Recital 58

(58) In order to take account of the environmental impact of the destruction of other types of unsold consumer products, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to amend this Regulation by adding new products to the list of consumer products of which the destruction by economic operators is prohibited. Given the wide range of products that may potentially be destroyed without ever being sold or used, it is necessary that the Commission assess the extent to which the destruction of such products takes place in practice, taking into account the information made available by economic operators where appropriate. To ensure that this obligation is proportionate, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by setting out specific derogations under which destroying unsold consumer products can still be permitted, for instance in view of health and safety concerns. To monitor the effectiveness of such prohibition and to disincentivise circumvention, economic operators should be required to disclose the number and weight of unsold consumer products discarded, the reasons for discarding those products and applicable derogations. Finally, to avoid any undue administrative burden for micro and small enterprises, they should be exempted from the prohibition of destruction of specific products set in this Regulation. That prohibition should start applying to medium-sized enterprises six years after the entry into force of this Regulation. However, where there is reasonable evidence that micro and small enterprises could be used to circumvent that prohibition, the Commission should be able to require in delegated acts that the prohibition of destruction of unsold consumer products or the disclosure obligation apply to those enterprises for specific products.

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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.