste from overproduction.
Fashion companies lose flexibility to dispose of excess inventory and unsold stock.

EuroCommerce seeks clarity on unsold goods disclosure rules

EuroCommerce, 31 Jul 2025

The organization requests clearer obligations for different economic operators, a master list of product categories using Combined Nomenclature codes, and separation of 'unknown' treatment from 'destruction' in reporting. They argue responsibility should link to ownership at discarding decision.
This would reduce administrative burden and provide legal certainty for compliance.

DIGITALEUROPE urges broader exemptions for destroying unsold products

DIGITALEUROPE, 31 Jul 2025

The organization proposes expanding exemptions to include products damaged during handling, transport, or storage. They argue destruction should be allowed when repair is not technically feasible or cost-effective.
This would allow companies to reduce costs by discarding damaged inventory.

German Chamber urges more flexibility for unsold product disposal

Deutsche Industrie- und Handelskammer, 5 Aug 2025

The DIHK wants cost-benefit analyses for repairs and a four-week donation limit. They also suggest using self-disclosure to prove compliance with environmental rules.
This would lower storage expenses and simplify the paperwork required for businesses.
Non-profit groups will have less time and fewer opportunities to collect items.

Austrian business lobby demands simpler rules for unsold products

Wirtschaftskammer Österreich, 7 Aug 2025

The WKO requests exemptions based on economic factors rather than vague legal terms. They also propose reporting thresholds and shorter storage periods for donated items.
Simplified rules would protect companies from massive IT costs and administrative burdens.
Consumers would suffer from higher prices as companies pass on compliance expenses.

Eurochambres urges shorter donation period in unsold goods rules

EUROCHAMBRES – Association of European Chambers of Commerce and Industry, 11 Aug 2025

The organization requests reducing the minimum donation period from eight to four weeks and streamlining quality assessment procedures. They argue the extended period creates disproportionate storage costs, particularly for seasonal goods and SMEs.
This would reduce storage and handling costs for their member businesses.
Social economy entities have less time to claim donated products for reuse.

MedTech Europe demands exemptions from unsold textile destruction ban

MedTech Europe, 6 Aug 2025

MedTech Europe requests that medical technologies be exempt from the ban on destroying unsold clothing and footwear. They argue that specific safety regulations must prevail over waste rules for health reasons.
Exemptions would shield manufacturers from penalties and legal liability for distributing non-compliant or expired equipment.

AIM Urges Automatic Destruction Approval for All Counterfeit Goods

AIM - European Brands Association, 31 Jul 2025

AIM suggests removing requirements to prove that destroying counterfeits is proportionate. They argue illegal items are dangerous and lack material data for safe recycling. Brand owners should not be responsible for the destruction or reporting of seized fakes.
Brands would avoid the costs and liability associated with managing seized counterfeit goods.
Public authorities would bear the administrative and financial burden of managing seized fakes.

NABU demands minimal exceptions for destroying unsold consumer goods

Naturschutzbund Deutschland e.V., 6 Aug 2025

NABU welcomes the ban on destruction but insists it must be far-reaching with few well-founded exceptions. They believe the rules should incentivize companies to reassess and reduce the quantities of products placed on the market.
Stricter rules would help NABU achieve its mission by forcing companies to reduce overproduction.
Fast-fashion firms lose the ability to justify destruction based on short-term cost-efficiency criteria.

ECOS demands end to loopholes for destroying unsold clothing

Environmental Coalition on Standards, 11 Aug 2025

The coalition demands stricter conditions for exceptions, ensuring products are only destroyed when repair is technically impossible. They call for the deletion of broad exemptions for licensing agreements and branded items.
Tight rules force companies to reduce overproduction and follow circular principles.
Fast fashion brands lose their easy route for disposing of excess inventory.

Independent Retail Europe seeks shorter record-keeping for unsold goods

Independent Retail Europe (formerly UGAL - Union of Groups of Independent Retailers of Europe), 6 Aug 2025

The association calls for reducing the documentation retention period from ten years to five years. They also request permission to document compliance by product group rather than for every individual product.
Reducing these requirements would significantly lower administrative costs and simplify compliance for retailers.

EuRIC calls for stricter limits on destroying unsold clothes

European Recycling Industries' Confederation, 30 Jul 2025

EuRIC urges the Commission to close loopholes that let companies destroy usable clothing. They demand independent verification to stop firms from using subjective reasons to justify destruction.
Stricter rules would ensure more materials flow to recycling and reuse companies.
Fashion brands lose the ability to destroy stock for brand protection reasons.

