EU Ecodesign Regulation: consultations on information disclosure for discarded goods and exemptions to the ban on destroying unsold clothes

The Ecodesign Regulation for Sustainable Products (ESPR) introduces comprehensive sustainability requirements for nearly all products placed on the EU market, as well as new rules for managing unsold goods. Significantly expanding on the previous Ecodesign Directive, the ESPR now covers the majority of physical products in the EU, with only a few limited exceptions.

Under the ESPR, economic operators that discard unsold consumer products directly, or have such products discarded on their behalf, must publicly disclose specific information—such as the weight and quantity of goods destroyed. In a key step to reduce waste, the Regulation generally prohibits the destruction of certain types of unsold products, compelling companies to reconsider practices around overproduction and waste. From 19 July 2026, this ban will apply to apparel, clothing accessories, and footwear, with the potential for the European Commission to expand the scope to additional products in future. The ESPR also requires the Commission to issue secondary legislation setting out the format for these disclosures and any exemptions to the destruction ban.

For further details on the ESPR, please refer to our client briefing.

Consultation on the disclosure of information

On 12 June 2025, the European Commission launched a consultation on a draft Implementing Regulation detailing the format and requirements for disclosing information on discarded unsold consumer products. The draft Regulation specifies the content and structure of disclosures, along with rules on how to classify product types and categories.

Companies covered by the Corporate Sustainability Reporting Directive (CSRD) that include this information within their sustainability reports may provide a link to those reports on their websites, as long as the required format is followed. Additionally, CSRD in-scope companies must obtain limited assurance with respect to the information reported on discarded unsold products.

The consultation remains open until 10 July 2025. After formal adoption, the Regulation will enter into force 20 days after its publication in the Official Journal of the EU and apply 12 months thereafter.

Consultation on exemptions to the destruction ban

Article 25(5) of the ESPR sets out a list of reasons that may justify derogations from the general ban on destroying unsold consumer products, and empowers the Commission to establish these derogations, along with the applicable conditions. On 30 June 2025, the Commission opened a consultation on a draft Delegated Regulation establishing the list of permitted derogations and the conditions for their application.

According to the draft Delegated Regulation, unsold consumer products listed in the ESPR annex may be destroyed under certain circumstances, including:

• the product is dangerous;
• product is unfit for purpose because of its non-compliance with the EU or national law;
• infringement of intellectual property rights;
• it is technically unfeasible either to remove or render permanently inaccessible labels, logos or recognisable product design characteristics that are (i) necessary to ensure compliance with intellectual property rights or (ii) considered inappropriate or conflicting in the light of commonly recognised social norms and values;
• the product is unacceptable for consumer use due to damage, including physical damage, deterioration or contamination and where repair is not technically feasible or cost effective;
• the product is unfit for the purpose due to design or manufacturing defects for which corrective measures are not technically feasible;
• the product does not comply with chemical safety standards;
• the product was offered for donation but not accepted; 
• the product was made available on the market after being prepared for reuse by a waste treatment operator, but no recipient was found. 

The draft Regulation provides that economic operators must retain documentation confirming their right to rely on a derogation for 10 years after any destruction of unsold goods.

This consultation closes on 11 August 2025. Once the Delegated Regulation is formerly adopted, it shall enter into force 20 days after its publication in the Official Journal of the EU and shall apply from 19 July 2026.