Commission adopts delegated regulation setting derogations from the ESPR prohibition on destruction of unsold apparel/footwear

On 9 Feb 2026, the European Commission adopted a Commission Delegated Regulation (C(2026) 659 final) supplementing Regulation (EU) 2024/1781 (ESPR) by specifying derogations (exceptions) to the ESPR Article 25 prohibition on destruction of unsold consumer products for the Annex VII categories (apparel/clothing accessories/footwear). The delegated act operationalises when destruction may be permitted and the conditions/evidence expectations relevant for competent-authority verification (per the act and explanatory memorandum). Compliance teams in relevant sectors should map current returns/unsold goods handling workflows to the derogation conditions, implement decision controls and evidence retention, and update internal policies ahead of the ESPR ban’s application to large companies referenced in Commission materials.