FAQESPREU

ESPR unsold goods disclosure what Article 24 requires

ESPR Article 24 requires covered to publish annual information when they directly or have them discarded on their behalf.

The disclosure file should separate the Article 24 reporting duty from the Article 25 destruction ban and avoid unsupported assumptions about product categories, exemptions, penalties, or national rules.

Author
Sorena AI
Published
May 9, 2026
Updated
Oct 15, 2026
Overview

Regulation (EU) 2024/1781 creates the annual public disclosure duty for discarded . Commission Implementing Regulation (EU) 2026/2 now supplies the disclosure details and format. The disclosure is separate from the Article 25 ban on destroying specified unsold products.

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5 of 5 questions
Question 1

What must be disclosed under ESPR Article 24?

Article 24 applies to that directly or have those products discarded on their behalf. The disclosed information must cover the number and weight of discarded unsold consumer products per year, differentiated by product type or category.

The disclosure must also explain the reasons for discarding, identify any relevant Article 25 derogation, show the proportion delivered to preparing for reuse, refurbishment, remanufacturing, recycling, other recovery including energy recovery, or disposal, and describe measures taken or planned to prevent destruction. Implementing Regulation (EU) 2026/2 standardises the presentation, uses Combined Nomenclature codes for product categories, requires kilograms for weight, and explains how to report estimates, unknown treatment routes, and consolidated group disclosures.

The implementing format applies from 2 March 2027. It applies to products discarded in each financial year starting with the first full financial year after that date, and the operator must publish the disclosure within 12 months after the end of the covered financial year. This format timing does not erase the underlying Article 24 duty for the first full financial year after ESPR entered into force; keep the pre-format and post-format reporting periods separately documented.

  • Publish the Article 24 information annually for the preceding financial year.
  • Make the information clear, visible, and available at least on an easily accessible page of the operator's website.
  • Treat the first disclosure as covering discarded from the first full financial year during which ESPR is in force.
  • For financial years covered by Implementing Regulation (EU) 2026/2, use its Annex I format and publish within 12 months after year-end.
  • Do not apply the Article 24 paragraph to micro and small enterprises; medium-sized enterprises are covered from 19 July 2030.
Question 2

How does disclosure relate to the destruction ban?

Disclosure and prohibition are linked but separate. Article 24 requires publication of information about discarded . Article 25 prohibits destruction only for unsold consumer products listed in Annex VII, and the initial Annex VII list covers apparel and clothing accessories plus footwear commodity-code entries.

Article 25 also says not subject to the prohibition must not destroy supplied to them for the purpose of circumventing the prohibition. Article 25 lets the Commission amend Annex VII and set derogations, but this FAQ should not turn those powers into current exemptions or extra product bans unless cited sources support them.

  • Use Article 24 records to support disclosure even where the product is outside the current Annex VII prohibition list.
  • Use Article 25 and Annex VII to decide whether a destruction-ban analysis is also needed.
  • Do not state that all discarded unsold products are banned from destruction.
  • Do not infer national penalties or enforcement practice from the Article 24 disclosure text.
Question 3

Which product and operator caveats matter most?

Article 24 covers that are discarded. It is not a general disclosure rule for every inventory adjustment, write-down, component, intermediate input, return, or waste stream unless the facts fit that wording.

Operator size and role also matter. Article 24 addresses that the products or have them discarded on their behalf. Micro and small enterprises are outside Article 24(1), while medium-sized enterprises enter the Article 24(1) duty from 19 July 2030. Article 25 separately allows delegated acts to apply the disclosure obligation or destruction prohibition to micro and small enterprises where evidence shows they could be used to circumvent those rules.

  • Classify whether the item is an unsold consumer product before counting it in the Article 24 disclosure.
  • Identify whether the economic operator discarded the product directly or through a third party acting on its behalf.
  • Track enterprise-size assumptions separately from product-category assumptions.
  • Keep group, marketplace, distributor, and supplier narratives out of the disclosure unless the source record shows the operator's actual role in the decision.
Question 4

What records and evidence should support publication?

Article 24 requires more than a public web page. If the Commission or a competent national authority asks, the operator must provide the information and documentation necessary to demonstrate delivery and reception of the discarded products disclosed under Article 24(1)(c), and where relevant the information needed to demonstrate an Article 25(5) derogation.

The evidence file should therefore tie the public disclosure back to product counts, product weight, product type or category, reasons, recipient or treatment route, waste-hierarchy activity, planned prevention measures, and any claimed derogation. Article 24 says that requested documentation must be provided in paper or electronic form within 30 days of receiving the request.

