The European Commission is preparing a delegated act under the Ecodesign for Sustainable Products Regulation (ESPR, Regulation 2024/1781) that will govern the limited exemptions, as per the reasons outlined in Article 25(5) ESPR, allowing the destruction of unsold clothing and shoes. The measure is not yet final and is moving through consultation and adoption procedures.

Key elements (draft):

• Scope: Unsold apparel and footwear listed in ESPR Annex VII.
• Prohibition with exemptions: Destruction may only be allowed in specific cases, such as: health, hygiene or safety risks; legal non-compliance or regulatory unfitness; counterfeit or IP-infringing goods; items technically impossible to de-brand for reuse; products damaged beyond repair or not economically repairable; goods failing voluntary chemical safety standards; or items for which donation has failed (e.g. after offering to at least two social entities for a set period).
• Transparency: Companies must document and justify exemptions, retain records for ten years, and notify waste operators of the exemption applied.
• Enforcement: Member States will be responsible for monitoring compliance and applying penalties.

The act is expected to be finalised in the near term, with phased application thereafter. 

This initiative underpins EU circular economy goals by curbing waste and fostering reuse. More details: European Commission initiative page.