Brussels proposes strict conditions for destroying unsold apparel under new sustainability rules
In a significant move to reduce textile waste and promote circularity in the fashion industry, the European Commission has published a draft delegated regulation that will restrict when companies can destroy unsold clothing and footwear. The proposal, stemming from the Ecodesign for Sustainable Products Regulation (ESPR), aims to curb the growing environmental impact of fashion waste, a sector where up to 9% of goods are reportedly destroyed before ever being worn.
The regulation, which supplements Regulation (EU) 2024/1781, lays out strict derogations or exceptions under which the destruction of unsold products may still be allowed. It will apply to textiles and footwear products listed in Annex VII of the ESPR and is set to enter into force on 19 July 2026, subject to final approval.
To view the official consultation and proposed regulation, visit the EU Commission’s consultation page.
A wasteful habit under fire
The fashion industry’s long-criticised practice of destroying unsold goods has gained increasing scrutiny amid calls for a more circular economy. According to Commission estimates, the destruction of new, never-used clothing contributes significantly to resource inefficiency and greenhouse gas emissions. The new proposal enshrines a general ban on such destruction with narrowly defined exceptions designed to prevent abuse while recognising some practical realities.
When is destruction still allowed?
Under the draft, destruction may only occur under 12 specific circumstances, including:
- Health and safety risks (e.g., contaminated or dangerous goods under EU product safety laws);
- Damaged or non-functional goods that cannot be repaired cost-effectively;
- Infringements of intellectual property rights, such as counterfeit products or expired licensing agreements;
- Failed donation attempts, where goods are offered to at least two social economy entities for eight weeks but remain unclaimed;
- Unfitness for reuse or remanufacture due to ethical sensitivities, such as offensive branding or irreparable modifications.
Each case must be fully documented, and companies must keep records for 10 years to enable regulatory oversight. They must also provide clear statements on the applicable derogation to waste treatment operators to ensure transparency throughout the disposal process.
A balancing act
While the core regulation prohibits destruction outright, the delegated act is intended to make the rules proportionate and enforceable. According to the Commission’s explanatory memorandum, the framework ensures businesses “are not unduly burdened where destruction is necessary and justified,” but still reinforces sustainability as the default approach.
Crucially, companies are already obliged under ESPR Article 23 to take all reasonable steps to avoid the need for destruction in the first place — through better inventory control, reuse, or donation mechanisms.
Stakeholder response and impact
The Commission conducted a detailed support study and extensive stakeholder consultation in 2024, gathering input from industry groups, NGOs, and national authorities. While most participants supported the general direction of the regulation, several raised concerns over practical implementation, especially regarding:
- Cost-effectiveness criteria, which some feared could incentivise destruction of low-value items;
- Voluntary standards used as justifications for destruction, which critics said could create loopholes;
- Donation protocols, with calls to make donation efforts either more stringent or more flexible.
In response, the Commission adjusted the draft, including narrowing the scope of voluntary standard derogations to those concerning chemical safety, and extending the donation window to eight weeks.
Legal coherence and enforcement
The regulation aligns with other EU legislative pillars, including the Waste Framework Directive, REACH, and the General Product Safety Regulation. Companies will be expected to integrate the requirements into their existing quality assurance and compliance systems, minimising additional administrative burden.
Notably, companies making use of derogations will need to show they’ve conducted due diligence through test reports, internal audits, or quality assessments to prove destruction was a last resort.
The delegated regulation is open for feedback and expected to be adopted in final form later in 2025. From mid-2026, businesses operating within the EU market will face a tighter regulatory landscape on product end-of-life decisions — particularly in the fast fashion and footwear sectors.
For fashion brands that have historically relied on destruction as a logistics solution or brand control tactic, the message is clear: unsold stock can no longer be quietly swept under the rug.
For more details and full documentation, please consult the official draft regulation and stakeholder feedback summary on the European Commission portal here.
