Prohibition on Destruction of Clothing and Footwear

Tag: textile

The Prohibition on Destruction of Clothing and Footwear under the ESPR

What was previously common practice has been prohibited for large enterprises since 19 July 2026: the destruction of unsold clothing and footwear. The EU Ecodesign Regulation (ESPR) thereby establishes legally binding limits on this widespread disposal model for the first time.

The following article explains the key provisions and outlines the consequences for the economic operators concerned.

I. Background

The European Commission has identified the systematic disposal of unsold consumer products – particularly in the apparel sector – as a significant environmental problem. Destruction results in the waste of raw materials while waste volumes continue to grow. In particular, the fast fashion business model, characterised by excessive production and short product lifespans, is to become economically less attractive. The political basis is provided by the European Green Deal (COM(2019) 640 final) and the EU Strategy for Sustainable and Circular Textiles (COM(2022) 141 final), both of which promote the transition towards circular economy models.

With Regulation (EU) 2024/1781 establishing a framework for the setting of ecodesign requirements for sustainable products (the so-called EU Ecodesign for Sustainable Products Regulation – ESPR), the EU creates legally binding requirements for the destruction of unsold consumer products for the first time. The centrepiece is a prohibition – applicable to so-called “large enterprises” from 19 July 2026 – on the destruction of apparel, clothing accessories and footwear (Art. 25 ESPR). In addition, economic operators are obliged under Art. 24 ESPR to disclose comprehensive data on the disposal of all unsold consumer products.

This article explains the prohibition and outlines the consequences for the affected economic operators.

II. The Prohibition on Destruction under Art. 25 ESPR

1. Scope

Art. 25(1), first subparagraph, ESPR prohibits the destruction of certain unsold consumer products. The products concerned are determined by Annex VII of the ESPR by reference to the commodity codes of the Combined Nomenclature under Regulation (EEC) No 2658/87. All customs tariff headings for apparel, clothing accessories and footwear are covered. A consumer product is “unsold” within the meaning of Art. 2, first subparagraph, no (37) ESPR if it “has not been sold, including surplus goods, excess inventory, and dead stock as well as products returned by a consumer on the basis of their right of withdrawal as laid down in Article 9 of Directive 2011/83/EU or, where applicable, during any longer withdrawal period provided by the trader”.

The prohibition applies to large enterprises from 19 July 2026 – but to medium-sized enterprises only from 19 July 2030. Medium-sized enterprises are those employing up to 250 staff members and having an annual turnover of up to EUR 50 million or a balance sheet total of up to EUR 43 million (Art. 2(1) of the Annex to Recommendation 2003/361/EC). The provision is not applicable to micro and small enterprises for the time being, unless the Commission extends the scope by means of delegated acts (Art. 25(5), second subparagraph, ESPR).

The term “destruction” refers, pursuant to Art. 2, first subparagraph, no (34) ESPR, to “the intentional damaging or disposing of a product as waste, excluding the disposal for the sole purpose of making the discarded product available for preparing for reuse, including refurbishment or remanufacturing”. It therefore covers the activities of recycling, other recovery and disposal as set out in the waste hierarchy under Art. 4(1)(c)–(e) of Directive 2008/98/EC.

2. Derogations from the Prohibition on Destruction

On the basis of Art. 25(5) ESPR in conjunction with Art. 72 ESPR, the Commission has adopted Delegated Regulation (EU) 2026/296, which – like the prohibition on destruction for large enterprises – applies from 19 July 2026. It specifies the grounds for derogation and defines the necessary evidence requirements (Art. 2 Regulation (EU) 2026/296). The evidence must be retained for five years and submitted to the authorities upon request (Art. 3, first sentence, Regulation (EU) 2026/296).

The following derogations are of central importance:

  • Health, hygiene and safety reasons: The derogation applies to dangerous products within the meaning of Regulation (EU) 2023/988 (the General Product Safety Regulation — GPSR), i.e. products that do not meet the requirements of Art. 5 GPSR. Risk assessments, correspondence with authorities or technical and chemical test reports serve as evidence.
  • Product damage: Destruction is permitted where damage or contamination renders the product objectively unacceptable to consumers and repair is technically excluded or not cost-effective. Repair is considered cost-effective where the cost of repair does not exceed the sum of disposal costs and replacement costs (Art. 1(2) Regulation (EU) 2026/296).
  • Legal infringements: Where the product is in breach of Union or national law and destruction is legally required or constitutes an appropriate remedy, this derogation applies. Evidence is provided by means of self-assessment.
  • Refusal of donation offers: Destruction is permissible where the product has been offered for donation to at least three non-profit organisations in the EU, or via the company’s website for a period of eight weeks, without any acceptance.
  • Lack of suitability for reuse or: Destruction is possible where trademarks or inappropriate design features cannot technically be removed, or where a waste treatment facility has been unable to find a buyer after preparation for reuse has taken place. This must be substantiated by technical expert opinions or external audit reports.
  • Infringement of intellectual property rights: For counterfeit products or upon expiry of licence agreements, destruction is permissible provided that proportionality is documented.

