EU Destruction Ban on Unsold Clothes and Footwear: What It Means for Turkish Exporters

In short: The EU destruction ban on unsold clothing, clothing accessories, and footwear applies from July 19, 2026. The ban sits in Article 25 of Regulation (EU) 2024/1781 on ecodesign for sustainable products (ESPR). Micro and small enterprises fall outside it. The ban reaches medium-sized enterprises from July 19, 2030. However, it can still affect a Turkish supplier, mostly through its buyer in the EU.

An export order gets cancelled. A collection comes back as returns, or a buyer rejects a batch. In the past, this stock often went to destruction. However, the EU now sets a limit on that practice. This article explains the scope of the destruction ban, its exceptions, and the disclosure duty. Moreover, we took the dates and article numbers from the EU Official Journal.

What is the EU destruction ban?

Article 25(1) of the ESPR bans the destruction of the products in Annex VII. The ban applies from July 19, 2026. Annex VII contains two product groups: apparel and clothing accessories, and footwear. The list follows customs tariff (CN) codes. For example, the codes for apparel are 4203, 61, 62, 6504, and 6505. For footwear, the codes run from 6401 to 6405.

However, the destruction ban does not cover only dumping. The regulation defines destruction as the intentional damaging or discarding of a product as waste (Art 2(34)). Recital 55 adds that destruction covers the last three steps of the waste hierarchy: recycling, other recovery, and disposal. In contrast, discarding goods only to prepare them for reuse does not count as destruction.

The term “unsold consumer product” is broad as well. It includes surplus stock, excess inventory, and deadstock. It also includes products that a consumer returned under the right of withdrawal (Art 2(37)).

Who does the destruction ban bind?

The ban targets “economic operators”. The regulation names six kinds. They are the manufacturer, the authorised representative, the importer, the distributor, the dealer, and the fulfilment service provider (Art 2(38)). It also defines the manufacturer without requiring an EU establishment (Art 2(42)). An importer, in contrast, is a person established in the Union (Art 2(44)). So the ban most often binds your importer, distributor, or retailer in the EU. Whether a Turkish brand falls within scope depends on who places its products on the EU market.

The limits of the scope work like this:

• Micro and small enterprises are exempt from the destruction ban (Art 25(1)).
• However, the ban reaches medium-sized enterprises from July 19, 2030 (Art 25(1)).
• The regulation takes the micro, small, and medium size classes from Commission Recommendation 2003/361/EC (Art 2).
• In addition, an exempt enterprise must not destroy unsold products that it received to circumvent the ban (Art 25(2)).

Moreover, the Commission can add new products to Annex VII through delegated acts (Art 25(3)). With sufficient evidence of circumvention, it can also extend the ban to micro and small enterprises (Art 25(5)).

What exceptions does the destruction ban allow?

The Commission set the exceptions in Delegated Regulation (EU) 2026/296 of February 9, 2026. It applies from July 19, 2026 (Art 6). You may destroy Annex VII products in the cases below if you can present the documents (Art 2):

• The product is dangerous within the meaning of the General Product Safety Regulation (EU) 2023/988.
• The product breaches EU or national law. Destruction is then required, or it is the proportionate corrective action.
• The product infringes intellectual property rights. A court decision, a right holder’s notice, or an internal check can show this.
• A licence or contract bans sale after a set period. That period has expired.
• Nobody can technically remove the labels, logos, or design features, and those features are protected or inappropriate. Therefore, the product cannot go to preparation for reuse.
• Damage, deterioration, or contamination makes the product unacceptable for consumers. Repair is not technically feasible or cost-effective.
• Also, a design or manufacturing defect makes the product unfit for its purpose, and nobody can repair it.
• None of the cases above applies. You offered the product for donation. You offered it to at least three suitable social economy entities in the Union. Or you offered it on your website for at least eight weeks. Nobody accepted it.
• A social economy entity received the product as a donation but could not find a recipient.
• A waste operator prepared the product for reuse and put it on the market. Nobody wanted it.

Even when an exception applies, destruction must respect the waste hierarchy. The recitals of the delegated regulation put recycling ahead of other recovery and disposal (recital 3).

