The latest news from Brussels will affect how clothing brands deal with “waste” stock. On May 22, 2023, the Council of the EU formally adopted its position on the proposed regulation establishing a framework for setting ecodesign requirements for sustainable products. The new regulation, which will replace the existing 2009 Ecodesign Directive, enlarges the scope and sets environmental sustainability requirements for almost all kinds of goods placed on the EU market, including footwear and apparel. In addition to establishing a Digital Product Passport system, in a step up from previous drafts, the proposal sets out new rules regarding the destruction of unsold consumer goods, including textiles.
The reasons behind the EU’s new stance on destroying unsold textiles
Pointing to the wastefulness of fast fashion, the EU proposal states: “Clothing should be valued higher, worn, and cared for more than what today’s fast fashion culture entails.”
The resources involved in textile manufacture, including vast amounts of water, energy, and raw materials, should be considered valuable. According to the proposal, burning unworn garments “is in clear contradiction to the objectives of […] improving the environmental sustainability.”
The document adds: “It is therefore justified to prohibit the destruction of unsold consumer apparel and clothing accessories while providing for certain specific exemptions, under which destroying unsold consumer apparel and clothing accessories may still be permitted.” These exemptions include health and safety concerns or protection of intellectual property rights.
The proposals apply to textile products that have been returned and products that have never been sold.
Remanufacturing for reuse is not considered destruction under the proposal. However, in what may come as a surprise to some, recycling is classed as destruction. According to the EU Council’s position: When it comes to recycling, although an important waste treatment activity for a circular economy, “it is unreasonable that products are manufactured only to be recycled immediately, hence the inclusion of recycling in the concept of destruction.”
Who will be affected by the new rules on the destruction of unsold textiles?
Looking at the proposal in more detail, medium-sized companies – with fewer than 250 workers – will have a transition period of four years to adapt to the proposals once the council’s position becomes adopted into law. Smaller companies – with fewer than 50 employees – will be exempt.
The EU Council adds that EU member states should not be precluded from introducing or maintaining national measures as regards the destruction of unsold consumer products which are not yet covered by an EU act, provided that such measures are in line with the Union law, which means that individual countries could enact stricter versions.
The position is a stronger one than the plans presented in March last year to encourage recycling and reuse of products across the bloc, according to the Financial Times, with the earlier plan not specifically banning the destruction of unsold clothing, requiring instead that all large companies report on quantities of discarded stock.
This move came despite efforts earlier in the week by countries such as Sweden, home to the retail giant H&M, to remove the ban from the text, adds the Financial Times. France, Germany and the Netherlands were among the member states which pushed to include the proposal in the new, so-called “ecodesign requirements” set by the EU.
What’s next for the ecodesign requirements for sustainable products?
The general approach agreed upon now formalizes the EU Council’s negotiating position. It provides the Council presidency with a mandate for negotiations with the European Parliament, which will start as soon as the Parliament adopts its position. The governments and the European Parliament need to agree on the Ecodesign Regulation before it can enter law.
In conjunction with the EU’s Green Deal, the May 2023 proposal for regulation seeks to make sustainable products and circularity the norm in the EU. It addresses product design, setting new requirements to make products more durable, reliable, reusable, upgradable, reparable, easier to maintain, refurbish and recycle, and energy and resource-efficient.
To stay ahead of the legislation, visit our comprehensive links collection, which contains links to organizations aimed at keeping textile and apparel businesses ahead of the curve and resources for starting your journey to circular business.
