The Ecodesign for Sustainable Products Regulation (EU) 2024/1781 (ESPR) is a key measure under the EU Green Deal and represents a fundamental shift, requiring products to be designed so that they are more durable, repairable and resource efficient. It replaces the earlier Ecodesign Directive (2009/125/EC), which was primarily focussed on energy-related products, and broadly acts as a framework regime allowing the EU Commission to adopt sustainability requirements for nearly all categories of products.

Textiles/apparel products have specifically been identified as a priority in the Commission’s first Working Plan, adopted in April 2025. For the fashion sector, this means the adoption of binding requirements (likely in 2027) covering issues such as durability, material efficiency, fibre shedding, water use and product information as well as requirements relating to the creation of Digital Product Passports (DPPs), which will provide key information on composition, repairability and environmental performance. The forthcoming Commission proposal to revise the EU Textile Labelling Regulation (1007/2011/EU) will complement the ESPR requirements for DPPs e.g. by requiring textile products to bear a digital label/QR code linking to the DPP. 

The fashion sector should engage in the development of these sustainability standards.  Even businesses with well-established circular models will need to pay attention to ensure that developing standards are consistent with the steps they have already taken in their sustainability journey. 

The ESPR introduces an outright ban, from 19 July 2026, on the destruction of certain categories of unsold consumer goods, including both apparel and footwear.  Significantly, the Commission’s EPSR Frequently Asked Questions confirm that the ban on destruction includes recycling operations meaning that businesses may need to explore new approaches to dealing with unsold stock. 

The ban is deferred to 19 July 2030 for businesses qualifying as “medium-sized” and micro and small enterprises are generally exempt, recognising the disproportionate burden it could place on smaller businesses. Further, there are limited derogations to the ban, such as where products pose health or safety risks, infringe intellectual property rights or are irreparably damaged. Any destruction permitted under these exceptions must be documented and retained for 10 years.

In addition to the specific ban on the destruction of apparel and footwear, for all types of consumer products ESPR requires businesses to publicly report on:

• the number and weight of discarded unsold consumer products
• the reasons for destruction and 
• the method of disposal. 

This information must be made publicly available, for example through a sustainability report on the company website, and the requirement applies in respect of the first full financial year after 18 July 2024 (the date of entry into force). For example, if a company has a calendar financial year then the first disclosures required will be in respect of the year 2025 and published in 2026. The reporting requirements are deferred by six years for companies qualifying as medium-sized, and small and micro-sized organisations are exempt.

Fashion companies will need to put in place stronger stock management systems and proactive strategies to reduce overproduction with donation, resale and reuse will becoming more important. Businesses should also be mindful of the reputational impact of disclosure, as consumers and stakeholders will be able to scrutinise waste practices more closely.

On 9 September, the European Parliament gave its final green light to a revision to the Waste Framework Directive to require all Member States to establish EPR schemes for textiles and footwear. Under these new rules, producers will be required to pay fees to cover the costs of the collection, sorting, preparing for reuse and recycling of garments and shoes, as well as the disposal of associated waste in all EU Member States in which they place products on the market. 

Producer fees will be based on the volume or quantity of textiles and footwear placed on the market, and fees will be eco-modulated, meaning that lower fees will apply to products that perform well as against the sustainability standards adopted under EPSR. This creates a clear financial incentive for more sustainable product design. Micro-enterprises will benefit from exemptions or longer lead-in times.

The text now needs to be formally approved by the European Council and published in the Official Journal. Member States will then have 30 months to ensure EPR schemes are established in accordance with the new requirements, and so by mid-2028, to the extent that they are not already doing so.

Spotlight on France

France is further ahead than the rest of the EU when it comes to EPR for textiles, having introduced EPR requirements for textiles, linens and footwear in 2007.   Companies already have to either contribute to an eco-organisation – a collective, non-profit structure – or establish their own individual waste management system. In the textile sector, the only existing eco-organisation is ReFashion. It collects eco-contributions from its members and redistributes them to finance waste management operators. These contributions may be adjusted upwards (penalties related to recycled rate) or downwards (bonuses for sustainability, environmental certifications, or the incorporation of recycled materials).

