I wonder if anybody is keeping track of everything a mid size business needs to take care of. Each particular report probably sounds like a reasonable request, but by now they're probably well into hundreds, and they're all outside the actual scope of the business (e.g. it may seem manageable for the bureaucrats designing them, because that's what they deal with all day, but not for a small organization doing... something else).
You only write a report if you want the exemption.
The hypothetical business you're imaging shouldn't be looking for an exemption.
The law's effect on small business is conceptually not too different from eg laws against dumping toxic sludge.
Small retailers that process returns by taking the item out of the envelope, studying it, and then putting it back up for sale (either at full or reduced price, depending on new or cosmetic defect) will be entirely unaffected because their production costs vastly exceed their return inspection costs and they’ve been recording ‘sellable’ vs ‘worn’ vs ‘cosmetic defect’ somewhere this whole time anyways (or else they’d collapse even without these regulations!), and medium businesses will likely find their profits temporarily reduced — but since they were disposing of sellable products to begin with, they can either sell them to recover profits, donate them to reduce taxes, or accept the fractional inspection charge against profits and continue as-is.
Some possibilities: Reduce production defects (slower production/qa times), return rate), Reduce size variability (slower production/qa times), Improve fabric quality (higher production costs, lower future sales), Provide more detailed sizing charts (higher sales cost, lower return rates), Provide more consistent sizing (eg. band size 85 is not 80-90cm between different models and different brands), Reduce production batch sizes (less waste, more shipping costs), Reduce overseas manufacturing (higher cost production, lower cost/time shipping), Sell entire batches until sold out (increased inventory costs, maintains brand wealth-image), Donate wearable clothing to charity (tax deductions, goodwill), Switch from overseas large-batch production to domestic JIT (reduces inventory of never-sold products to zero), and so on.
In fact there was a study by an American law school that came to the conclusion that the US has more bureaucracy than many European countries…
Recommended read: https://www.andybudd.com/archives/2026/04/the-lazy-myth-that...
But for you to do your "small organization", shouldn't you be required to have to consider the environment around you?
A bar of course doesn't want to care about the noise the patrons do on the terrace for example, but because we live in the world with other people, they do have to care about this, even if it's "something else" than what they want to do.
Or data centers as another (maybe more contemporary) example, where sometimes they have things that needs to be disposed of in a certain way. Yes, the data center operators aren't in the business of "toxic waste management", but if you want to run a data center, you need to figure out how to deal with the byproducts.
I don't think clothing companies should somehow be magically excepted from having to care about others.
I think we've seen time and time again that self-regulation of the industry doesn't work and that businesses will gladly fuck over society if they can get away with it and make more money. Usually that behavior is even defended with saying "Well, it's not their responsibility to solve society's issues. They are there to make money."
Barring nationalization of an industry, heavy regulation and/or taxation/subsidizing are the only ways to reliably protect the interests of society. If some businesses get killed in the process, so be it.
Nike's unsold, defective, or returned shoes are ground up to make carpet padding. They're processed by the truckload in a large grinding machine.
It seems that under these rules, this would be illegal - ?
The law reduces wasted production inputs — materials, energy, and labor — as well as production outputs — wearable shoes, here. This directly regulates a practice by brands where they destroy wearable clothing rather than see their latest branded fashion worn by people who bought it at a discount or received it for free. This also directly regulates corporations from using grinders, melters, incinerators, landfills, and overseas ‘recycling’ (=landfills) to replace warehouses with retailers, accelerate product cycle times and derive FOMO sales benefits without the cost of reducing their batch sizes. The apparel industry is destroying something like one third of what it produces, so it’s certainly earned regulation of its ‘this shall not be sold’ decisions to its disfavor.
I would expect Nike in the EU market to either increase product prices and/or decrease release intervals until their inventory supply is lowered to meet demand while claiming that it’s the EU’s fault that their hottest shoes aren’t yet available, rather than maintaining their existing cycle times and quantities by donating their wearable, branded, wealth-signaling shoes to be worn by poor people. (Perhaps that’s already begun?)
As far as I can tell (although I'm no lawyer, sorry Nike), the point is to reduce waste and to increase recycled content in use. With these two main objectives, what Nike is doing seem to be fitting within that. It's not the "destruction" itself that is bad, but what you do with that after the destruction, recycling it doesn't create waste (or maybe, as much waste) as outright destroying+throwing all of it.