III. Disclosure Obligation under Art. 24 ESPR

In addition to the prohibition on destruction, Art. 24 ESPR establishes a comprehensive disclosure obligation. Economic operators that discard unsold consumer products themselves or have them discarded by third parties must disclose detailed information on an annual basis. The addressees are large enterprises from the entry into force of the ESPR (18 July 2024) and medium-sized enterprises from 19 July 2030.

This obligation covers all unsold consumer products, meaning “any product, with the exception of components and intermediate products, that is primarily intended for consumers” (Art. 2, first subparagraph, point (36) ESPR). The disclosure obligation therefore does not apply only to destroyed clothing, clothing accessories and footwear, but to all products intended for consumers.

1. Content of the Disclosure Obligation

Pursuant to Art. 24(1), first subparagraph, points (a)-(d) ESPR, the following data must be published:

  • The number and weight of unsold consumer products discarded
  • The reasons for discarding products
  • The waste treatment operations applied (differentiated by preparation for reuse, recycling, other recovery and disposal)
  • Measures taken and measures planned to prevent destruction

Disclosure takes place on an annual basis on an easily accessible page of their website, or alternatively in the sustainability report pursuant to Art. 19a or Art. 29a of Directive 2013/34/EU (Art. 24(1), second subparagraph, first sentence, ESPR).

2. Implementing Regulation (EU) 2026/2 and Mandatory Format

Regulation (EU) 2026/2 specifies the modalities of disclosure and establishes a uniform presentation format in Annex I. This format becomes mandatory for disclosure purposes from 2 March 2027 (Art. 7 Regulation (EU) 2026/2). Although the disclosure obligations for large enterprises have been in force since 18 July 2024, organisations may already align their reporting with the requirements of the Implementing Regulation.

The format comprises three segments: company details and reporting period, detailed product data (product category by CN code, product description, number of units, mass, reasons for discarding, waste treatment operations), and prevention measures.

IV. Practical Implications

The new requirements confront affected companies with considerable challenges. Economic operators in the textile and footwear sector must fundamentally rethink their disposal strategies. Key tasks include the identification of unsold consumer products, the assessment of applicable derogations, and the provision of the required supporting documentation. It is advisable to implement a quality assessment procedure that records visual inspections, damage catalogues and destruction thresholds. In addition, internal systems for the structured collection and processing of data must be established.

Responsibility for the enforcement of the ESPR rests with the national market surveillance authorities. The German Ecodesign Act (Ökodesign-Gesetz – ÖkodesignG) provides for fines of up to EUR 10,000 for infringements of Art. 24 ESPR. Infringements of Art. 25 ESPR may result in fines of up to EUR 100,000.

V. Outlook

With the prohibition on the destruction of apparel and footwear and the accompanying disclosure obligation, the ESPR sends a clear signal against the waste of resources. Economic operators should promptly develop prevention strategies, adapt their documentation systems and prepare for the mandatory use of the standardised disclosure format from 2 March 2027. Which additional product categories will in future be subject to the prohibition on destruction remains to be seen.

In addition to the prohibition on destruction, the textile sector is expected to face further comprehensive changes through the implementation of a product-specific delegated act under the ESPR. This delegated act is expected to establish ecodesign requirements for textiles addressing aspects such as material efficiency, extension of product lifetime, reduction of impacts on water, waste generation, energy consumption and climate change; a Digital Product Passport (DPP) will also be introduced for textiles. The adoption of the delegated act is planned for 2027. The information requirements under the ESPR will take effect in conjunction with the Textile Labelling Regulation, which is currently under revision (COM(2025) 187 final, p. 6).

Do you have any questions about this news item or would you like to discuss it with the author? Please feel free to contact: Marie Carnap, LL.M and Dr Carsten Schucht.

