Ban on the destruction of unsold textiles – new obligations for the fashion industry from 19 July 2026

From 19 July 2026, large fashion companies will no longer be allowed to destroy unsold textiles – the ban will come into force on that date, although there will be certain exceptions. The new rules form part of the EU’s ESPR Regulation (Regulation on Ecodesign for Sustainable Products), which promotes sustainable production and supports the circular economy.

Who will be affected by the ban on the destruction of unsold textiles? Scope in terms of entities and subject matter

The European Union is introducing further legislation aimed at accelerating the transition to a circular economy. It will come into force as early as 19 July 2026 a ban on the destruction of unsold textiles – clothing, footwear and fashion accessories. It will cover not only products that have not been purchased by consumers – in accordance with the ESPR Regulation, „”unsold products’ also include products that were never put on sale (e.g. prototypes, post-show models or those from photo shoots) and products from returns made by consumers under their right to withdraw from a contract.

The last three operations listed in the waste management hierarchy – recycling, other recovery and disposal – will be classified as destruction. However, preparation for reuse, refurbishment and reconditioning will not be classified as destruction.

The ban on destroying unsold clothes and footwear will be introduced gradually – From 19 July 2026, new obligations will be imposed on large companies employing more than 250 staff. On 19 July 2030, i.e. four years later, the scope of the provisions will be extended to include medium-sized enterprises employing between 50 and 250 staff. To avoid excessive administrative burdens, micro-enterprises and small enterprises have been exempted from the ban on the destruction of textiles.

The EU legislator has also provided for a mechanism designed to prevent abuse and eliminate unfair practices by the largest market players. Article 25(2) of the ESPR Regulation provides for a mechanism designed to protect the smallest economic operators – small and micro-enterprises, which have been exempted from the scope of the new rules – must not destroy unsold consumer products that were supplied to them solely for the purpose of circumventing the ban.

Clothing and footwear covered by the ban on destruction

The products covered by the ban on destruction included unsold clothing, clothing accessories and footwear classified under the following CN codes:

• 4203 Articles of clothing and clothing accessories, of tanned leather or reconstituted leather
• 61 Knitted garments and clothing accessories
• 62 Non-knitted articles of clothing and clothing accessories
• 6504 Hats and other headgear, plaited or made by weaving strips of any material, whether or not lined or trimmed
• 6505 Hats and other headgear, knitted or crocheted, or made of lace, felt or other textile materials, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or decorated
• 6401 Waterproof footwear with soles and uppers of rubber or plastics, where the uppers are not attached to the sole or joined to it by stitching, riveting, nailing, screwing, pinning or similar means
• 6402 Other footwear with soles and uppers of rubber or plastics
• 6403 Footwear with soles of rubber, plastics, tanned leather or reconstituted leather, and uppers of tanned leather
• 6404 Footwear with soles of rubber, plastics, tanned leather or reconstituted leather, and uppers of textile materials
• 6405 Other footwear.

Exceptions to the ban on the destruction of unsold clothing and footwear

As stated in the explanatory memorandum to the ESPR Regulation, The destruction of unsold textile products is a common occurrence – it affects as many as 4-9 % for all products available on the EU market. The overproduction of textiles and their short lifespan have a negative impact on the environment and lead to the loss of valuable economic resources; they must therefore be resolutely combated.

Preventing damage to clothing and footwear must not be pursued at any cost; therefore, in the Commission Delegated Regulation of 9 February 2026,. A number of derogations have been established, relating mainly to safety, public health and intellectual property rights. In any case However, the manufacturer must provide evidence justifying the destruction of the products, and then retain the documentation collected for a period of 5 years and make it available upon request by the supervisory authority.

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Mandatory disclosure of information on unsold consumer products

Pursuant to the ESPR Regulation Manufacturers who destroy unsold textile products will be required to disclose information o:

• the annual number and weight of products destroyed, broken down by type and category,
• the reasons for product damage,
• the method of managing textile waste and the percentage of products that have been prepared for reuse (including refurbishment and regeneration), recycling and other forms of recovery (including energy recovery),
• measures taken and planned to prevent the destruction of products in the future.

All this information must be included on the website the manufacturer and worded in a clear and legible manner. This is intended to discourage manufacturers from disposing of unsold consumer products, whilst at the same time providing information on the scale of this phenomenon.