Ecommerce Europe urges flexible exemptions to garment destruction ban

Ecommerce Europe, 8 Aug 2025

They request removing requirements to prove no recipient was found and shortening record-keeping periods. The group also wants to destroy goods failing voluntary company quality standards.
Retailers would avoid high administrative costs and maintain control over brand quality standards.
Sustainability advocates lose as businesses could destroy more items by citing internal quality standards.

Toy Industries of Europe seeks exemption for disguise costumes

Toy Industries of Europe, 11 Aug 2025

TIE urges the Commission to grant a specific exemption for toy costumes from the destruction ban. They argue that safety requirements make reusing or refurbishing these products risky for children.
This exemption would spare toy manufacturers from costly administrative and regulatory burdens.
Environmental objectives may suffer if unsold costumes are destroyed rather than repurposed.

EURATEX seeks delay and clarity on garment destruction ban

EUROPEAN APPAREL AND TEXTILE CONFEDERATION, 7 Aug 2025

EURATEX requests an implementation extension until 2027 and broader exemptions for workwear. They also propose reducing record-keeping requirements to two or three years.
Reduced administrative costs and legal certainty for handling non-saleable textile goods.
Environmental objectives might be undermined by loopholes allowing the destruction of goods.

EBCA Urges More Flexible Exemptions for Unsold Clothing Destruction

European Branded Clothing Association, 11 Aug 2025

EBCA requests expanding derogations to include alternative dispute resolutions and internal performance standards. They also propose reducing the record-keeping requirement to a maximum of five years.
This would lower compliance costs and reduce the risk of regulatory overreach for retailers.

FEAD urges inclusion of private firms in reuse rules

FEAD, 4 Aug 2025

FEAD recommends expanding eligibility to include all authorised reuse operators and professional waste management companies. They argue that limiting access to social economy entities creates a barrier to reuse.
This allows private waste firms to capture market share in product refurbishment.
Social economy entities would lose their exclusive right to receive unsold product donations.

Public waste managers urge tougher curbs on destroying clothes

Municipal Waste Europe, 18 Jul 2025

MWE demands removing loopholes that allow brands to destroy goods for licensing or technical reasons. They also call for extending the ban to all consumer products including electronics.
Stricter bans would stop public waste facilities from having to process avoidable overproduction waste.
Luxury fashion brands would no longer be allowed to destroy stock to protect exclusivity.

RREUSE urges EU to tighten ban on destroying clothes

Reuse and Recycling European Union Social Enterprises, 8 Aug 2025

The organization demands the Commission tighten proposed exemptions to prevent loopholes for wasteful business practices. They specifically oppose allowing destruction based on expired licensing agreements or the presence of brand logos.
This would prevent social enterprises from being overwhelmed by the costs and logistics of managing overproduced clothing.
Luxury and fast-fashion brands lose the ability to destroy unsold stock to maintain brand exclusivity or licensing limits.

Policy Hub urges flexible derogations for unsold textile destruction

Policy Hub - Circularity for Apparel and Footwear, 11 Aug 2025

The group requests a broader interpretation of voluntary standards and clearer definitions for product reuse. They also propose reducing the documentation retention period from ten years to five years.
The changes would lower administrative costs and simplify compliance for textile companies.
Non-profit organizations may lose access to donations due to narrow eligibility criteria.

Italian SME group demands protection from clothing destruction ban

Confederazione Nazionale dell'Artigianato e della Piccola e Media Impresa, 4 Aug 2025

CNA urges keeping small firms exempt from the destruction ban. They request legal clarity for subcontractors and shorter donation storage times.
Exemptions would prevent small businesses from facing heavy compliance costs and logistical burdens.

Czech Chamber of Commerce urges shorter record-keeping for unsold goods

Hospodářská komora České republiky, 21 Jul 2025

The organization requests shortening the time businesses must store documentation for inspections. They propose reducing the requirement from ten years to five years.
A shorter retention period would reduce administrative burdens and storage costs for businesses.

Consultation response

Cámara Oficial de Comercio, Industria, Servicios y Navegación de España, 8 Aug 2025

Adjunto las aportaciones de la Cámara de Comercio de España a la consulta pública sobre productos sostenibles: exenciones a la prohibición de destruir prendas de vestir y calzado sin vender

Consultation response

European Cultural and Creative Industries Alliance, 11 Aug 2025

Please find in the attachment ECCIA's detailed feedback on the draft Delegated Regulation supplementing Regulation (EU) 2024/1781 by setting out derogations from the prohibition of destruction of unsold consumer products.