30. July 2026 Marie Carnap, LL.M.
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Marie Carnap, LL.M.
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France: Ultra-fast fashion now in the line of fire

In 1987, the French philosopher and sociologist Gilles Lipovetsky published L’Empire de l’éphémère: la mode et son destin dans les sociétés modernes (The Empire of Fashion: Dressing Modern Democracy) an essay focusing on fashion as a reflection of individualism and hyper consumerism. Some forty years later, the French Parliament adopts a compromise bill designed to combat ultra-fast fashion practices which have brought the phenomenon to levels Lipovetsky probably never anticipated.

The vote comes after 2.5 years of debates before both Houses of the French Parliament. The text which essentially amends the Code of the Environment was published in the Official Bulletin of July 9, 2026 (Law n°2026-602 of July 8, 2026 aiming to reduce the environmental impact of the textile industry).

This piece of legislation aims to curb the ‘ultra’ fast fashion, a phenomenon characterized by ever increasing volumes of clothing, footwear, and linens placed on the market and by its negative externalities at the production and consumption stages. Fast fashion in general is not targeted however as the implied objective here is also to preserve traditional brands present on the domestic market and featuring entry-level products. Note also that companies located in the EU or in countries parties to the EEA are not target either subject to their not meeting the conditions set at Art. 3 paras. 4 and 5 of Directive 2000/31/EC of June 8, 2000 on electronic commerce (Env. Code, L541-9-1-1 IV).

Ultra-fast fashion is defined as industrial and commercial practices of producers entailing a reduced life expectancy of products due to (i) the placement on the market of a significant number of references and (ii) the modest enticement to repair such products (Env. Code, L541-9-1-1 I). Market places and other internet interfaces allowing to purchase or have these products delivered are also targeted. These will be required to post messages encouraging sustainable consumption behaviors (reuse, recycling, etc.) and to inform consumers of the social, environmental, and health impacts of these products, including their delivery (Env. Code, L541-9-1-1 III).

The law also introduces a new criterion to the modulation of eco-contributions owed by producers to Producer Responsibility Organizations (PROs) operating in the clothing, footwear, and linens field. The impact of the environment, including harm to biodiversity and the carbon footprint of products will now be taken into consideration by PROs in the computation of the eco-contributions paid by producers subject to the Extended Producer Responsibility scheme (Env. Code, L541-10-3). These eco-contributions will also be modulated by PROs based on the breadth of the product range or the frequency of offers, as well as the extent to which the repair of the products in question is encouraged (Env. Code, L541-10-27 II). Where this modulation is negative, the corresponding penalty shall increase overtime from 25 cents to 12 euros per product in 2026, and 2 to 20 euros in 2030 (id.). A draft Ministerial Order amending the general rules (cahier des charges) governing PROs operating in the clothing, footwear, and linens field is being circulated by the Ministry of the Environment for public consultation from July 9 to July 31, 2026. The products subject to the above penalty are those for which the result of ratio D is less than or equal to 0.8, based on a formula derived from a product range breadth criterion and a repair incentive criterion weighted at 50%. PROs operating in the clothing, footwear, and linens field (currently, Re_fashion is the only approved one) shall use a fraction of such eco-contribution to finance collection, sorting, reuse, preparation in view of reuse and recycling structures located in France (Env. Code, L541-10-27 IV). These provisions shall enter into force September 1, 2026.

The law further prohibits the advertising of products originating from the ultra-fast fashion industry or promoting directly or indirectly brands resorting to ultra-fast fashion practices (Env. Code, L229-61-1).

Interestingly, this prohibition also extends to individuals engaged in commercial influencing activities via electronic means, or undertaking the promotion, directly or indirectly, whether for payment or free of charge, and regardless of the nature of the consideration, of products associated with the practice of ultra-fast fashion or of brands employing this practice. As regards influencers, failures to comply with or violations of the above is punishable by an administrative fine not exceeding EUR 100,000.00 (Law n°2023-451 of June 9, 2023 aimed at regulating commercial influence and combating the excesses of influencers on social media, Article 4 as amended). These advertising bans come into force January 1, 2027.

Produktkanzlei has a broad network of international cooperation partners. This article was written by David Desforges, with whom we have been cooperating on product law issues in France for many years. You can reach out to David Desforges with the following contact details:

15. July 2026 Michael Öttinger
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Michael Öttinger
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The Action Programme for the National Circular Economy Strategy – What Product Manufacturers Need to Know Now

On 4 June 2026, the Federal Government presented key points for short-term measures within the framework of the Action Programme for the implementation of the National Circular Economy Strategy (NKWS).

Twelve areas of action are outlined, an implementation horizon of the end of 2027 is sought, and a total funding volume of over 560 million euros is indicated. For product manufacturers, the planned measures relating to extended producer responsibility, recycled content quotas, and the Digital Product Passport are of particular interest. The following article provides a structured overview.

