Chapter VI of the Ecodesign for Sustainable Products Regulation (ESPR) introduces the concept of the destruction of unsold consumer products. The Regulation defines destruction to include recycling, other recovery operations and disposal, while excluding preparation for reuse, such as refurbishment or remanufacturing.refurbishment) ou a remanufactura (remanufacturing).
Although this distinction appears clear, it is difficult to apply because the boundaries between waste management operations are often blurred and key concepts in EU Waste Law remain vague.
Effective application of the destruction concept requires a precise understanding of the waste categories on which it relies, as each carries distinct legal consequences. This clarity is essential not only for implementing the ESPR, but also for applying Directive (EU) 2024/1799 on the promotion of repair, which relies on ESPR definitions.
This paper analyses the scope of the destruction concept, argues for its systematic integration into EU Waste Law, and examines its implications for legal coherence and certainty.
