Destruction of unsold products in France: what Spanish companies must do in 2026

Key data

If your company operates in France and has products that do not sell, this regulation affects you directly. The European Commission has adopted Decision (EU) 2026/1435, with notification reference C(2026) 4364, by which it endorses French national provisions on the destruction of unsold products. The practical result: France can maintain and apply a regulation more demanding than the European standard in the matter of managing commercial surplus.

This decision is not a minor procedural change. It sets a relevant precedent for the entire EU: other Member States could follow the same path and approve equally restrictive national regulations. Companies operating in several European markets should take this into account in their compliance planning.

What does this regulation establish?

Decision (EU) 2026/1435 is adopted under Article 114 of the TFEU, which regulates the harmonization of the European internal market. This article allows Member States to maintain or introduce stricter national provisions when there are reasons for environmental protection or workplace environment, provided the Commission approves them.

In this case, France notified the Commission of its national provisions on the destruction of unsold products, and the Commission has issued a favorable decision: France can maintain its national regulation more restrictive than the harmonized European standard.

The key elements established by the endorsed French regulation are:

• Specific obligations for companies on the treatment of unsold commercial surplus.
• Prohibition or strict regulation of product destruction practices considered environmentally harmful.
• Additional requirements compared to the current European standard in the matter of managing excess stock.
• Territorial application in France for all companies operating in that market, regardless of their country of origin.

It is important to note that Decision 2026/1435 does not detail in its text the specific technical requirements of French regulation (those appear in French national legislation), but rather validates its compatibility with European law. Companies must consult French reference legislation directly to know the exact operational requirements.

Economic and operational impact

The impact of this regulation translates into operational changes and additional costs for companies managing surplus in France. Although Decision 2026/1435 does not set specific sanctions or amounts (those data correspond to French implementing legislation), it does generate immediate business consequences:

• Process adaptation costs: Companies will need to review and modify their unsold stock management protocols to comply with French requirements, which may involve new traceability procedures, documentation and regulated disposal.
• Regulated destruction costs: French regulation requires that the destruction of surplus be carried out in a regulated manner, which may involve the use of authorized managers and a higher cost per unit destroyed compared to previous methods.
• Risk of non-compliance: Operating in France without adapting processes exposes the company to sanctions provided for in French legislation, the amount of which depends on the applicable national regulation.
• Precedent for other markets: Given that this decision may set a precedent for other Member States, companies with operations in several European countries should anticipate possible similar changes in other markets.

Who does it affect?

This regulation directly affects:

• Spanish companies with subsidiaries, warehouses or distribution in France that manage unsold products or stock surplus.
• Manufacturers and distributors of consumer goods, fashion, electronics, food and any sector with commercial surplus.
• Logistics operators and e-commerce with fulfillment centers or returns in French territory.
• Importers and exporters that use France as a market or European distribution platform.
• CFOs and operations directors responsible for inventory management and regulatory compliance in France.
• Legal advisors and consultants that accompany companies with presence in the French market.

Practical example

Imagine a Spanish fashion company with a warehouse in Lyon that, at the end of each season, accumulates several thousand unsold garments. Until now, part of that surplus was destroyed through its own methods without following a specific regulated protocol.

With French regulation endorsed by Decision (EU) 2026/1435, that company is required to manage that destruction in a regulated manner: it will have to prove that products are eliminated through procedures that are not environmentally harmful, possibly through authorized managers, donation, reuse or recycling in accordance with French requirements.

The operational impact includes: reviewing contracts with waste managers in France, updating internal season-end procedures and training the local team on new requirements. Failing to adapt these processes before the next campaign means operating outside French law from 26 June 2026, the date when the decision is already in force.

What should companies do now?

1. Identify if you have operations in France with surplus management: Review whether your company has warehouses, subsidiaries, distributors or logistics agreements in France that involve the management of unsold products.
2. Consult the reference French regulation: Decision 2026/1435 endorses French national legislation. Access the specific French legal texts on destruction of surplus to know the concrete technical requirements applicable to your sector.
3. Audit current unsold stock management protocols: Compare your current procedures with French requirements and identify compliance gaps.
4. Review contracts with waste and destruction managers in France: Ensure that the suppliers managing your surplus in France are authorized and comply with current regulations.
5. Update internal procedures and train the local team: Operations, logistics and compliance teams in France must know the new obligations and apply them from now on.
6. Monitor possible changes in other European markets: This decision may set a precedent. Anticipate that other Member States could approve similar regulations and prepare an adaptable compliance framework.

Official source

Consult complete regulation in official source — EUR-Lex CELEX:32026D1435

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32026D1435