The documentation duty is heavy too. First, operators keep their proof for five years after the destruction. If an authority asks, they hand it over electronically within 30 days (Art 3). They also give the waste operator a statement on the exception that applies (Art 4). For damage, for example, you need a quality assessment record or an inspection report. For donations, you need proof of the offer (Art 3).

What is the disclosure duty for unsold products?

Apart from the destruction ban, Article 24 of the ESPR sets a disclosure duty. An economic operator that discards unsold consumer products, or has them discarded for it, publishes four things every year:

• First, the number and weight of discarded products, by type or category.
• Then the reasons for discarding, and the exception it relied on, if any.
• Next, the share of discarded products that went to preparing for reuse, recycling, other recovery, and disposal.
• Finally, the measures taken and planned to prevent destruction.

The operator must show this information on an easily accessible page of its website (Art 24(1)). Micro and small enterprises are exempt. The duty reaches medium-sized enterprises from July 19, 2030. Furthermore, the duty covers all unsold consumer products, not only clothing and footwear. If asked, the operator provides proof of delivery and reception within 30 days (Art 24(2)).

Implementing Regulation (EU) 2026/2 of February 9, 2026 set the format of the disclosure. It applies from March 2, 2027 (Art 7). Then operators disclose the information within 12 months after the end of the financial year (Art 1). Product categories follow the first two digits of the CN code. Some products use four digits (Art 3). Finally, operators keep their delivery records for five years (Art 4).

What does this mean for Turkish exporters and suppliers?

The regulation puts its duties on economic operators. However, if your buyer is a large EU company, it may pass this burden down the supply chain. Therefore, you can expect requests like these:

• A request to write the fate of cancelled, rejected, and returned batches into the contract.
• In addition, quality assessment records for faulty and damaged batches.
• Also, a technical review showing that nobody can remove a logo or label.
• Finally, category, quantity, and weight data for the disclosure.

This list does not appear in the regulation. Instead, it is a practical expectation that follows from the documentation duties. It still shows that undocumented destruction will cause trouble from now on, because an exception works only with proof.

What should you do with your unsold stock?

1. Classify: First, list the stock by CN code and condition.
2. Run a quality assessment: For faulty and damaged batches, try repair and resale first. Record the result.
3. Try donation and reuse: Then keep proof of your offer, because an exception needs it.
4. Build the exception file: If destruction is unavoidable, document the exception you rely on.
5. Declare to the waste operator: Finally, hand the goods over with a record and keep the documents for five years.

For stock inside Türkiye, we covered the options in our article on what happens to unsold clothes. In its textile waste disposal service, Scrap runs the inspection, counting, and documentation on your behalf.

Frequently asked questions

01

When did the EU destruction ban start?

The ban applies from July 19, 2026 (ESPR Article 25(1)). Micro and small enterprises fall outside it. The ban reaches medium-sized enterprises from July 19, 2030.

02

Which products does the ban cover?

Clothing, clothing accessories, and footwear. Annex VII lists them by customs tariff code: 4203, 61, 62, 6504, and 6505 for apparel, and 6401 to 6405 for footwear.

03

Does donating unsold clothes count as destruction?

No. The Implementing Regulation notes that a donor does not intend to discard the goods. So donated products fall outside the disclosure duty. The ESPR also does not treat discarding for preparation for reuse as destruction.

04

Which documents prove an exception?

The Delegated Regulation lists separate documents for each exception. For damage, for example, you need a quality assessment record or an inspection report. For donations, you need proof of the offer. You keep the documents for five years after the destruction and hand them over electronically within 30 days if asked (Article 3).

Sources

• Regulation (EU) 2024/1781 on ecodesign for sustainable products (ESPR), Articles 2, 24, 25, and Annex VII
• Delegated Regulation (EU) 2026/296, Articles 2, 3, 4, and 6
• Implementing Regulation (EU) 2026/2, Articles 1, 3, 4, and 7

This article follows the legislation in force on its publication date. It is for general information and does not replace legal advice. Therefore, clarify your company’s status and duties under EU law with an adviser who specializes in it. If you want to plan the process for your stock together with us, you can fill in our request form.