Consultation response

Suomen Tekstiili ja Muoti ry, 11 Aug 2025

Finnish Textile & Fashion (STJM) appreciates the opportunity to comment on the draft delegated act establishing derogations from the prohibition of destruction of unsold consumer products.

Consultation response

Syndicat national de l'industrie des technologies médicales, 7 Aug 2025

Snitem supports Medtech Europe's position : The Medical Technology Industry is committed to continuously improving the environmental performance of medical technologies from a life cycle perspective in respect of the stringent sector specific regulations, i.e., Regulations (EU) 2017/745 on medical…

Consultation response

Bundesverband E-Commerce und Versandhandel Deutschland e.V., 1 Aug 2025

Zunächst einmal möchten wir darauf hinweisen, dass kein Händler Interesse daran hat, Ware zu entsorgen. Der Anteil der im Onlinehandel entsorgten Ware liegt im Promillebereich. Die Entsorgung ist und bleibt die absolute Ausnahme, für die es dann berechtigte Gründe gibt. Wir begrüßen, dass die…

Consultation response

Fédération de la Haute Couture et de la Mode, 1 Aug 2025

Founded in 1973, the Fédération de la Haute Couture et de la Mode (the Federation or the FHCM) represents over a hundred of the most recognized French and other international brands. Having actively contributed to the discussions leading to the ESPR and this Draft Delegated Regulation, including…

Consultation response

Alliance du Commerce, 8 Aug 2025

LAlliance du Commerce est la principale organisation du commerce dans le secteur de léquipement de la personne. Elle rassemble les grands magasins et les enseignes de mode (habillement et chaussures) qui représentent 16 000 points de vente partout en France, emploient 150 000 salariés dans leurs…

Consultation response

INDICAM, 6 Aug 2025

INDICAM is the Italian Association that has as its mission the enforcement of the Intellectual Property Rights and the fight against counterfeits. Key provisions effectively enabling IP rights protection The derogation allowing destruction of products found to infringe IP rights (Art. 2(c)) is…

Consultation response

Institut National de l'Economie Circulaire, 18 Jul 2025

L'Institut National de l'Economie Circulaire remercie la Commission pour cette proposition d'acte délégué. Néanmoins, certaines des exemptions prévues nous interrogent profondément, notamment celles concernant les produits n'ayant pas trouvé preneur suite à une offre de don ou à une mise sur le…

Consultation response

Asociación para la Defensa de la Marca, 11 Aug 2025

The Spanish Association for the Defense of Trademarks (Andema) welcomes the opportunity to provide feedback on this consultation and supports the proposal to exempt counterfeit products from the ban on destruction, as such products not only infringe the rights of brands but also fail to comply with…

Consultation response

GermanFashion Modeverband Deutschland e.V., 7 Aug 2025

Please find attached the statement by the GermanFashion Association.

Consultation response

Confindustria Toscana Nord, 1 Aug 2025

The draft regulation states that "the reuse of these products is always the best environmental solution compared to recycling or other forms of destruction". While the priority of reuse is correct, grouping 'recycling' and 'destruction' together is a conceptual error that contradicts the European…

Consultation response

Camera Nazionale della Moda Italiana, 30 Jul 2025

CNMI welcomes the opportunity to provide comments to the draft implementing regulation adopted under Article 25 ESPR. This contribution sets out CNMIs main concerns and related recommendations regarding the derogations specified in the draft delegated regulation adopted under Article 25 ESPR and…

Consultation response

Foreningen Nordisk Miljømærkning, 16 Jul 2025

Nordic Ecolabelling thank the commission for giving the opportunity to send feedback on the draft act. We understand the need to have some derogations from the prohibition of destruction of unsold textile and footwear, but we are concerned about risk for interpretation that can lead to loopholes in…

DigitalTrade4.EU pushes digital tracking for unsold clothing waste rules

DigitalTrade4.EU, 15 Jul 2025

The group calls for using Digital Product Passports to document why unsold products are destroyed. They also recommend using digital platforms to coordinate and track product donations to ensure destruction is a last resort.
Mandating digital verification would reduce manual audit efforts and lower compliance costs.