  • Retain source data for the number and weight disclosed per product type or category.
  • Keep records showing why products were discarded and which prevention measures were taken or planned.
  • Preserve delivery and reception evidence for preparing for reuse, refurbishment, remanufacturing, recycling, recovery, energy recovery, or disposal routes.
  • Keep derogation evidence separate and match the circumstances and documentation to the applicable adopted derogation rules, rather than relying on Article 25(5) alone.
  • Archive the exact website disclosure text and publication location for each annual cycle.
Recommended next step

Build an ESPR unsold-goods evidence file

Map discarded unsold consumer products to Article 24 disclosure fields, Article 25 ban checks, and retained delivery, reception, and derogation evidence before publishing the annual website disclosure.

Question 5

Questions and answers

Who has to publish the Article 24 unsold-goods disclosure?

that directly or have them discarded on their behalf must publish the annual disclosure. Micro and small enterprises are outside Article 24(1), and medium-sized enterprises are covered from 19 July 2030.

What information has to be in the disclosure?

The disclosure must cover the number and weight of discarded per year, the reasons for discarding and any relevant derogation, the proportion sent to preparing for reuse (including refurbishment and remanufacturing), recycling, other recovery including energy recovery, or disposal, and measures taken or planned to prevent destruction.

Does Article 24 mean every unsold product is banned from destruction?

No. Article 24 is a disclosure rule. The destruction ban is in Article 25 and initially applies to the Annex VII consumer products, with the Commission able to add products or set derogations through later delegated acts.

When does the 2026 standard disclosure format apply?

Commission Implementing Regulation (EU) 2026/2 applies from 2 March 2027. Its format covers products discarded in each financial year starting with the first full financial year after that date, and the disclosure is due within 12 months after the end of the covered financial year. Keep that format timing separate from the underlying Article 24 first-disclosure rule.

What should the operator report when the treatment route is unknown?

Obtain treatment information from the waste treatment operator. If it cannot be obtained, report the affected share as unknown. Calculate the treatment-route percentages by weight, and report destruction as the sum of recycling, other recovery, and disposal under the 2026 format.

Primary sources

References and citations

commission.europa.eu3 citations
Referenced sections
  • Commission overview used for the public-facing summary of ESPR unsold-goods measures and links to related ESPR materials.
  • Commission overview confirming that large and eventually medium-sized companies must disclose annual website information such as number, weight, and reasons for discarded unsold consumer products.
  • Commission overview supports the public website disclosure expectation and summarizes the disclosed fields as number, weight, and reasons for discarded products.
"Rules to address destruction of unsold consumer products"
More quoted passages
"disclose annual information on unsold consumer products on their website"
"number and weight of products they discard"
eur-lex.europa.eu2 citations
Referenced sections
  • In-force implementing regulation whose details, calculations, presentation, product categorisation, and format for Article 24 disclosures apply from 2 March 2027.
  • In-force implementing regulation whose Article 24 disclosure format applies from 2 March 2027, covering product-category codes, units, estimate markers, waste-treatment percentages, unknown-treatment entries, legal-entity identification, and consolidated disclosure.
commission.europa.eu2 citations
Referenced sections
  • Commission news summary used to cross-check the high-level relationship between disclosure duties and the ban on destroying unsold textiles and footwear.
  • Commission news summary explaining that ESPR bans destruction of unsold textiles and footwear and opens a path to similar bans in other sectors if evidence supports them.
"Companies will also be required to publicly disclose"
More quoted passages
"ban the destruction of unsold textiles and footwear"
eur-lex.europa.eu2 citations
Referenced sections
  • Grounds the Article 24 disclosure trigger, data fields, website-publication duty, annual timing, and micro, small, and medium-sized enterprise caveats.
  • Grounds the documentation request duty, delivery and reception evidence, derogation support, paper or electronic format, and 30-day response period.
"disclose the information referred to in the first subparagraph on an annual basis"
More quoted passages
"provide all the information and documentation necessary"
eur-lex.europa.eu
Referenced sections
  • Primary legal source for Article 24 disclosure, Article 25 destruction prohibition, Article 26 consolidated Commission information, and Annex VII product entries.
"Disclosure of information on unsold consumer products"
eur-lex.europa.eu
Referenced sections
  • Grounds the operator trigger, unsold-consumer-product framing, enterprise-size rules, medium-enterprise timing, and the power to extend duties to micro and small enterprises to prevent circumvention.
"discard unsold consumer products directly or have unsold consumer products discarded on their behalf"
eur-lex.europa.eu
Referenced sections
  • Supports the distinction between disclosure and prohibition, the anti-circumvention rule, and the current Annex VII apparel, clothing-accessory, and footwear entries.
"the destruction of unsold consumer products as listed in Annex VII shall be prohibited"
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