Can you still destroy returned clothes in the EU? The 2026 ban explained

Mostly no, if you are a large company. Since 19 July 2026, large companies may not destroy unsold clothing, clothing accessories or footwear in the EU, and items returned by customers under the right of withdrawal count as unsold. Medium-sized companies join in July 2030. Small and micro companies are exempt. Destruction is still allowed in a short list of cases, and each one has to be justified and recorded.

This is not legal advice. The rules below come from the regulation and its implementing acts; confirm how they apply to your business with counsel.

What does the ban say?

The Ecodesign for Sustainable Products Regulation (ESPR, Regulation (EU) 2024/1781) bans the destruction of certain unsold consumer products. Apparel, clothing accessories and footwear were first, and the ban on them has applied since 19 July 2026 (European Commission).

Who does it apply to?

• Large enterprises: from 19 July 2026.
• Medium-sized enterprises: from 19 July 2030.
• Small and micro enterprises: exempt.

Size follows the EU accounting definitions (headcount, turnover and balance sheet). The ban covers products placed on the EU market, so a brand based outside the EU that sells into it can be caught too.

Do customer returns count as unsold?

Yes. Products returned by a consumer under the right of withdrawal are unsold products under the regulation. For a fashion brand, that makes the returns dock the place where the ban is most likely to bite, because that is where damaged, worn and unsellable items pile up.

Does recycling count as destruction?

It can. Destruction means deliberately damaging a product or discarding it as waste. The exception is delivering it for preparing for re-use, which includes refurbishment and remanufacturing. Sending unsold garments to recycling or waste-to-energy is therefore treated as destruction unless one of the derogations below applies. Many summaries miss this. Route to resale, repair, refurbishment or donation first.

When is destruction still allowed?

Delegated Regulation (EU) 2026/296 sets out the derogations. In summary, destruction can be justified where the product:

• poses a risk to health or safety;
• infringes intellectual property rights, for example counterfeits;
• is damaged or contaminated so that consumers would not accept it, and repair is not possible or not cost-effective;
• is unfit for its purpose because of a manufacturing defect;
• must be destroyed under other EU or national law;
• could not be donated after the donation steps the regulation sets out were followed.

Read the delegated act for the exact conditions. Each derogation needs documented evidence, and the waste hierarchy still applies: re-use first, then recycling, then other recovery.

What do you have to disclose?

Large companies must publish, once a year, how many unsold products they discarded, why, and how they were treated. Implementing Regulation (EU) 2026/2 sets a standard table format for those disclosures, which applies from 2 March 2027. Keep the underlying records, because the disclosure is only as good as the evidence behind it.

What should a returns team change now?

1. Remove "destroy" as a default route. Make it an exception that needs a named reason from the derogation list and a person's sign-off.
2. Record the evidence at the bench. The grade, the defect, a photo of it, who decided and when. That is what proves a derogation later.
3. Put resale, repair and donation ahead of recycling in your routing rules. See restock, resell, repair or write off: how do you decide?.
4. Follow items that leave. Liquidation and export are not destruction by you, but they are where much destruction happens downstream. The EEA estimates 22 to 43% of returned online clothing is destroyed somewhere in the chain (EEA).
5. If you are small or medium, you are not in scope yet. Building the habit now costs little and is what larger retail partners are starting to ask their suppliers for.

How WeaveCycle handles disposal

In WeaveCycle, the dispose route is off unless a merchant turns it on. When it is used, it requires one of the lawful reasons, records who decided, and keeps the photo check behind the decision. The disposal log downloads as a CSV. It is a record of what you decided and why. Whether the ban applies to you, and whether your records are enough, is for you and your adviser to judge. See how it works.

Related reading

• Returns recovery for fashion brands: the complete guide
• Restock, resell, repair or write off: how do you decide?