Down-cycling is a thing. Even aluminum and steel get down-cycled.
I have no sympathy for recycling fetishism.
> The concept of destruction as outlined in this Regulation should cover the last three activities on the waste hierarchy, namely recycling, other recovery and disposal. Preparation for reuse, including refurbishment and remanufacturing, should not be considered destruction. Preventing destruction will reduce the environmental impact of those products by reducing the generation of waste and by disincentivising overproduction.
Basically, does it end up as waste or does it end up being repurposed in some good way? If the former, we should find a way of getting rid of it, if it's the latter, it's A-OK!
1. Destruction is conversion of any usable product X to any non-X form (even if the new form is usable).
2. Destruction is prohibited (for large businesses, right now).
Usable is not perfectly defined and will be a judgment call, but one can construct a common sense set of ‘what is unusable?’ definitions that an inspector or judge would accept — so long as sellers have not explicitly caused such outcomes:
- Product lacks structural integrity (a loose thread doesn’t count, a missing sleeve does count)
- Product is contaminated (tried on and didn’t fit doesn’t count, motor oil stains does count)
- Product is unsafe (tried on and didn’t fit doesn’t count, underwear returned with safety liner removed may count, product has been worn for more than try-on period may count)
Note that, for example, the EU is likely to say ‘launder it first, then donate it’ for products that are worn and returned but can be safely donated after laundering; so they are specifically aware of some of the loopholes that corps will aim for first.
Downcycling is when you reuse something for a less refined purpose. For instance you can use contaminated plastics (im the sense of somewhat mixed types, bits and bobs of labels etc) to make humble park benches, but you won't be then reusing that low grade park bench plastic to make the Hubble space telescope with.
Still, downcycling into carpet is better than dumping the shoes on a coral atoll of course. Yet it's a step below recycling.
The EU cannot control every avenue you might be sneaking products out for destruction. The goal is not to prevent all sort of destruction, just make it risky enough not to be worth it: Since it's illegal to do, you now have something to fear when you try to get away with your (now) crime.
ESPR regulates the entire placement of products, not only the destruction, e.g. the Digital Product Passport (DPP) which every product has to have (it's slowly being phased in over the coming decade) gives information about repairability, resource used, recyclability,... To do the exporting for destruction you would need to fake the entire paper trail of the product, committing countless numbers of document forgery.
In general the "you are not allowed to destroy unsold goods" part is arguably the small element of ESPR. ESPR also contains the right-to-repair legislation, where ESPR introduces requirements (or at the very least disclosure requirements) for - Design for durability - Availability of spare parts - Access to repair information - Software support obligations - Design for repairability / Restricting design practices intended to hinder repair
The "don't destroy working items" is just a one component of this. The more important component is the DPP which makes the product lifetime traceable.
Though that will obviously incur a larger cost than today.
So some slightly damaged shirt, or a shirt returned and such, ends up sold by these secondary sellers as new. This is part of why people destroy clothes upon return, so that secondary sellers can't buy their own returned product at $1, and sell it making more than the original seller would have.
Not to mention, all returns I've been noticing, resold from Amazon, are heavily treated now with some sort of spray. I can only presume bedbugs were getting returned with used clothing...
I can't tell if this is coming from jealousy or incompetence—or perhaps a combination of both. They see the rest of the world, especially the United States and China, getting richer and more advanced, and their response seems to be to shield themselves from it instead of competing.
Volkswagen in Germany is going to lay off 100,000 jobs and shutter plants. Half of the EU is recklessly in debt. And Germany is supposed to be the good country with the good economy.
The EU is a $23 trillion economy, hardly a slouch even though it is underperforming.
The VW example is actually something you probably don't understand - they're failing because they're an inefficient business, not because of EU regulations or Germany not having a "good economy". Toyota produces almost twice as many vehicles per employee.
There is often an underlying sensible economic reason for doing things like destroying perfectly wearable shoes or burning edible crops. Understanding involves admitting things people don't want to admit to themselves.
Nike destroying shoes: the shoes they make are just cheap synthetics and foam, and the per-pair materials and manufacturing cost is a small part of the cost of the shoes. Nike is a marketing company that sorta does shoes. The shoes themselves aren't a very important part of the value they provide to people who buy their shoes. People who buy their shoes are buying a social signal about who they are and how much money they have that doesn't work if the shoes are too cheap.
