The EU Made It Illegal for Brands to Destroy Unsold Clothes

The EU Made It Illegal for Brands to Destroy Unsold Clothes

Surbhi Chadha

In less than a month, large fashion companies operating in the EU market will be prohibited from destroying unsold clothing, accessories, and footwear. The ban takes effect on 19 July 2026 and is the first enforcement milestone of the Ecodesign for Sustainable Products Regulation (ESPR).

The regulation entered into force in July 2024. It replaces an older directive that applied mainly to energy-using appliances, and now covers virtually every physical product sold in the EU, including textiles, furniture, steel, and electronics. This is a law, and not a policy direction.

In simple terms, the new circular design framework says goods should be built to last longer, be easier to repair, and be simpler to recycle.

This is a significant movie because many environmental problems begin before a product even reaches a customer. When items are designed to be hard to fix or impossible to segregate, they are more likely to become waste, and quickly so. The EU’s new approach tries to tame that problem at the source.

Why This Is Different

Sustainability commitments in fashion have historically been voluntary. 

Brands published targets, launched programmes, and used language that suggested environmental responsibility without being legally bound to prove it. This is not a criticism of every brand that made those efforts. It is an observation about how the system was structured.

When responsible practice is optional, it creates a competitive disadvantage for companies that invest in it. 

A brand building durable garments absorbs higher costs, whereas a brand that does not faces no penalty. The market has not reliably corrected this imbalance.

The ESPR is designed to end it. Once minimum design standards apply to every company selling in the EU, durability and recyclability stop being advantages that some brands choose to offer. They become the baseline that every brand must meet.

What Changes for Fashion Specifically

From 19 July 2026, large companies cannot destroy unsold clothing, accessories, or footwear. Medium-sized companies follow in 2030.

Alongside this, companies must disclose how much unsold product they destroy and why. A standardised format for these disclosures has already been adopted. Brands that have relied on incineration as a disposal route will now need to account for it publicly.

Textile-specific design rules are expected by late 2026 or early 2027. These will likely set minimum standards for durability, recyclability, and recycled content. Blended fabrics that cannot be cleanly separated at end of life will face increasing pressure.

Every textile product sold in the EU will also carry a Digital Product Passport. It's a digital record of its material composition, origin, and environmental data, making that information accessible across the entire supply chain. 

A centralised registry for these passports is due this month. The DPP is not just a compliance tool. It makes supply chain information available to buyers, regulators, and recyclers in a way that has not existed before.

Producer responsibility schemes are also being updated across EU member states to align with ESPR. Under these schemes, brands will pay fees based on the sustainability profile of their products. Products that are harder to repair or recycle will cost more to put on the market.

The Scale of What Is Being Addressed

Did you know 4-9% of unsold textiles in Europe are destroyed each year before ever being worn. 

This generates an estimated 5.6 million tonnes of CO2 emissions, roughly equivalent to Sweden's total net emissions in 2021. These are not abstract figures. They represent production that consumed materials, water, labour, and energy and resulted in nothing.

The ESPR aims to reduce primary resource consumption across all covered sectors by up to 132 million tonnes of oil equivalent annually by 2030. 

What Traditional Craft Already Knows

Indian artisan traditions have always worked with natural fibres, single-material construction, and techniques built for longevity. A handwoven cotton textile can be composted. 

A naturally dyed fabric does not introduce synthetic chemicals into water systems. Garments made using traditional construction methods often outlast machine-made alternatives by years. These qualities are not innovations in craft. They are simply how things were made.

The ESPR asks the industrial system to move toward what artisan production has always represented: objects designed to last, to be repairable, and to return to the earth without harm.

That said, the regulation also introduces requirements that will affect the full supply chain, including importers selling into the EU. Manufacturers will be required to measure and disclose how resource-heavy their production processes are. Many artisan clusters in India operate outside formal documentation systems. 

The Digital Product Passport will create demand for that data, and brands sourcing from artisan producers will need to work toward capturing it.

The Floor Has Changed

The ESPR is still being implemented. Textile-specific rules are in development, and enforcement will build over time.

What is already clear is that the rules of the EU market have shifted permanently. Circularity is no longer a brand strategy that ambitious companies pursue. It is the minimum from which all companies must now operate. What remains to be seen is how the industry catches up.

This Was Always the Standard

At TuDuGu, we work with makers who have never built for disposal. The craft they carry is already done circular in the way the EU is now seeking to mandate. They are made from natural materials, designed to last, and traceable to the hands that produced it. And it is simply what good craft has always looked like.

 

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