EU to Outlaw Destruction of Unsold Garments, Footwear with Ecodesign Laws; Flaws Remain

The development has been welcomed across the board, but there are some who have pointed out shortcomings.

The Policy Hub group, which represents over 700 stakeholders of the apparel and footwear industry, including brands, retailers, manufacturers, and NGOs, regretted the imposed direct ban on the destruction of unsold textiles and footwear failed to consider the role of recycling. “To truly achieve circularity in the textile sector, it is crucial to align with the waste hierarchy and fully recognise the capital role of recycling in the equation. Notably, to continue advancing on closing the loop and on fibre-to-fibre recycling.”

EuRIC, the voice of Europe’s recycling industries, echoed the sentiments. It said in a statement: “Ending the take-make-waste cycle (linear economy model) is a significant step towards circularity but is impossible without recycling operations. To equate recycling with destruction contradicts the very objectives of the Circular Economy Action Plan. The path to circularity should be defined by recycling operations, providing a second life to materials. Recycling is not destruction, but a resource recovery process, crucial for extending the lifecycle of materials. Therefore, we strongly urge lawmakers to correct this miscalculated oversight and include recycling as a possibility to treat unsold goods, whenever reuse is not possible.”

Valeria Botta, Head of Circular Economy & Nature at ECOS – Environmental Coalition on Standards, said: "As the curtain falls on ESPR negotiations, we are delighted that products sold in the EU will be increasingly designed with sustainability in mind. Extensive in scope and ambition, these new rules mark the beginning of a new era of sustainable design – one that ECOS has been instrumental in bringing to life. It is fantastic that the destruction of unsold goods will be banned – starting with one of the biggest offenders: textiles."

There was another flaw. ECOS said: “It is unfortunate that the text does not refer more specifically to online marketplaces, with a Digital Services Act (DSA) alignment only. The DSA introduces rules for online platforms, but they do not apply to all platforms, nor clearly allocate liability online when there is no economic operator in the EU. This can create a loophole for companies to escape the EU framework on product sustainability.”

The European Confederation of the Footwear Industry (CEC) welcomed the exemption of micro and small companies from the ban, as well as the longer adaptation period for medium enterprises. The CEC felt that these provisions will eventually support the “rehabilitation” of leather, a sustainable and durable material, victim of market demonisation in the last years.

It said: “While recognising a certain need for prioritisation the textile ecosystem emerged in the interinstitutional deal, the CEC keeps reminding that footwear is a complex product composed by a multitude of materials and components, assembled with different techniques, subject to specific health, ergonomic and safety standards, and requiring specific recycling models. Therefore, we reiterate the call for adequate research, time and funding in order to ensure feasible ecodesign requirements for footwear to be implemented at large scale.