Destruction ban for unsold textiles: what has applied since July 2026

Since 19 July 2026, large companies have no longer been allowed to destroy unsold clothing, fashion accessories and footwear in the EU. The destruction ban (Vernichtungsverbot) comes from the Ecodesign for Sustainable Products Regulation (ESPR) and also affects companies that do not see themselves as fashion companies: clubs with a fan shop, corporations with merchandise, organisers with a festival collection.

What exactly is prohibited

The legal basis is the Ecodesign for Sustainable Products Regulation (EU) 2024/1781. On 9 February 2026 the Commission adopted the accompanying delegated acts, which set out the ban in detail.

The ban covers unsold consumer products in the categories clothing, clothing accessories and footwear. Destruction means the deliberate damaging or disposal of goods that would still be saleable, without first sending them for re-use.

Who is affected from when

Large companies have been affected since 19 July 2026. A company counts as large if it has at least 250 employees, or an annual turnover (Jahresumsatz) of over 50 million euros or a balance sheet total (Bilanzsumme) of over 43 million euros.

Medium-sized companies are affected from 19 July 2030 — that is, companies with 50 employees or more, or a turnover or balance sheet total of over 10 million euros.

Small and micro-enterprises are exempt.

The exceptions

Destruction remains permitted if a product is dangerous under the EU General Product Safety Regulation, if it is unlawful and the law requires its destruction, if an infringement of intellectual property rights has been established, or if a licence has expired and further distribution would be an infringement of rights.

The last point is relevant for clubs and organisers, because expired sponsor licences on shirts occur frequently. That permits destruction, but does not require it.

Why this affects more companies than expected

The debate is framed as a fashion-industry issue, but the categories are broader. A Bundesliga club with a fan shop carries clothing. So does a corporation with an employee collection and trade fair give-aways. So does a festival organiser with merchandise.

Anyone who stores remaining stock after every season and disposes of it at some point should check whether they are above the thresholds.

What can happen to remaining stock instead

The ban does not require any particular solution, only that the goods are not destroyed. Possible routes are resale through an outlet or the second-hand market, donation, passing the goods on to employees, and further processing.

Further processing makes particular sense where the goods can no longer be sold or donated because of printed sponsor branding, outdated logos or expired licences. A batch of shirts with the wrong sponsor becomes pouches, cases and cushions, in which the print becomes a design element instead of a problem.

With uniforms and club clothing a second point comes into play. Anyone disposing of clothing with a logo has no control over where it turns up again. In processing, the material is cut and sewn anew, after which the original garment no longer exists.

The documentation requirement

The ban comes with a disclosure obligation (Offenlegungspflicht). The article on the EmpCo Directive explains how to communicate those figures publicly without legal risk. Affected companies have to state annually what quantities of unsold products they have destroyed, in which categories and for what reasons.

Anyone who processes remaining stock needs these figures anyway, and they are easiest to record in the project itself.

Do you have remaining stock sitting in storage?

A rough indication of type and quantity is enough for a first assessment of what can be made from it.