Technical assistance on exemptions for a prohibition on unsold apparel and footwear

The aim of this project is to specify and operationalise the general exemptions listed in Article 20 of the Ecodesign for Sustainable Products Regulation (ESPR) for a prohibition on the destruction of unsold goods specifically related to unsold apparel and footwear products. The exemptions shall ensure proportionality and practical implementation of the prohibition. The exemptions shall be formulated with a clear and unambigous wording in order to avoid loopholes. Precedents in relation to exemptions arising from comparable national measures, notably in France should be equally considered. Besides, the study team will also consider possible reverse/rebound effects of allowing exemptions to the prohibition of destruction of unsold apparel and footwear in order to prevent even more negative environmental or economic consequences.

The study has following specific objectives:

• A proposal of which of the exemptions to a prohibition on destruction specified in ESPR article 20, should or should not apply to the prohibition on the destruction of unsold apparel and footwear.
• A proposal for a specification and operationalisation of the exemptions including practical means to demonstrate compliance, to facilitate implementation, taking into account product specific application within the sector of apparel and footwear.
• A first assessment of the impacts of the exemptions on economic operators and relevant stakeholders (e.g. social enterprises).