A. Background: What is the Action Programme?

The NKWS has formed the strategic framework of German circular economy policy since the end of 2024. It sets out the guiding principle of substantially reducing the consumption of primary raw materials and describes objectives and measures for a resource-efficient, circular economy. The Action Programme now presented is the next step: it implements the mandate from the coalition agreement to “present key points for measures that can be realised in the short term to close material cycles”, and identifies, from the broad catalogue of measures within the NKWS, those projects that the Federal Government intends to address by the end of 2027. The Action Programme itself does not yet give rise to binding legal obligations – it marks the political will and the starting point for subsequent legislative procedures and practical projects. Independently of this, some proposals form part of ongoing procedures at European level with specific deadlines.

At the European level, the Action Programme is closely embedded in the EU Commission’s Clean Industrial Deal, the Critical Raw Materials Act (CRMA), and the Circular Economy Act (CEA) announced for the end of 2026. The EU raw materials strategy points in the same direction: circular economy is no longer understood as a purely environmental policy objective, but as an instrument for strengthening industrial resilience and raw material independence.

The Action Programme comprises a total of twelve areas of action, ranging from the establishment of an implementation platform, investment promotion, and public procurement through to international cooperation. Overall, the document gives one important indication: all measures within the Action Programme remain subject to a financing proviso and to the proviso regarding the Federal Government’s competence under financial constitutional law.

B. Product-Relevant Measures at a Glance

This article focuses on those areas that may affect product manufacturers.

I. Extended Producer Responsibility (Measure 8)

Measure 8 of the Action Programme bears the heading “Improving and Extending Product Responsibility” and is arguably the most significant section for product manufacturers. It is divided into three regulatory projects:

1. Adaptation of national packaging law

The EU Packaging Regulation (Regulation (EU) 2025/40, PPWR) entered into force on 11 February 2025; initial provisions apply from 12 August 2026. The Action Programme intends to adapt national packaging law to the PPWR by this date. The Bundestag has now adopted the corresponding Packaging Law Implementation Act (VerpackDG) on 11 June 2026, which must still pass through the Bundesrat. The relevant committee has recommended that the Act be deferred, but that a further amendment be initiated soon, in order to, amongst other things, better regulate the allocation of financing responsibility between public waste disposal authorities and dual systems.

For manufacturers of packaging within the meaning of the PPWR, new cost-bearing obligations within the framework of extended producer responsibility are becoming apparent in particular, as well as future participation in so-called other producer responsibility organisations, including for packaging that has not previously been subject to a system participation obligation. Of central importance for the financial dimension is also the still-outstanding Delegated Act on the eco-modulation of participation fees under the PPWR, on the basis of which Section 26 VerpackDG (formerly Section 21 VerpackG) is to be adapted. Negotiations on this matter are expected to continue until 2030. The Action Programme announces that it will examine the possibilities of creating an effective national provision before this Delegated Act is adopted.

2. Extended producer responsibility for textiles

The amended EU Waste Framework Directive, which entered into force on 16 October 2025, obliges Member States to introduce extended producer responsibility for textiles, accessories, and footwear – with a transposition deadline of 17 June 2027. The Action Programme intends to comply with this requirement and to integrate the existing collection structures in Germany with the new producer responsibility system.

Manufacturers and importers of covered textile products will in all likelihood be subject to registration and take-back obligations in future. The Action Programme expressly emphasises that obligations are also to be enforced against suppliers from third countries – a signal to manufacturers who place their products directly with end consumers in Germany via distance selling. We also refer at this point to further information in the blog post on the planned producer responsibility in the textile sector of 13 April 2026.

3. End-of-Life Vehicles Regulation

In February 2026, a political trilogue agreement was reached on the EU Regulation on the circular design of vehicles and on the treatment of end-of-life vehicles. The Regulation is to include minimum shares of recycled plastics; corresponding requirements for steel and critical raw materials are also envisaged in the longer term. Following the formal entry into force of the EU Regulation, the Action Programme plans to adapt national law. Vehicle manufacturers and their suppliers should already be taking this development into account in product development.

II. Digital Product Passport (Measure 4)

The Action Programme intends to support the introduction of Digital Product Passports (DPP) on the basis of the relevant EU regulations. To this end, a dedicated competence team for Digital Product Passports is to be established within the framework of a coordination office. The Action Programme identifies the following guiding principles: low-bureaucracy implementation, protection of sensitive company data, and particular consideration of SMEs.

