Every second, the equivalent of a rubbish truck full of clothes is dumped into a landfill or incinerated. In Europe, between 4% and 9% of all unsold textiles, specifically items that have never been worn, are destroyed annually. This produces carbon emissions roughly equivalent to the total net output of Sweden.
This week, the European Commission moved to close the loop on this practice. Under the Ecodesign for Sustainable Products Regulation (ESPR), which entered into force in July 2024, the Commission has adopted the final technical acts required to enforce a landmark ban on the destruction of unsold apparel and footwear.
The move marks a structural pivot for the fashion industry. It effectively outlaws the “take-make-dispose” model that has defined the sector for decades.
A New Regulatory Ceiling
The new measures, adopted on February 9, 2026, provide the legal teeth for a policy that has been in development for years. By introducing a standardized disclosure format, the EU is forcing transparency onto a practice that has long remained a corporate secret.
Starting in February 2027, large companies must use a standardized format to disclose the exact weight and number of products they discard. They must also publicly state their reasons for doing so and what percentage was sent for reuse or recycling. For large enterprises, the ban on destroying unsold apparel, accessories, and shoes officially begins on July 19, 2026. Medium-sized companies have a longer runway, with the ban taking effect in 2030.
This tiered implementation gives the industry’s major players less than six months to overhaul their inventory management and reverse logistics.
Closing the Loopholes
While the ban is sweeping, the Commission has clarified specific exceptions where destruction is still permitted. These include safety and hygiene concerns, specifically for products that are contaminated or pose health risks. They also cover intellectual property issues, though donation remains the preferred alternative where possible.
National authorities will oversee compliance, and the burden of proof rests on the companies. Simply claiming a product is “out of style” or “dilutes brand value” will no longer be a legal justification for disposal.
The So What for Corporate Strategy
This regulation functions as an economic signal as much as an environmental one. By turning overproduction into a legal liability, the Commission is forcing a shift toward on-demand manufacturing and the high-precision demand forecasting that modern supply chains have long promised but rarely perfected.
Jessika Roswall, Commissioner for Environment, Water Resilience and a Competitive Circular Economy, noted that these measures are intended to boost competitiveness and reduce dependencies by encouraging the recovery of valuable raw materials.
The underlying logic is clear. If you cannot destroy the surplus, you must stop overproducing. Companies that have already invested in circularity, including resale platforms and repair services, now find themselves with a massive regulatory advantage.
The Road Ahead
This ban is the first of many anticipated under the ESPR framework. As the Commission looks toward 2027 and 2028, the industry expects similar mandates for electronics, furniture, and tires.
The Digital Product Passport is also on the horizon. This will eventually require every garment sold in the EU to carry a scannable identifier containing its full environmental history. For now, the focus is on the warehouse floor. By turning unsold apparel from a write-off into a responsibility, the EU is forcing the fashion industry to value its products as much as its profits.
RELATED STORIES:
Follow SDG News on LinkedIn