My hope, however, is that this reduces overseas manufacturing in favor of domestic, which would allow retailers to dramatically reduce the shipping costs for small production batches, so that they’re able to simply produce more small batches of less-common sizes in response to demand. Sure, they might see a few percent lower profits per item, but they’ll be able to sell considerably more of their product simply by raising their supply to meet demand with finer granularity than the cheaper ‘produce an entire season one-time only and store it in a cargo container’ model offers today.
No say you estimate that you will sell 10 items of "less common size", you stock 10 items, and hope that you sell all of them. You end up selling 9, you have a remaining 10%.
How does that make a difference?
It would be very expensive for the global factory to customize the distribution of sizes manufactured for a retail store in Des Moines, Iowa. The order is tiny and it would require customized logistics, all of which greatly increases cost and complexity.
That really only applies to luxury designer brands where selling at a discount can dilute the brand prestige, is Gucci, Versace, etc. really destroying unsold inventory at large volumes vs. standard retailers?
Storing the clothes until they come back in fashion is expensive... and some materials really won't be useful after sitting for 10 years anyway. (Elastic bands really are perishable)
False. Not all apparel demand is for street cred. ‘Last season’ is about wealth signaling and FOMO, and while I do love fashion as an entertainment and my hobby in design of it, the level of flux we have now in everyday clothing shapes and fabrics is openly hostile to the non-wealthy being clothed well. I don’t know if the EU’s regulations will work in full or at all, but I’m cheering them for trying.
A while back someone on Tumblr noted that they would buy and wear a full 360° hue spectrum of 360 t-shirts in spectrum order from 0..359, just to fuck with people’s minds as their shirt is the same color day after day until suddenly “wait, I thought your shirt was green” makes the people around them feel like they’re hallucinating en masse. This joke — well, it’s not a joke, this product with great fit would sell out even at 30° intervals! — T-shirts are shaped the same year after year, and fast fashion has had to resort to mining old brand imagery to try and convince people to buy them. Meanwhile, it’s impossible to find unprinted t-shirts at outlier sizes, because that’s slightly less profitable than waves of shapeless L-XL junk. Yes, I’m fine with Hot Topic collaborations, but they need to stop being the market majority.
A key insight is that what constitutes an "unpopular size" is a very local phenomenon. Every point of retail sells a different, semi-predictable distribution of sizes. It is much cheaper to ship sizes no one will buy than to manage the logistics of exactly matching local demand for a specific distribution of sizes.
I asked the same question to someone who works in this business and got an eye-opening detailed explanation that made it obvious in hindsight why things the work the way the do. The difference in product cost and logistics infrastructure was not small.
For a high-end designer dress, may be better to not manufacture large or small sizes that don't sell frequently.
Or they could also just levy higher taxes/fees on synthetic fibers and clothing that cannot be repaired (there are several reasons), and at the same time support the industry for natural, truly biodegradable fibers and their research?
This seems like more ivory tower navel gazing.
And that doesn’t even touch on all the jurisdictional and financial shenanigans that immediately come to my mind how you can circumvent that.
Government legislatures really should have red team groups that have to be included in legislative processes with the objective of punching holes into legislation.
i think it should be expanded to cover more categories than food and clothes when reuse and recycling infra grows to take the demand. its not just good for the environment it also prevents producers from restricting supply to keep their profits high.
the ultimate goal is make it illegal to destroy or intentionally damage anything usable before it reaches consumers. that would create a new ecosystem of discount stores and giveaway centers, and save everyone a ton of money.
If those costs are paid for by taxpayers then the consumers are in effect involuntarily buying products they would not have otherwise bought, just with more steps. We already see this with agricultural subsidies.
If those costs are charged back to the producer then it becomes economically optimal to under-produce, which will cause prices to rise and risk shortages but eliminate waste. One can make the argument that higher prices for basic goods to reduce waste is a social good but it also impoverishes consumers.
All of these scenarios have happened empirically countless times. That almost every producer over-produces to some extent at no profit to themselves when allowed has strong "Chesterton's Fence" characteristics.
What you've said is: Looking only at the internalized costs, pointless-wasting a percentage of clothes costs X but reduces clothes cost in the store by Y, with Y being larger than X.
Okay. Irrelevant - that math doesn't include externalized costs. It may well be that this is a stupid idea, but "market decided destroying some clothes was more efficient" doesn't prove anything unless you can show that the size of the externalized costs to this process are 0 or close enough to 0 to have no meaningful relevance.