For product manufacturers, the DPP is already a planning matter today: it will become mandatory at EU level on a sector-by-sector basis – beginning with batteries – and requires the systematic recording and provision of product and material data along the entire value chain. The specific dates depend on the adoption of the respective EU tertiary legal acts.

III. Plastic Recycled Content Quotas (Measure 9)

Article 7 of the EU VerpackVO provides for mandatory recycled content quotas for plastic packaging, applying from 2030. The Action Programme announces that it will advocate, in the negotiations on the relevant implementing act, for a so-called “banking period” in the years 2028 and 2029: plastic recyclates already used during this transitional period should be able to be credited towards the quotas applying from 2030. Whether this banking period materialises depends on the outcome of the EU negotiations.

This already creates planning relevance for packaging manufacturers: those who adopt the use of plastic recyclates at an early stage could benefit from such crediting. This presupposes that the necessary procurement and certification structures are established in good time.

IV. Market Surveillance and Online Platforms (Measure 10)

Even under current law, obligations exist for online traders to verify that products offered on their platform comply with product law requirements – for example in the area of the ElektroG. The Action Programme builds on this and pursues the aim of extending and strengthening these requirements at EU level. Specifically, the Federal Government is to advocate for clear, enforceable rules that prohibit online platforms from offering products from manufacturers who do not comply with applicable product responsibility regulations. This is to be anchored within the framework of the EU Commission’s Circular Economy Act (CEA) planned for the end of 2026.

Since the CEA has not yet been published, no concrete new obligations for manufacturers can be derived from this project at present. The political direction is, however, clear: compliance with product responsibility obligations is likely to become an increasingly relevant prerequisite for access to online sales channels in future. Manufacturers should keep a close eye on this development.

V. Lithium Batteries and Fire Protection Measures (Measure 6)

The Action Programme provides for the establishment of a Round Table on “Reducing the Fire Risk from Lithium Batteries”. The background to this is that fires at waste disposal and treatment facilities – according to industry sources frequently caused by damaged lithium batteries – are placing an increasing burden on the waste disposal infrastructure. The Action Programme makes clear that the recently concluded amendment to the ElektroG cannot resolve the problem on its own.

Within the framework of the Round Table, various approaches to solutions are to be developed, including standardised plant-related safety measures to improve the insurability of waste disposal facilities, as well as measures for broader consumer information. In addition, a manufacturer-financed fire protection fund – called for by the waste management industry – is also being discussed as one of several possible options; the Action Programme expressly refrains from making a determination in this regard. Manufacturers of products containing lithium batteries (in particular electrical appliances, e-bikes, e-cigarettes) should nonetheless follow this process closely, as the outcomes of the Round Table could in the medium term lead to regulatory or financial requirements.

Conclusion

The Federal Government’s Action Programme for the NKWS is a political direction-setting document: it identifies the legislative projects that the Federal Government intends to pursue during this legislative period and sets the pace – binding legal obligations do not arise immediately. For product manufacturers, it is nonetheless relevant, as it describes the regulatory horizon of expectations and shows which topics will come onto the agenda in the coming years.

Manufacturers should pay particular attention to:

  • preparation for the new packaging law (VerpackDG about to be passed; EU application date August 2026),
  • monitoring of the national textile EPR legislative procedure (EU transposition deadline June 2027),
  • early engagement with the Digital Product Passport (introduced on a sector-by-sector basis at EU level),
  • strategic planning for the use of recyclates in plastic packaging (quota obligation from 2030, possible banking period from 2028),
  • and developments relating to online platforms and product responsibility in the context of the planned Circular Economy Act.

In addition, there is the need for continuous monitoring of the subordinate EU legal acts – in particular the Delegated Acts under the VerpackVO – as their delayed entry into force regularly gives rise to shifts and planning uncertainty.

Do you have any questions about this news, or would you like to discuss it with the author? Please contact: Paul Jäde and Michael Öttinger

30. June 2026 Paul Jäde, M.Sc.
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Paul Jäde, M.Sc.
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Extended Producer Responsibility for Textiles – Federal Ministry for the Environment Presents Key Points for German Textile Law

With the policy paper published on March 27, 2026, the Federal Ministry for the Environment has, for the first time, outlined the planned national implementation of Extended Producer Responsibility (EPR) in the textile sector.

The introduction of this producer responsibility was already outlined in the federal government’s coalition agreement and was made mandatory under EU law by Directive (EU) 2025/1892, which amended the Waste Framework Directive and entered into force on October 16, 2025. The future German Textile Act is intended not only to implement the requirements of European law but also to address current distortions in the German used textile market, which are attributable in particular to the growth of fast fashion.

