ESPR delegated regulation: derogations from the destruction ban for unsold consumer products
Adopted under Article 25(5) ESPR, this delegated regulation sets ten grounds on which unsold consumer products listed in ESPR Annex VII (currently apparel, clothing accessories and footwear) may still be destroyed, and the documentation required. Adopted 9 February 2026, published in the OJ on 22 April 2026, in force 12 May 2026 and applicable from 19 July 2026, the same day the destruction ban starts for large enterprises.
Timeline
- 12 May 2026Entry into force
- 19 Jul 2026This delegated regulation applies, together with the ESPR Article 25(1) destruction ban for large enterprises
- 12 May 2031AuthoritiesDeadline for Commission review (Art 5; also on each addition to Annex VII)
Key facts
- Reference
- Commission Delegated Regulation (EU) 2026/296
- Adopted
- 9 Feb 2026
- Published
- 22 Apr 2026
- Status
- In force
- Amendments
- Supplements Article 25(5) of Reg (EU) 2024/1781 (ESPR)
- Topic
- Circular Economy
- Industries
- Textiles & Footwear, Consumer Goods Manufacturing, Logistics & Transport
Main compliance requirements
Paid members only
The main compliance requirements, applicability questions and penalties are available in the ZC Smart Compliance Hub. Paid members and clients can sign in to the Hub to view them.
Related legislation
- Supplements Article 25(5) and Annex VII of Regulation (EU) 2024/1781 (ESPR). Related: Commission Implementing Regulation (EU) 2026/2 (disclosure format), Regulation (EU) 2023/988 (General Product Safety Regulation), Directive 2008/98/EC (Waste Framework Directive).
Official sources
Commission Delegated Regulation (EU) 2026/296 of 9 February 2026 supplementing Regulation (EU) 2024/1781 of the European Parliament and of the Council by setting out derogations from the prohibition of destruction of unsold consumer products
Full text on EUR-Lex (Commission Delegated Regulation (EU) 2026/296)