Commission adopts Delegated Regulation defining ESPR destruction ban derogations

The European Commission adopted Commission Delegated Regulation C(2026) 659 final establishing six specific derogations from the prohibition on destruction of unsold apparel, clothing accessories, and footwear under ESPR. Companies may destroy unsold products only under defined circumstances: health/hygiene/safety reasons, irreparable damage during handling or detected after return, non-acceptance of products offered for donation, unsuitability for preparing for reuse or remanufacturing, unsaleability due to intellectual property rights infringement, or when destruction represents the option with least negative environmental impacts. Documentation requirements apply. The regulation takes effect alongside the destruction ban on July 19, 2026 for large enterprises and extends to medium enterprises from July 19, 2030.