The policy paper is open for comment from all stakeholders until April 24, 2026. The regulations outlined therein will have significant implications for the entire textile value chain—from product design and placing on the market to disposal and recycling.

I. Background and Objectives

Extended producer responsibility for textiles is part of a broader set of measures aimed at making the textile sector more sustainable and circular, including the national circular economy strategy, the EU Waste Shipment Regulation, and EU ecodesign requirements. A key concern of the Federal Ministry for the Environment is to avoid creating excessive bureaucracy during national implementation. Therefore, existing, efficient collection and administrative structures should primarily be utilized, adapted to the textile sector, and further developed. This pragmatic approach avoids a complete overhaul of the used textile sector and combines proven structures with the new EU legal requirements.

II. Scope of Application

The scope of the proposed Textiles Act covers clothing, clothing accessories, home textiles, and footwear, thereby fully implementing the Combined Nomenclature codes (CN codes) set forth in Directive (EU) 2025/1892. This also includes clothing that is no longer wearable, meaning that approximately 96% of the used textiles currently collected from private households are covered.

Other product groups, such as bags, plush toys, and stuffed animals, may continue to be collected together with textiles subject to extended producer responsibility if this is agreed upon between the public waste management authority and the producer responsibility organizations; however, they are not subject to extended producer responsibility, meaning there are no collection or recycling obligations for their production.

III. Obligations of producers

Textile producers, as the entities responsible for extended producer responsibility, play a central role in the implementation of these measures.

  • Definition of producer and registration requirement: Under the proposed Textile Act, a “producer” is any company that first places textiles on the German market. This may be the producer, the importer, or the distributor of the textiles in question. All producers are required to register with the competent authority before placing their products on the market. Producers that are not based in Germany must appoint an authorized representative to fulfill their obligations.
  • Participation in a producer responsibility organization: Producers must participate in a producer responsibility organization that carries out the tasks of extended producer responsibility. This implements the EU legal obligation to establish waste collection systems for used textiles and to bear the costs, in particular for collection, transport, sorting, and recovery. Producers may choose among several producer responsibility organizations that are being established; they may also fulfill extended producer responsibility individually by establishing their own organization.
  • Financial responsibility: Textile producers bear extended producer responsibility and are therefore financially responsible, among other things, for the collection, transport, sorting, and proper recycling of used textiles. This financial responsibility is managed through membership fees paid to producer responsibility organizations. The calculation of contributions is primarily based on the quantity of textiles placed on the market for the first time. In addition, qualitative criteria under Article 8a of the Waste Framework Directive must be taken into account, such as durability, reparability, reusability, recyclability, and the presence of hazardous substances. The more environmentally friendly and sustainable the textile product is, the lower the contribution to be paid, thereby creating financial incentives for more environmentally friendly product design. The producer responsibility organizations report annually to the Federal Environment Agency on the eco-modulation of contributions. In the future, fee differentials, bonus-malus systems, or fund models may be implemented.
  • Effects for Online Platform and Fulfillment Service Providers involvement: Online platforms may only allow products to be offered on their marketplaces if the producer of the textiles is properly registered. Fulfillment service providers must also verify whether producers are registered. This regulation corresponds to the mechanism established under the Packaging Act and is intended to ensure compliance with manufacturers’ obligations, particularly in online commerce.

IV. Collection of used textiles

Organizations responsible for producer responsibility are responsible for the comprehensive collection of used textiles. Each organization must achieve a collection rate of 70% through its collection and take-back network, calculated based on the quantity of materials first made available by affiliated manufacturers in the previous year. There are currently no plans to require retailers to accept returns at the point of sale.

Public waste management authorities are obligated to cooperate with a producer responsibility organization; however, they may “opt out” and declare for a calendar year that they will carry out the recovery of the collected used textiles themselves.

Non-profit collectors under Section 3(17) of the KrWG remain exempt under EU law and may continue to collect on a voluntary basis without being required to file a report under Section 18 of the KrWG. Although they must join a producer responsibility organization, they may decide for themselves whether to hand over the collected used textiles.

Commercial collectors under Section 3(18) of the KrWG and distributors may continue to collect used textiles as before, but must join a producer responsibility organization and hand over the collected used textiles to it for further recycling.

Thrift stores, social department stores, and clothing banks are not affected, provided they only accept textiles that are still wearable, as these do not constitute waste.