Or not. Who knows. The point is, this 'economically it is more efficient' is not a proven case because the externalities need to be taken into account, and so far the person I've been responding to seems to not understand this part, or is ignoring it.
The tradeoff may be worth it in some contexts, but if you don't understand that there are tradeoffs, you're going end up proposing silly policies like the original commenter's idea that nobody should ever be allowed to destroy any object a consumer could use.
Clothing is of course a bit easier to deal with (it'll still grow mildew if you don't protect it from moisture!), but the source link explicitly anticipates there will be some circumstances where it's impossible to give away clothing and authorizes destruction in that case.
All the examples I know of (Austria, Switzerland) are social clubs/associations (whatever that is called) and DO NOT depend on tax payer money.
But then of course they cry a lot when they realize how easy it has become for China and USA to squeeze them.
Tough consequences of stuff like this.
It seems rather similar to what Ross Clothing does.
Tax incentives for donations to social economy entities: Models, trends, and challenges (2025) https://social-economy-gateway.ec.europa.eu/document/downloa...
Very interesting point of view, as someone who never done a home remodel, it surely brought a new perspective for me.
> That's much more waste than a family could ever generate directly or indirectly in clothing.
I'm not sure, if you have two kids who are into trendy clothing and you're able to let them make choices around clothing, then I can imagine that there is quite high turnover on those things.
Besides, the proposed rules seems to try to address waste generated by businesses rather than individuals or families. I guess currently they throw outdated clothing in order to make space for the new clothing lines?
In fast fashion you're shipping a knock-off of the $8000 designer swimsuit seen in a Paris catwalk show at the start of July, a preview of your $150 version was shown in a TikTok video that blew up on Friday and your customers will be wearing them on the beach next weekend. By August that product is old news, you do not want that $150 product available for $5 in a discount store or your consumers might rebel - so you want to burn it instead and the EU says no, that's a perfectly good swimsuit, sell it to somebody who needs a swimsuit. Or give it away.
If "fast fashion" no longer makes economic sense now, too bad, I guess you won't do it any more. The EU's citizens do not want you to destroy the planet they live on just to get more money. We made money up. Stop being crazy.
High margin industries get more complicated to model, of course.
But I also feel like it’s a bit besides the point. Seeing pallet after pallet of perfumes getting destroyed every month should be an indication that something is not right.
The cafe at the bottom of my street has roughly that amount of waste collected every 2 weeks - they fill their commercial trash bin every 2 days. I don’t know how much of that is waste vs old food but they generate orders of magnitude more waste than I do even when I’m making a huge mess.
While living there the system changed from paying for a disposal service to pre-buying special bags that cost around 2.50chf per 35L bag. The French family moved back to France within a couple of months.
Is your separated into general/food/plastic/cardboard? As often it's the plastic bin that overflow if families are not cooking from ingredients but buying ready made food.
basically
- company cheap mass produces clothes/shoes
- new session (1/4 year) comes in (at beast)// it's fast fashion and there is a new trend (at worst)
- the "old" clothes are sold with rabatt but either before the session end or limited to clothes already shipped to stores
- this leaves a ton of clothes not shipped to physical shops and not sold in time
- selling them very strongly discounted means they compete with the new batch of different clothes, not discounting them means they might block up store space (physical store) or storage space (online shop, storage cost at scale shouldn't be underestimated, especially if some clothes just don't sell)
- so companies just destroy the unsold clothes _and write the production cost off as loss_. Turns out destroying + write off is more profitable then gifting or discounting... :(
- this is especially true for brand-clothes. They are often produced for a fraction of sales price and don't want to see their stuff being sold for more then a small discount. For some of this brand clothes their values outright lies more in "you needed to pay a bunch for it" then it "being high quality" (beyond a certain baseline of quality).
now the relevant question: Will this prevent companies from finding loopholes to still trash their clothes, especially brand clothes?
Yes it won't prevent it. But it increases the cost/complexity of it so it will likely reduce it by quite a bit. But some big next "<brand still dumps clothes through loophole>" scandal is basically just a question of time.
Still overall it looks like it will be beneficial from a wast, environment and climate POV while harming (way too) fast fashion which is good as fast fashion is harmful for all the previous points, laborer treatment, cloth quality and some others.
https://changingmarkets.org/report/trashion-the-stealth-expo...
