Sustainable Products: Exemptions to Prohibiting the Destruction of Unsold Apparel and Footwear

EU rules for sustainable products identify the destruction of unsold consumer products as an environmental problem and prohibit the destruction of unsold apparel, clothing accessories and footwear. To ensure the measure is proportionate, they provide exemptions for cases where such products cannot be used and have to be delivered to recycling or other waste treatment plants.

Overview: This draft regulation supplements EU Regulation 2024/1781 (Sustainable Products Regulation) by establishing specific circumstances under which businesses may destroy unsold apparel, footwear, and related products—otherwise prohibited from 19 July 2026.

Key Context: The prohibition aims to address environmental waste, particularly in textiles where 4-9% of EU market products are destroyed before use. The regulation balances sustainability goals with proportionate business practices.

Permitted Derogations: Destruction is allowed when products are:
- Dangerous (health/safety risks under EU product safety rules)
- Non-compliant with EU/national law (ethical, safety, or other reasons)
- IP-infringing (counterfeit or licensed products post-expiry)
- Damaged beyond cost-effective repair
- Defective (design/manufacturing flaws preventing function)
- Non-compliant with voluntary chemical safety standards
- Rejected for donation after offering to ≥2 social economy entities for 8+ weeks
- Unsuitable for reuse due to technical infeasibility of removing IP-protected elements
- Received by social entities unable to find recipients

Verification Requirements: Businesses must retain documentation for 10 years proving derogation applicability, including quality assessments, test reports, inspection records, or donation evidence—enabling regulatory verification and preventing circumvention.

Implementation: The regulation applies from 19 July 2026, requiring economic operators to inform waste treatment operators of applicable derogations to improve sorting and recycling efficiency.

Full text available: 
Sustainable products – exemptions to prohibiting the destruction of unsold apparel and footwear

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