V. Sorting and recycling of used textiles

Collected used textiles must first undergo an initial screening to remove foreign and disruptive materials and then be properly recycled in accordance with the waste hierarchy. Sorting is mandatory to ensure high-quality preparation for reuse in terms of both quantity and quality. Suitable used textiles can thereby cease to be considered waste.

The following targets must be achieved in the future:

•    Recovery rate (preparation for reuse + recycling + other recovery / total collected volume): 95%

•    Recycling rate (preparation for reuse + recycling / total collected volume): 85%

The targets must be reviewed regularly by the legislature and adjusted as necessary. In this context, reporting should also specify the quantities that were sent for fiber-to-fiber recycling.

When exporting used textiles, extensive documentation must be provided regarding, for example, sales, sorting procedures, and the contents of the shipment. Additionally, the Waste Shipment Ordinance applies, with stricter requirements in the future, including for the export of non-hazardous waste to non-OECD countries.

Conclusion and outlook

The key issues paper published on March 27, 2026, marks a fundamental systemic change in the German used textile sector and will have far-reaching implications for manufacturers, producer responsibility organizations, collection operators, and the recycling industry.

The approach of utilizing and further developing existing collection systems is generally to be welcomed. At the same time, the ambitious targets set high standards that go beyond the minimum requirements under EU law. Eco-modulation creates important incentives for more sustainable product design and can help curb fast fashion.

The implementation deadline for Directive (EU) 2025/1892 is June 17, 2027. The key issues paper is open for comments until April 24, 2026. Stakeholders are well advised to use this period to highlight outstanding issues and ambiguities. At the same time, they should begin preparations for implementing the new requirements now in order to be compliant well before the law takes effect.

Do you have any questions about this news, or would you like to discuss it with the author? Please contact: Michael Öttinger

13. April 2026 Michael Öttinger
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Michael Öttinger
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Extended producer responsibility for textiles and footwear

On 05.07. 2023, the EU Commission published a proposal to revise the EU Waste Framework Directive (Directive 2008/98 EC of the European Parliament and of the Council of 19 November 2008 on waste), which provides for far-reaching regulations for manufacturers of textiles as well as footwear and the handling of used textiles. Whether this can really create an incentive for the development of more durable products, the improvement of recyclability and thus the reduction of waste generation, as hoped by the EU Commission, remains to be seen.

Within the framework of the Green Deal and the Circular Economy Action Plan, the Commission sees a considerable need to implement circularity-related requirements in order to accelerate the transition to resource-conserving waste management in the textile industry as well. According to the basic principles of waste management, the prevention of waste is always the primary goal. However, where textile waste is generated, greater attention is to be paid in future to reusability and recycling.

A. Background

The Proposal for a Directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste (COM(2023) 420 final) provides, among other aspects, for the introduction of mandatory and detailed regulations with regard to textiles and footwear, which concretize the general framework for extended producer responsibility from Art. 8 and 8a of the Waste Framework Directive for these product groups. This is intended to achieve a high level of environmental and health protection in the Union and to ensure a functioning circular economy through collection, sorting, reuse, preparation for reuse and recycling. In addition, this is intended to provide incentives to consider the principles of the circular economy as early as the production of the products, thus bringing to the market long-lasting products rather than “fast fashion”.

B. Material and personal scope of application

According to Annex IVc of the draft, the new requirements are to apply to textiles (such as clothing, blankets, curtains, bed and table linen, hats), leather goods and footwear.

In terms of the personal scope of application, the manufacturer is at the center of the regulatory efforts. According to Art. 3 No. 4b of the draft, manufacturers in this sense are to be all natural and legal persons who

  • are established in a Member State and manufactures textile, textile-related and footwear products listed in Annex IVc under their own name or trademark, or have them designed or manufactured and supply them for the first time under their own name or trademark within the territory of that Member State
  • are established in a Member State and resell within the territory of that Member State, under their own name or trademark, textile, textile-related and footwear products listed in Annex IVc manufactured by other producers, on which the name, brand or trademark of the manufacturer does not appear
  • are established in a Member State and supply for the first time in that Member State on a professional basis, textile, textile-related and footwear products listed in Annex IVc from another Member State or from a third country or
  • sell textile, textile-related and footwear products listed in Annex IVc by means of distance communication directly to end-users, including private households or other than private households, in a Member State, and are established in another Member State or in a third country.

According to the explicit wording, companies with less than ten employees and an annual turnover and balance sheet total of less than two million euros, as well as self-employed tailors are excluded. In addition, those actors are not covered who (exclusively) place used textile and footwear products or those that consist entirely or partially of waste products on the market.

