1.   

By letters of 28 November and 26 December 2025, France notified the Commission of its wish to maintain national provisions on the destruction of unsold products, which differ from Regulation (EU) 2024/1781 of the European Parliament and of the Council of 13 June 2024 establishing a framework for the setting of ecodesign requirements for sustainable products (1), in the French Environmental Code. The notification concerns the application of the prohibition of the destruction of unsold products listed in Annex VII to Regulation (EU) 2024/1781 to medium-sized enterprises before 2030, and the application of the national provisions on the destruction of unsold products to other product groups not listed in Annex VII to all enterprises. France considers that the national provisions it intends to maintain on grounds of major needs referred to in Article 36 of the Treaty on the Functioning of the European Union (TFEU) and relating to the protection of the environment are stricter than those of Regulation (EU) 2024/1781.

2.   

Destruction is defined as any intentional damaging or discarding of a product with the exception of discarding for the sole purpose of delivering the discarded product for preparing for reuse, including refurbishment or remanufacturing operations. This means that, under Regulation (EU) 2024/1781, recycling is considered destruction.

Annex VII lists apparel and clothing accessories and footwear as consumer products of which destruction is prohibited. The Commission may adopt delegated acts adding new product categories to this list.

3.   

With regard to the products listed in Annex VII to Regulation (EU) 2024/1781, namely apparel, clothing accessories and footwear, France intends to maintain its national provisions applicable to medium-sized enterprises between 2026 and 2030. The national obligations already in force would therefore apply to this type of economic operators without interruption, until the obligations under Regulation (EU) 2024/1781 start applying to them on 19 July 2030.

In this context, it is also important to note that, regarding the products covered by Annex VII to Regulation (EU) 2024/1781, France intends to amend its law to align the requirements concerning these products with the requirements of the Regulation, by: (i) excluding recycling from the operations allowed for products covered by the prohibition; and (ii) by exempting micro and small enterprises from the prohibition. To this effect, France has notified the draft provisions, presented to the Council of Ministers on 10 November 2025, which incorporate these amendments.

Furthermore, France intends to maintain its national provisions concerning the destruction of unsold products for other product groups not covered by Annex VII to Regulation (EU) 2024/1781, that is for products for which the Regulation has not introduced any specific provisions restricting their destruction. These national provisions would apply to enterprises of all sizes and would maintain the national obligations related to the management of unsold consumer products, namely reusing as a priority and otherwise recycling.

4.   

According to France, every year almost 10 000 tonnes of unsold non-food products are destroyed. For all sectors combined, unsold products in France account on average for 3 % of the turnover of the undertakings concerned. Moreover, France points out that diverting 1 kg of textiles and household linen from household waste for reuse or recycling saves 14 kg of CO2-equivalents. France considers that maintaining its national provisions will help limit waste and preserve natural resources, biodiversity and climate.

Furthermore, France highlights that economic operators have started to organise themselves and adapt their practices to these requirements. It is important that all enterprises be covered by the requirements, irrespective of their sizes, especially that some sectors, e.g. furniture, are largely made up of SMEs. France also emphasises that the national measures apply in a non-discriminatory manner to all undertakings operating on national territory, whether they are French or foreign, and concern both domestic products and products manufactured in other Member States and imported into France.

Second, with regard the product groups mentioned in Annex VII to Regulation (EU) 2024/1781, France notes that, while for large enterprises, the Regulation will take over from 2026 the national scheme without interruption, this would not be the case for medium-sized enterprises. France would therefore be forced to suspend all obligations against them between 2026 and 2030. The unsold products in this sector would be destroyed again, which would run counter to the gains in terms of environmental protection.

5.   

The Commission will process the notification of France in accordance with Article 114(4) and (6) TFEU. Article 114(4) provides that if, after the adoption of an EU harmonisation measure, a Member State wishes to maintain its more stringent national provisions on grounds of major needs referred to in Article 36 TFEU or relating to the protection of the environment or the working environment, it shall notify them to the Commission indicating the reasons for maintaining them. Following the notification of the national provision, the Commission has, under Article 114(6), six months to approve or reject it. In this period the Commission will verify whether the national provision can be considered a measure existing prior to harmonisation and derogating from the harmonisation rules. In the affirmative, the Commission will check if its maintenance is justified on grounds of major needs referred to in Article 36 TFEU or relating to the protection of the environment, and that it does not constitute a means of arbitrary discrimination or a disguised restriction on trade and does not create an unnecessary and disproportionate obstacle to the functioning of the internal market.

6.   

Any party who wishes to provide comments on this notification must send them to the Commission at the contact details mentioned below, within 30 days from the publication of this notice. Any comment submitted after this period will not be taken into account.

7.   

Email: ENV-PRODUCT-POLICY@ec.europa.eu