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e-mail address : enquiry@tid.gov.hk
Ref. : EIC 230/2/11
22 April 2026
Dear Sirs,
Commercial Information Circular No. 391/2026
European Union (EU)* : Derogations from the Prohibition of Destruction of Unsold Consumer Products under the Ecodesign for Sustainable Products Regulation
Further to the Commercial Information Circular No. 161/2026 of 11 February 2026, the European Commission published Delegated Regulation (EU) 2026/296 on 22 April 2026 which clarifies the rules for derogations from the prohibition of destruction of unsold consumer products under the Ecodesign for Sustainable Products Regulation (ESPR). The Delegated Regulation can be accessed through the following link: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=OJ:L_202600296.
2.In gist, the Delegated Regulation outlines the specific justified circumstances under which the destruction of unsold consumer products is permitted, which include safety risks, product damage, infringement of intellectual property rights, non-compliance with the law, etc. Economic operators are required to maintain supporting documentation, such as test reports, inspection records, donation offers, and substantiated intellectual property claims, for at least five years after the destruction.
3.The Delegated Regulation will enter into force on 12 May 2026 and apply from 19 July 2026.
4.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. |