C. Overview of planned obligations

Essentially, the future obligations of manufacturers in the context of their extended producer responsibility and the producer responsibility organizations that are yet to be established in the future are found in Art. 22 a to c of the draft. Art. 22 d of the draft also contains detailed requirements for the further handling of collected textile waste.

  • Establishment of a register

In order to effectively monitor compliance with the requirements of extended producer responsibility, Art. 22b of the draft requires Member States to establish a register of manufacturers, as is already known in Germany, for example, for packaging (LUCID) and electrical appliances and batteries (register at the Stiftung EAR). Without a brand and product-related registration, manufacturers will no longer be allowed to place affected products on the market from the date of application.

  • Obligation of manufacturers to bear the costs

According to Art. 22a para. 4 of the draft, the Member States must ensure that in future the manufacturers concerned bear the costs of the collection and subsequent waste management of the waste listed in Annex IVc of the Directive and also financially contribute to studies on the composition of unsorted municipal waste, to information campaigns, for reporting to the competent authorities and proportionately for research into new collection and recycling processes.

  • Establishment of so-called producer responsibility organizations

According to Art. 22c of the draft, the Member States must also ensure that manufacturers of affected products appoint a so-called producer responsibility organization to fulfill the obligations of extended producer responsibility on their behalf. These organizations require regulatory approval to fulfill the obligations they assume on behalf of manufacturers.

As part of their activities, producer responsibility organizations will be required to base their participation fees to be paid by manufacturers on the degree of environmental sustainability and recyclability of the products involved. In addition, when calculating the participation fee, they must take appropriate account of any profits that may arise from reuse, preparation for reuse or the value of secondary raw materials from recycled used textiles.

  • Establishment of separate collection systems

By 01.01.2025 at the latest, separate collection systems for textiles must be set up in all Member States in order to avoid mixing with unsorted municipal waste, as this leads (as is currently the case) to an extensive loss of reusable and recyclable materials through disposal.

In this context, it should be ensured that producer responsibility organizations may not refuse the participation of social enterprises and other operators of reuse facilities in the separate collection system.

Furthermore, social enterprises should be able to continue to maintain and operate their own separate collection facilities and they should not be disadvantaged in the choice of location of separate collection facilities. Furthermore, the social enterprises and social economy institutions that are part of the collection points are not obliged to hand over the used textiles, textile-related products and footwear collected by them to the producer responsibility organizations.

  • Comprehensive information and documentation obligations

The information obligations to be fulfilled by producer responsibility organizations pursuant to Art. 22c(13) of the draft include advice to consumers on methods of waste prevention and care of the products during their period of use, on reuse and repair options for textiles and footwear, and consumer information on the separate collection of used textiles and footwear. In addition, information must also be provided on the impact of textile production, especially so-called fast-fashion practices on the environment, human health and related problematic working conditions, recycling and the effects of improper disposal of textile and footwear waste.

D. Transition periods

In order to establish the above-mentioned extended producer responsibility instruments, the Commission grants the Member States a period of up to 30 months after the entry into force of the amending Directive, according to Art. 22 a para. 8 of the draft. The Commission proposal will now be discussed by the European Parliament and the Council as part of the ordinary legislative procedure. Due to the still very early stage of the draft, it is currently impossible to predict how long the legislative procedure will ultimately take.

Outlook

The EU Commission’s proposal is surprising in view of its planned systematic position in the Waste Framework Directive. This is particularly surprising because in the areas of extended producer responsibility for packaging and batteries, which are also harmonized throughout the EU, there is a move away from directives towards directly applicable regulations. It is equally surprising that the EU Commission leaves out topics such as the fiber labeling required for the closed-loop management of textiles, as well as a clear regulation on the demarcation of the scope of application of the electrical equipment law from the present textile law, although this would be desirable in view of the increasing proportion of so-called “smart textiles” and would be absolutely necessary for a smooth interaction of the systems.

In light of this, it remains to be seen how the institutions involved in the legislative process will position themselves and whether the EU Commission’s proposal for a revision of the Textile Labelling Regulation (EU) No. 1007/2011, planned for Q4/2023, will not after all combine the design criteria planned there with the specifications proposed here for fulfilling extended producer responsibility. In terms of transparency and coherence, this would certainly be desirable.

Do you have any questions about this news, or would you like to discuss it with the author? Please contact: Michael Öttinger

18. September 2023 Michael Öttinger
Bild Michael Öttinger
Michael Öttinger
Lawyer / Counsel

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