And it's not just old clothes being discarded, another related study showed that around 30% of clothes returned from online stores are not even looked over to see if they're worth selling again and are discarded straight away.
https://environment.ec.europa.eu/topics/waste-and-recycling/...
We really have to get away from the idea that curtailing intentional industrial waste production is futile. Perhaps in American style capitalism it is because the system is rigged and the biggest money bag always wins. But we don't want this here at all.
We have to get forward as humanity and treat our planet with respect. Otherwise we won't have one worth living on. Making money isn't the only thing that counts.
Ill thought out regulations can make things worse - I am convinced this is the case for the UK's Online Safety Act, for example. That (and the proposed ban on social media for under 16s) is also promoted on "we must do something" grounds.
I am very much in favour of some proposed changes under the law - e.g. improving repairability and reusability of some product categories.
I have doubts that some discouragement of destruction of new products fixes the big underlying problem with clothing: the production of cheap junk not designed to last. Under these regulations (at least as summarised in the article), they offer it to charity, charity rejects it, then they are free to destroy it.
This is really not true at all for violent crimes. Acts of violence are not really done by rational actors, same with many crimes. The death penalty / life in prison does not deter someone who has already decided that violence is an acceptable response to situations, and the story is similar with non-violent crimes; deterrence isn't really considered when someone has already made the decision to steal or do drugs. Deterrence doesn't change the conditions that contribute to those sorts of crimes; the law is more about restoring society as best it can, and in many countries it's about retribution / revenge more than anything.
With corporations, the conditions that lead to the undesired behavior is economical, and addressing the undesired behavior through economic methods seems appropriate -- if it's no longer economical to perform the undesired behavior, the company has to decide where they want to eat the cost.
In the case of the EU ban from the article, I suppose some companies may make the decision to pack up and leave, but my experience is many in the EU would be pretty okay with this with regards to clothing. There is a lot of interest in EU regarding sustainable, made in EU clothing and reusability, etc.
So if the goal is just to reduce clothing product waste in EU, losing fast-fashion companies and some luxury brands that most of the population won't / can't buy anyways probably isn't going to be such a big deal.
What would your proposal be for fixing what you’ve identified as the underlying problem?
2. do a bunch of studies to validate it
3. go through a pretty complicated, comprehensive, pretty long review process to debate and make it work within the existing regulatory system
4. eventually implement it
5. measure its impact
6. adapt or revoke according to the results
We are at the 4th step. Why would you assume your concerns haven’t been already taken in account in all the previous steps? It’s all public, you can look for the reasoning and justification
Leading a country through neutral scientific studies is the idea of “modernism”, a pipe dream from the 1960 implemented, for example, by Disney in EPCOT. We don’t live in modernist countries - perhaps post-modernist for some, but secular for 2/3rd of the world.
In Europe, our leaders have been unable to explain why we all know someone who was raped, bombed or killed with a machete in our close social circles. Countless crimes are being done by leaders who say “It is proven by science that these side-effects won’t happen.”
All your scientific studies mean nothing at the moment that legislators want to twist them to reach a solution.
At a nearby whole foods a large portion of produce goes to waste. It's heartbreaking to see.
There's was uptick around this story 4 months ago, so I'm not sure if those were bots resurfacing it or whether something changed in the law.
John Steinbeck, The Grapes of Wrath
[0] Better link: https://www.theguardian.com/fashion/2025/jul/24/made-in-ital...
It hurts brand perception.
Let's say you have some bruised bananas. You either have to keep them on the shelf till they rot (less space for sellable product) or donate them and then people won't buy as many bananas, so you need to raise the price.
This behavior does impact prices in the normal market at the margin, particularly if it becomes normalized.
Is throwing away water in a rainforest immoral when there are thristy people in a desert? The problem is connecting the two.
The state of perishable goods is much worse. A lot is dumped in food and short shelf-life items. Nothing can be done here. This is not even a brand issue.
Do not give license to industrial production or imports that far exceeds the needs of people in that region.
That’s already regulated in multiple countries
And the more recent non-food waste ban follow-up: https://en.wikipedia.org/wiki/Anti-Waste_and_Circular_Econom...
1. This only applies to companies above a certain size.
2. Hundreds of thousands of tonnes of textiles are destroyed each year in the EU before use.
3. In Germany alone, companies destroy tens of millions of garments per year under just one of the existing justifications for destroying garments before use.