art_25__para_5

5. The Commission shall adopt delegated acts in accordance with Article 72 to supplement this Regulation by setting out derogations from the prohibition of destruction of unsold consumer products listed in Annex VII where it is appropriate for any of the following reasons: health, hygiene and safety reasons; damage caused to products as a result of their handling, or detected after products have been returned, which cannot be repaired in a cost-effective manner; unfitness of products for the purpose for which they are intended, taking into account, where applicable, Union and national law and technical standards; non-acceptance of products offered for donation; unsuitability of products for preparing for reuse or for remanufacturing; unsaleability of products due to infringement of intellectual property rights, including counterfeit products; destruction is the option with the least negative environmental impacts. Those delegated acts may also, where relevant, provide that the prohibition to destroy unsold consumer products referred to in paragraph 1 of this Article or the disclosure obligation set out in Article 24 apply to micro and small enterprises where there is sufficient evidence that such enterprises could be used to circumvent that prohibition or that obligation. The first delegated act referred to in the first subparagraph shall be adopted by 19 July 2025.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.