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Ref. : EIC 230/2/11
11 February 2026
Dear Sirs,
Further to the Commercial Information Circular No. 531/2024 of 3 July 2024, the European Commission published Implementing Regulation (EU) 2026/2 on 10 February 2026 which lays down the rules for the application of Ecodesign for Sustainable Products Regulation (ESPR) as regards the disclosure of information on discarded unsold consumer products. The Implementing Regulation can be accessed through the following link: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202600002.
2.In gist, the Regulation establishes the details and format for economic operators to disclose information on discarded unsold consumer products, including rules on the delimitation of products types or categories and the verification of the disclosed information.
3.Economic operators are required to disclose information on unsold consumer products discarded in each financial year within 12 months after the end of that financial year, and are required to maintain supporting documentation, including evidence of the delivery and reception of the discarded unsold consumer products, for at least five years after disclosure. As stipulated under ESPR, medium-sized enterprises will be subject to the disclosure requirements starting from 19 July 2030 and micro and small enterprises are exempted.
4.The Regulation will enter into force on 2 March 2026 and apply from 2 March 2027.
5.For enquiries concerning the content of this circular, please contact the undersigned at 2398 5684.
Yours faithfully,
(Miss Jenny MOK)
for Director-General of Trade and Industry
* The EU comprises 27 member countries, namely, Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
| Note 1: | While every effort is made to ensure the accuracy of the above information, the Department cannot guarantee this to be so and will not be held liable for any reliance placed on the same. |
| Note 2: | "Regulatory Alert - EU" of the Hong Kong Trade Development Council provides up-to-date information on the latest developments in EU trade policy and trade regulations. It is available at: https://research.hktdc.com/en/regulatory-alerts/eu. |