ESPR

Regulation 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products introduces a new regulatory framework for sustainable products placed on the European Union market. Its objective is to reduce the negative environmental impact of products throughout their life cycle, including by introducing new rules on the handling of unsold consumer products and limiting their destruction. 

The ESPR provides for three main areas of obligations: 

prevention of product destruction: an obligation to take necessary measures that can reasonably be expected to prevent the need to destroy unsold consumer products. 

prohibition on destruction: a prohibition on the destruction of unsold products falling within the categories specified in the ESPR. Currently, the prohibition covers clothing, clothing accessories and footwear, although its scope may be extended to additional product categories in the future. 

disclosure of information: an obligation to publicly disclose, on an annual basis, information concerning unsold consumer products discarded by the relevant entity, either directly or through a third party acting on its behalf. 

No. The applicable rules provide for specific circumstances in which the destruction of an unsold product remains permissible. From a practical perspective, particularly relevant exemptions may include those concerning products that are damaged, deteriorated or contaminated, as well as products that are unfit for their intended purpose due to design or manufacturing defects. Reliance on an exemption requires a case-by-case assessment and appropriate documentation of the grounds for the relevant decision. 

The application timeline for the individual obligations under the ESPR is not uniform and depends on the type of obligation and the size of the company. 

As of 18 July 2024, the general obligation to take measures aimed at preventing the need to destroy unsold consumer products applies. 

As of 19 July 2026, large enterprises are subject to the prohibition on the destruction of clothing, clothing accessories and footwear. The first public disclosure obligation concerning unsold consumer products also falls in 2026 for these entities.  

As of 19 July 2030, the prohibition on destruction and the disclosure obligation will also apply to medium sized enterprises. Microenterprises and small enterprises remain exempt from these obligations.