regulations

ESPR on 9 February 2026: Unsold Apparel, Accessories and Footwear

What the 9 February 2026 ESPR acts changed for unsold apparel, clothing accessories and footwear, and what they did not change for DPP.

3/18/2026 · 6 min read · InfoDPP

Why 9 February 2026 Matters

On 9 February 2026, the European Commission adopted two ESPR-related acts concerning unsold consumer apparel, clothing accessories and footwear.

This is an important implementation signal. But it should not be misread as a full Digital Product Passport milestone.

The practical value of this update is twofold:

it shows that the ESPR framework is moving into a more operational phase,
it also shows that destruction/disclosure rules and DPP rules are not the same thing.

What Changed on 9 February 2026

The Commission adopted:

a delegated act setting derogations related to the prohibition on destroying unsold consumer apparel, clothing accessories and footwear,
an implementing act setting the details and format for disclosure information on discarded unsold consumer apparel, clothing accessories and footwear.

In other words, the February package is about how companies must handle and disclose information on certain unsold consumer products. It is not a final product-passport rule for the full market.

What Product Scope This Actually Covers

The safe wording here is important.

This February 2026 update should be read through the specific scope of:

apparel,
clothing accessories,
footwear.

That is more precise than using the broad shortcut “textiles” for everything.

Some textile-sector companies are affected by this implementation package. But the legal scope of these acts is narrower and more specific than a generic textile label suggests.

What This Changes in Practice

For relevant companies, the February acts matter because they make parts of ESPR implementation more concrete.

The safest practical reading is:

the prohibition on destruction for the covered unsold consumer products is moving into a real compliance phase,
disclosure obligations now have a more concrete reporting format,
internal product, inventory, and reporting teams need to separate these obligations from broader DPP planning.

This is exactly the kind of regulatory step that deserves attention, but not exaggeration.

What the February Acts Clarify

These acts do not yet create a full DPP model, but they do clarify several practical implementation elements:

the delegated act clarifies in which justified situations destroying unsold products may still be permissible, for example on safety grounds or due to product damage,
the implementing act introduces a standardised format for reporting data on unsold products discarded as waste; this is therefore a reporting format, not a DPP format,
that format relates to information companies must disclose about the scale of discarding unsold products, not to product passport data,
from the Commission communication, this reporting format is to be applied from February 2027, to give companies time to adjust their reporting processes,
separately, from the same communication, the destruction ban for large companies starts to apply from 19 July 2026, as it is a different obligation from reporting itself,
these dates are therefore different, because one concerns the application of the destruction ban and the other concerns the application of the reporting format.

What This Does Not Change for DPP

The February 2026 acts do not by themselves create:

a final cross-sector DPP obligation,
a full product-passport data model for all sectors,
a public DPP registry,
a final identifier standard for all ESPR product groups,
a general DPP deadline for the whole textile market.

So if a company is asking, “Does 9 February 2026 mean full ESPR DPP is now fixed?” the answer is no.

However, it is important to note that confirmed DPP mandates already exist outside the ESPR framework: Regulation (EU) 2023/1542 on batteries sets the nearest confirmed date, with the battery passport becoming mandatory from 18 February 2027 for categories covered by Article 77; Regulation (EU) 2026/405 on detergents introduces DPP from 23 September 2029; and the Toy Safety Regulation from 1 August 2030. These standalone obligations apply regardless of the ESPR delegated-act timeline.

Why This Is Still an Important Implementation Signal

Even though this is not a DPP act in the strict sense, it is still one of the clearest confirmed implementation steps since ESPR entered into force.

That matters because it shows:

the Commission is moving from framework law toward execution,
sector-specific operational rules are starting to land,
teams should expect more detailed delegated and implementing work over time.

So this is best treated as an important implementation signal under ESPR, not as proof that the full DPP stack is complete.

What Companies Should Do Now

If you work with covered products, the sensible next steps are:

Separate workstreams clearly — destruction/disclosure compliance should not be confused with DPP implementation planning.
Map the exact product scope — use the narrower legal framing of apparel, clothing accessories and footwear where relevant.
Review reporting readiness — check whether inventory, ERP, sustainability, and compliance teams can support the required disclosure logic.
Keep DPP planning alive — this February package does not remove the need to prepare identifiers, product data, and traceability for later DPP obligations.
Monitor the next implementation steps — especially delegated acts, sector rules, and the broader ESPR infrastructure work.

Official Sources

Need a safer read on what is confirmed under ESPR and what is still ahead? Start free on OriginPass.eu and structure product data for DPP use without overclaiming the legal picture.

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