EU – Ban on the destruction of unsold textiles and footwear
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The European Union will implement this prohibition as part of its comprehensive environmental and sustainability initiatives. This will be enacted through the Ecodesign Regulation, which aims to enhance the circularity, energy efficiency, and overall environmental sustainability of products in the EU.
by Adam Frey
7 December 2023
Since its inception, the Ecodesign Directive 2009/125/EC has been a beacon of sustainability and efficiency. In 2021 alone, its measures spanning 31 product groups have led to a significant energy expenditure saving of 120€ billion for EU consumers, concurrently reducing annual energy consumption by 10%.
The European Union is currently developing a Regulation to supersede the existing 2009 Directive, aiming to establish a comprehensive legal framework for a wide range of products. As an example, and as previously discussed in an article, the EU has introduced a specific Regulation mandating the use of heat pumps in new household tumble dryers. This step is part of a broader initiative to enhance product sustainability and energy efficiency across the EU market.
On 5 December, the Council and the European Parliament have achieved a provisional political agreement on this new Regulation Ecodesign for Sustainable Products Regulation (ESPR). Unveiled on 30 March 2022, it aims to transform the landscape of product sustainability. Building upon the existing directive, ESPR expands its reach beyond energy-related products, encompassing a broader array of goods with a focus on circularity and environmental performance.
This Regulation will address product durability, reusability, and energy efficiency, while also introducing innovative elements like a Digital Product Passport. This passport is poised to revolutionize how we interact with products, offering detailed information on their sustainability attributes.
The ESPR‘s reach extends beyond EU borders, applying to all products in the EU market, regardless of their origin. It aligns with international trade rules, fostering global partnerships for sustainable product development. Meanwhile, the Ecodesign and energy labelling working plan for 2022-2024 continues to advance, focusing on consumer electronics and other key areas.
The transition from the Ecodesign Directive to the ESPR, while marking progress towards a more sustainable Europe, has raised concerns among industries. This transformative legislation, though environmentally beneficial and guiding consumers towards sustainable choices, presents challenges for industries adapting to new standards. Balancing ecological benefits with the practical implications for manufacturing and supply chains, industries are navigating how to align with these comprehensive regulations while maintaining operational efficiency and competitiveness.
On 5 December, the Council and the Parliament have achieved a provisional political agreement on the proposed regulation and both Institutions have to confirm by a vote.
The provisional political agreement on ecodesign requirements for sustainable products includes several key elements:
- Empowerment of the Commission: The Commission is authorized to set ecodesign requirements for environmental sustainability through delegated acts. Industries and national administrations have 18 months to comply, with potential for earlier application in justified cases.
- Public Procurement: The Commission can mandate requirements for public procurement contracts to promote environmentally sustainable products.
- Destruction of Unsold Goods: A ban on destroying unsold textiles and footwear is introduced, with exemptions for small and micro companies and a 6-year grace period for medium-sized companies, effective two years post-regulation enactment.
- Evaluation: The Commission is tasked with evaluating the environmental impact of the new requirements, considering life-cycle, carbon, and material footprints.
- Penalties: Harmonized criteria for penalties are established for non-compliance, with member states responsible for enforcement.
- Online Marketplaces: The agreement requires online marketplaces to comply with the Digital Services Act, ensuring cooperation with national market surveillance authorities for online product sales.
In conclusion, the Ecodesign Regulation will represent a significant step forward in the European Union’s commitment to environmental sustainability.
By expanding the scope of products covered and empowering the Commission to enforce ecodesign requirements, the agreement ensures a broader impact on the market’s ecological footprint.
The introduction of measures like the ban on destroying unsold goods, along with the alignment of online marketplace obligations with the Digital Services Act, highlights a comprehensive approach towards sustainable consumption and production.
This Regulation is a testament to the EU’s dedication to harmonizing economic activities with environmental priorities, setting a precedent for future sustainability initiatives and reinforcing the EU’s role as a leader in global environmental governance.
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