The measure forms part of the Ecodesign for Sustainable Products Regulation (ESPR) and is intended to prevent the unnecessary destruction of usable products and the waste of valuable raw materials, water, energy and labour invested in their production. By encouraging reuse, repair and more resource-efficient business practices, the regulation supports the transition towards a more circular and competitive European economy.

Reuse before destruction

Under the new rules, companies must prioritise keeping products in use. Unsold goods should first be offered for sale, including through discounts or alternative markets, donated to charities or social enterprises, or prepared for reuse through repair, refurbishment or remanufacturing.

Destruction is only permitted under specific circumstances and must follow the waste hierarchy, giving priority to recycling wherever possible.

Limited exemptions

The regulation allows exemptions in clearly defined cases, including products that are unsafe or damaged, counterfeit or infringing intellectual property rights, or items that have been rejected by charities or donation schemes.

Companies relying on these exemptions must be able to provide supporting evidence, such as documentation or test results, and are required to publish annual reports on discarded products.

Enforcement and reporting

National authorities are responsible for enforcing the regulation and may impose penalties for non-compliance. Companies must retain relevant records for five years to facilitate inspections.

To reduce administrative burden, reporting requirements are based on existing customs and logistics codes. Small and micro-enterprises are exempt from these obligations.

First concrete ESPR measure

The ESPR, which entered into force in 2024, establishes a framework for making products more durable, repairable, recyclable and resource-efficient throughout the European Union.

The ban on destroying unsold textiles is one of the first concrete measures implemented under the regulation. According to the European Environment Agency (EEA), between 4% and 9% of all textile products placed on the European market are destroyed before ever being used, corresponding to an estimated 264,000 to 594,000 tonnes of textiles every year.