ESPR
The Ban on Destroying Unsold Textiles and Footwear
ESPR Article 25's ban on destroying unsold consumer products — who it binds, when, which derogations exist and how the disclosure duty works.
One of ESPR's most concrete and earliest-applying provisions is not the passport but Article 25: the ban on destroying unsold consumer products. For textiles and footwear it started for large companies on 19 July 2026.
Who is bound?
| Company size | Ban applies from |
|---|---|
| Large | 19 July 2026 |
| Medium-sized | 2030 |
| Micro and small | Exempt |
The exemption attaches to the company, not the product: goods made by an SME but sold by a large retailer fall under the retailer's obligation.
What is prohibited?
Destroying unsold (unused, never delivered to a consumer) textile products and footwear. "Destruction" covers disposal methods that render the product unusable. The aim is to force circular alternatives: donation, resale, reuse and recycling.
Derogations
The delegated act defines cases where destruction is unavoidable — health and safety risk, irreparable damage, counterfeit goods, non-returnable personalised items. Each derogation requires evidence and records.
The disclosure duty
This is the least discussed and most demanding part in practice: the quantity, weight, reason and disposal method of destroyed products must be disclosed in a prescribed format, set by implementing act and applying from February 2027.
That requires stock and waste data to be reportable by product group — a breakdown most companies do not have today.
The link to the DPP
Both provisions rest on the same data infrastructure. The passport carries composition and recyclability; the destruction ban asks what happened when the product did not sell. See the textile DPP guide and extended producer responsibility.
What to do
- Map your stock flows: where do unsold goods go today?
- Set up alternative channels: outlet, donation, resale, recycling partners.
- Keep records: quantity, weight, reason, method.
- Review contracts: returns and overstock clauses may assume destruction.
Frequently asked questions
Can I still destroy defective goods?
Derogations exist for products posing health or safety risks or damaged beyond repair, but the reasoning must be recorded.
Does it apply to me as a non-EU manufacturer?
The ban binds the economic operator holding unsold stock on the EU market — usually the brand or retailer. Overstock cost can still be passed to the manufacturer by contract.
Will the scope expand?
The Commission has the power to bring other product groups into scope after evaluation.
Is a similar ban coming in Türkiye?
The Turkish industry ministry's draft framework regulation carries the same ban (Art. 23–26) and the annual disclosure duty into the domestic market: large enterprises from 19 July 2026, medium-sized from 19 July 2030, micro and small enterprises exempt. The draft is not yet published; see the DPP guide for exporters.
For textile readiness see the textile DPP guide; for scope and timing, the ESPR guide.
