New ESPR regulation bans destruction of unsold clothes
The EU has introduced its new Ecodesign for Sustainable Products Regulation (ESPR) which applies to most products and aims to improve their sustainability and promote the circular economy. Below we summarise what exactly the regulation introduces and what it means for consumers and businesses.
The ESPR largely replaces the Ecodesign Directive and significantly extends its scope. While the old directive only applies to energy-related products such as household appliances, the ESPR covers virtually all physical products from clothing to books, furniture, building products, packaging, and electronics. Exempted are food, feed, and medicinal products.
The ESPR does not set specific requirements for the ecodesign of products but only a framework for further rules to be set by the European Commission. These will have to include requirements on the improvement of product aspects like durability, reliability, reusability, upgradability or repairability, and others. However, ecodesign requirements must not have a significant negative impact on the functionality of the product for users, its price, or the competitiveness of the producing businesses. In addition to ecodesign requirements, the Commission will also set rules for product performance and information provided.
Digital product passport
The ESPR introduces a digital product passport where information on sustainability will be recorded. The information will be accessible electronically, allowing for easier decisions by consumers, businesses, and public authorities.
The information to be included in the digital passport will be determined by the Commission in close consultation with stakeholders and will always depend on the specific product. The information may include, e.g.:
- the technical parameters of the product
- materials and their origin
- activities relating to repairs
- recycling options
- environmental impact over the life cycle.
Ban on destruction of unsold products
The ESPR also introduces a ban on the destruction of unsold textiles and footwear, paving the way for similar bans in other sectors if this proves necessary.
Large and medium-sized businesses in all manufacturing sectors will annually have to publish information on unsold consumer products (e.g. the number and weight of products discarded and the reasons they did so) on their websites. Large enterprises will have to disclose this information for the first time during the first accounting period of the ESPR being in force, medium-sized enterprises from 19 July 2030.
The regulation is already in force and applicable. The ban on the destruction of unsold products will be effective from 19 July 2026.