Additionally, the French "fast fashion" bill – which is pending approval from the European Commission under the TRIS notification procedure and will be examined by a joint committee this autumn – aims at introducing new criteria for calculating the financial contribution payable for products sold in France.  Fees will be based on a sustainability coefficient, which measures the sustainability of the product by reference to the producer’s industrial and commercial practices. Products with a low sustainability coefficient will be ineligible for bonuses and will face dissuasive penalties. The proposed legislation caps these penalties: €5 per item initially, progressively increasing to €10 by 2030, and capped at 50% of the product's pre-tax sale price.

Spotlight on Spain

Building on the EU-level proposal, Spain has already taken steps to transpose its key provisions into national law. Ahead of the formal adoption of the proposed amendment to the Waste Framework Directive in the EU, the Spanish government has initiated the legislative process to approve a Royal Decree specifically addressing the management of textile and footwear waste. As part of this process, a public consultation on the draft Royal Decree was held between 1 July and 4 September 2025, allowing interested parties to review and comment on its content.

The draft Royal Decree closely mirrors the EU text and anticipates core obligations, including the establishment of EPR collective system schemes, mandatory separate collection and reuse targets, the integration of social economy actors, and strengthened requirements around transparency, traceability, and eco-design. 

By advancing national legislation in parallel with the EU process—with the aim of approving the Royal Decree immediately following the adoption of the amended Waste Framework Directive—Spain has signalled its commitment to regulatory alignment and positioned its fashion and textile sector to adapt early to the forthcoming compliance obligations under the circular economy agenda.

Fashion businesses, particularly those selling textiles in large volumes, will need to budget for new costs, review their reporting systems and consider how design choices could reduce fees under eco-modulation.

The UK and EU Member States are both increasing scrutiny of environmental claims in the fashion sector. 

From April 2025, the Digital Markets, Competition and Consumers Act 2024 (DMCCA) has strengthened powers provided to the Competition and Markets Authority (CMA) to deal with green washing (and other misleading claims). It will allow the regulator to impose civil fines of up to 10% of global turnover for misleading green claims. This marks a significant shift from relying on court enforcement to direct regulatory action.  In addition, in March 2024, the CMA published guidance and an open letter to fashion retailers. It highlights concerns about broad claims such as “eco-friendly” without evidence, as well as carbon neutral claims based only on offsetting.

In the EU, the Empowering Consumers for the Green Transition Directive ((EU) 2024/825) was adopted in March 2024. From September 2026, generic claims such as “environmentally friendly” will be prohibited unless based on recognised performance standards, and restrictions will apply to carbon neutral claims.  Further, businesses will not be able to use “sustainability labels” (i.e. voluntary trust marks or quality marks etc. used to promote or set apart a product or business) unless they have been based on a third party certification scheme or established by public authorities. In other words, fashion companies will not be able to create labels and logos to promote their own sustainability initiatives for their products. 

A separate proposal, for a Green Claims Directive, is currently stalled in political negotiations, which are wrapped up in the wider debate around the need to simplify the EU’s sustainability regulatory framework. The future of the proposal is unclear but if ultimately adopted in its current form, it will require companies to provide links to substantiating evidence alongside claims and to obtain external third-party verification before any such claims can be made. 

From 1 October 2025, retailers selling clothes in France can choose to display the environmental cost, or "ecoscore," of their products. This initiative stems from the Anti-Waste for a Circular Economy Law (AGEC Law) of 10 February 2020, further strengthened by the Climate & Resilience Law of 22 August 2021. It aims to provide consumers with clear, reliable, and comparable information about the ecological impact of the products. 

The impact is calculated on the basis of a Life Cycle Assessment (LCA) and the European Product Environmental Footprint (PEF) methodology, adapted to include specific criteria for the textile sector such as fibre durability, microfibre emissions, and exports outside Europe. This tool has been implemented to enable businesses to highlight the efforts made in this area, and therefore encourage them to commit to a more sustainable approach.

The ecoscore can be displayed via a QR code or directly on the clothing label. It must include the graphical representation established by the regulation, the term "Environmental Cost," the calculated impact points, and the points relative to the product's weight. 

On 15 May 2025, the European Commission approved the “ecoscore” regulation, specifying that in the absence of a harmonised EU framework, this labelling will remain voluntary. This pioneering measure is expected to contribute to ongoing European efforts towards a harmonised framework, considering the experience of users. 

These sustainability measures are reshaping the regulatory environment for fashion with measures that go beyond voluntary initiatives. From restrictions on unsold stock to new design standards, producer responsibility and stricter rules on marketing claims, the direction of travel is clear. Businesses should act now to prepare for compliance, reduce exposure to penalties and protect their reputation.