A new EU regulation will prohibit the destruction of unsold clothing and footwear from July 2026. The legislation presents significant implications for manufacturers and the waste industry.
Key Takeaways
- From July 2026, the new EU regulation will prohibit the destruction of unsold clothing and footwear, impacting manufacturers and the waste industry.
- Manufacturers and importers must repurpose surplus goods instead of destroying them, as per the Ecodesign for Sustainable Products Regulation (ESPR).
- The regulation targets economic operators, including manufacturers and distributors, and may impose sanctions for non-compliance.
- Medium-sized companies have until July 2030 to comply, while micro and small enterprises are currently exempt from the ban.
- Certain items like fabric remnants and workwear for B2B sales are exempt, with further exceptions being developed by the EU Commission.
According to an assessment by the lawyers at Franßen & Nusser for the German plant operator association ITAD, a new European Union regulation, the Ecodesign for Sustainable Products Regulation (ESPR), will prohibit the destruction of unsold clothing, apparel accessories, and footwear. The rule is set to take effect in Germany from 19 July 2026, ITAD announced.
The measure aims to prevent the destruction of unsold consumer products in these categories. It places responsibility on manufacturers and importers to ensure that surplus goods, excess inventory, and products returned by consumers under their right of withdrawal are repurposed rather than destroyed.
Scope and Sanctions of the Regulation
The regulation primarily targets “economic operators,” a group that includes manufacturers, authorised representatives, importers, distributors, traders, and fulfilment service providers. While thermal treatment plants are not directly included under the destruction ban, they may face consequences for their involvement.
If a waste disposal company receives an order from an economic operator to destroy unsold clothing, the operator’s action will likely be classified as an administrative offence under a planned amendment to German law. The disposal company carrying out the destruction could be considered a participant in the prohibited act and may also be sanctioned. It is therefore anticipated that thermal treatment facilities should only accept such products for disposal until mid-2026.
Implementation Timeline and Exemptions
The ESPR provisions will apply directly in Germany from 19 July 2026. Medium-sized companies, defined as those with fewer than 250 employees and either an annual turnover not exceeding €50 million or an annual balance sheet total not exceeding €43 million, must comply by 19 July 2030. Micro and small enterprises are currently exempt from the ban.
The prohibition does not apply to certain items, such as waste in the form of fabric rolls or textile remnants. Textiles intended for business-to-business (B2B) sales, for example, workwear purchased by companies for employees, are also excluded.
Further exceptions are expected in the future. The EU Commission is developing a delegated act to define additional exemptions, such as for products that are irreparably damaged or could not find a buyer through sale, donation, or other forms of transfer. The corresponding participation procedure for this act concluded on 11 August 2025.
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