Those of us environmentally minded citizens have been dismayed in recent months when taking bags of unwanted textiles to our local recycling centres to be told that they no longer accept these as recyclable waste since they do not make a profit; into landfill they go. There are of course charity shops but they only accept a small fraction of textiles that households get rid of. And used clothing and shoes are in themselves a fraction of the bulk of textiles that go straight from manufacture to landfill/furnace without ever being worn – it will come as no surprise to readers of this blog that garmets bought online and returned for whatever reason are not resold but disposed of, that being the cheapest option.
At last the second element of this extremely wasteful industry has now been addressed by the EU.
On 9th of February this year the European Commission adopted new measures under the Ecodesign for Sustainable Products Regulation (ESPR) to prevent the destruction of unsold apparel, clothing accessories and footwear, including additional detail on mandatory disclosures. These rules will apply from 19 July 2026 and aim to reduce the practice of textiles being destroyed before they are sold and worn.
The ESPR addresses overproduction amid fast fashion’s 264,000-594,000 tonne annual waste.
Background
The ESPR – which entered into force on 19 July 2024 – introduced two key measures: a prohibition on the destruction of unsold apparel, clothing accessories and footwear, and mandatory disclosure requirements for unsold consumer products that are discarded. The Delegated Regulation and Implementing Regulation adopted on 9 February 2026 provide the detailed rules necessary for businesses to comply with these obligations.
Regulation (EU) 2024/1781 targets physical goods, excluding food, feed, medicines, living plants, animals, and vehicles, to promote durability, reusability, repairability, and resource efficiency while ensuring free movement of compliant products.
A core innovation is Chapter VI, which addresses the destruction of unsold consumer products, initially focusing on textiles (apparel, clothing accessories, and footwear). This responds to estimates that 4-9% of EU textiles—up to 594,000 tons annually, as mentioned above, are destroyed pre-use, contributing to waste and emissions. The regime prohibits destruction by economic operators, mandates preventive measures, and introduces disclosure requirements, supported by delegated and implementing acts adopted in February 2026.
Scope and Definitions
The ESPR applies to “economic operators” placing products on the EU market or into service, including manufacturers, importers, distributors, and online platforms. “Unsold consumer products” are defined as new goods not sold or used at the point of sale, encompassing returns, surplus stock, and end-of-line items suitable for consumer use. Phase 1 targets unsold apparel, clothing accessories (e.g., bags, scarves), and footwear from 19 July 2026 for large undertakings (over 500 employees, €400m+ turnover); medium-sized firms (50-250 employees, €10-50m turnover) comply from 19 July 2030. “Micro” or small enterprises are exempt.
There are derogations under the ESPR. Article 25(5) permits destruction only for justified reasons like safety risks, irreparable damage, or failed donation/reuse efforts after reasonable attempts. Economic operators must document efforts, such as offering products to charities for at least a defined period, with national authorities verifying compliance. Otherwise, Article 25 imposes an outright prohibition on destruction. Under Article 35, online marketplaces must disable listings for non-compliant goods.
Enforcement and Remedies
National market surveillance authorities (Article 51) will conduct checks, request evidence, and impose remedial measures. Notified bodies assess conformity for high-risk products. The Commission maintains a Product Registry and Sustainability Database for transparency.
Consumers are given remedies under this regulation, such as repair or refund rights for non-compliant products, with collective redress possible.
What about the UK?
Post-Brexit, UK operators exporting to EU must comply, raising supply chain issues. UK manufacturers, importers, and distributors placing textiles on the EU market qualify as “economic operators” under the ESPR, requiring adherence to the unsold destruction ban from 19 July 2026 for large firms (>500 employees, €400m+ turnover). This mandates prevention measures like resale, donation, or recycling of unsold apparel, accessories, and footwear, with derogations only for documented safety issues or irreparable damage. Non-compliance risks market bans, fines of up to 4% of EU turnover, and product recalls via EU surveillance authorities.
Many UK brands will establish EU-based entities or fulfilment centres to handle compliance, mirroring Brexit adaptations but adding sustainability documentation and Digital Product Passports (DPPs). Fast fashion supply chains (e.g., Leicester textiles) must integrate reverse logistics for returns and overstock, potentially increasing costs by 5-10% initially. Partners like EU retailers will demand ESPR-aligned stock, pressuring UK suppliers to adopt circular designs for durability and recyclability.
On the domestic front, obviously the ESPR doesn’t bite. But the UK advances via the 2023 Waste Prevention Plan and incoming Textile EPR (mandatory collections by 2025, full scheme 2026). This requires producers to finance post-consumer textile management, mirroring ESPR’s producer responsibility but without a full destruction ban. Voluntary codes and retailer pledges (for example, against incineration) align with the pressures applied in the EU. Government reviews may introduce stricter rules, influenced by EU divergence risks.
Brexit has already cut UK fashion exports by 20-30% to the EU, with ESPR adding non-tariff barriers.
Implications for Businesses
Large textile firms face immediate redesign: they will need to do their AI forecasting, set up resale platforms (for example outlet stores), and charity partnerships. The documentation required will involve costs to companies but there are benefits too, encompassing waste avoidance (saving € billions in materials) and reputational gains.
Of course there will be an escalation in legal risks: civil liability for defective compliance, administrative fines, and private enforcement via consumer claims. Brands like those in fast fashion must pivot to circular models, potentially reducing overproduction incentives.
Will consumers see more stringent conditions imposed by retailers for returning unwanted clothing or shoes to help cover the latter’s costs under the ESPR? Time will tell, but it seems likely that these new financial burdens will not go completely unnoticed by the average shopper.
