COMPLIANCE DEEP DIVE

National Rules on Top of the DPP: France's Environmental-Cost Label and Textile Law, Spain's Draft Decree, PFAS Bans and Where ESPR Article 3 Draws the Line

by Lior Gabriel Graetz LG Fashion LabsPublished 21.10.2026Updated 23.10.2026Short version ~2 minFull guide ~21 min

The short version≈ 2 min read   Skip to the full guide ↓

France regulates the environmental cost of clothing and requires the places of manufacture next to the online price; Denmark and France ban PFAS in clothing; Spain has notified a draft decree. Once a textile act exists, ESPR Article 3 limits national rules only on product parameters the act addresses: not blanket preemption.

Article 3 and national rules (our reading)

  1. Environmental costAnnex I (m), (n)Likeliest overlap
  2. Place of manufactureNot in Annex IOutside
  3. EPR rulesWaste lawOutside
  4. PFAS bansAnnex I (f)Only if act sets/rules out

No textile act yet: Article 3 displaces nothing

Source: ESPR (Regulation (EU) 2024/1781), Article 3 and Annex I. Our interpretation, not settled law. Simplified; the full guide below is authoritative.

What you need to know

  1. 1

    No textile delegated act yet.

    No ESPR act sets requirements for textiles. The Commission’s textile page gives Q4 2027 as the planned adoption. §1

  2. 2

    France: environmental cost, regulated if you use it.

    No general duty to display it. Whoever voluntarily communicates it must follow the decree; anyone communicating another environmental score must also communicate it (Art. D. 541-245). §3

  3. 3

    France: places of manufacture, representative, penalties.

    Law No 2026-602 requires places of manufacture next to the online price (in our reading, applying now), an EPR “authorised representative” in France for producers established elsewhere, and per-product eco-modulation penalties (in force since 1 September 2026). §4

  4. 4

    Spain: a draft only.

    The notified Royal Decree would require producer registration and an authorised representative for distance sellers. No final text; it may change. §5

  5. 5

    PFAS: Denmark and France already ban it.

    Denmark bans the import and sale of clothing and footwear for private use where an article contains 50 mg F/kg or more total fluorine, since 1 July 2026; stock may be sold until 1 January 2027. France’s PFAS decree, in force since 1 January 2026, sets thresholds and exemptions. §6

  6. 6

    Article 3 draws a narrow line.

    Member States may not block products that comply with a delegated act over national requirements on Annex I parameters the act covers, or expressly leaves without requirements (Art. 3(2), (4)). In our reading, the environmental cost is the likeliest overlap; the origin display and EPR rules sit outside. §7

What to do now

When does this apply to fashion?

Today

National law applies

No textile delegated act exists, so Article 3 displaces nothing.

Denmark

1 January 2027

End of sales from traders’ stocks under the Danish PFAS order (§ 6).

Indicative

Q4 2027

Planned adoption of the ESPR delegated act for textiles, per the Commission’s textile page. No date is fixed.

Status of the guide: 23 October 2026. Based on ESPR (Regulation (EU) 2024/1781), Articles 3 and 4(4) and Annex I, Directive (EU) 2015/1535, and the national measures in TRIS. A simplified summary: the full guide below and the EU texts are authoritative. Not legal advice.

Full guide · in full detail · ~21 min

Everything below is the complete, sourced guide. ↑ Back to the short version

No ESPR delegated act sets ecodesign or Digital Product Passport (DPP) requirements for textiles yet, and the Commission's textile page gives Q4 2027 as the planned adoption. National rules have not waited. France has regulated how the environmental cost of clothing is calculated and communicated since 1 October 2025. Its Law No 2026-602 of 8 July 2026 requires the places of manufacture to be shown next to the price online, an EPR representative in France for producers established elsewhere, and per-product eco-modulation penalties. Denmark's ban on clothing and footwear containing PFAS has had effect since 1 July 2026, France's PFAS decree has been in force since 1 January 2026, and Spain has notified a draft Royal Decree on textile and footwear products and their waste.

Each of these measures went through the EU notification procedure of Directive (EU) 2015/1535, and the Commission's Technical Regulation Information System (TRIS) hosts the notified drafts and, for most of them, the adopted texts. This guide reads each measure in the text TRIS hosts, gives its status on 21 October 2026, and explains where Article 3 of the ESPR will limit national information requirements once a textile delegated act exists. The short version: Article 3 concerns national requirements on product parameters that a delegated act actually covers. In our reading it does not reach EPR fees or a place-of-manufacture display, and reaches chemical bans only if a textile act sets, or expressly rules out, performance requirements on the use of substances. One product-data model can serve the national rules now and the DPP later.

None

ESPR delegated acts for textiles adopted by 21 October 2026. The Commission's textile page gives Q4 2027 as the planned adoption.

1 Jul 2026

Date from which Denmark's ban on clothing and footwear for private use with 50 mg F/kg or more total fluorine has effect. Sales from traders' stocks are allowed until 1 January 2027 (§ 6 of the order).

€0.25–€12

Range of a French EPR eco-modulation penalty per textile product in 2026. The range rises each year to €2–€20 per product from 2030 (Environmental Code, Article L. 541-10-27, II).

1. Why national rules matter before the textile DPP exists

The DPP for clothing will come through a delegated act under the Ecodesign for Sustainable Products Regulation (ESPR), Regulation (EU) 2024/1781, and none exists yet. The Publications Office records checked on 21 October 2026 list four acts adopted on the basis of the ESPR: the decision setting up the Ecodesign Forum, the implementing and delegated regulations on unsold consumer products, and the implementing regulation on the DPP registry. None sets requirements for textiles. The Commission's textile-apparel DPP page states: "Q4 2027: Planned adoption of the ESPR Delegated Act for textiles". Even after adoption, "The date of application of a delegated act shall not be earlier than 18 months from its entry into force", except in the cases Article 4(4) of the ESPR allows.

Member States have not waited. A brand that sells clothing in France or Denmark faces national product rules today, some with their own data model and display rules, and Spain has notified a draft decree. Because they are technical regulations, each had to be notified to the Commission as a draft before adoption, and each can be read in TRIS. The first order on EPR penalties (2026/0457/FR) reached the Commission only after it had been adopted and published (section 4). This guide covers nine TRIS records: the French environmental-cost decree and order (2025/0086/FR and 2025/0087/FR), the French textile law (2025/0336/FR) and the related orders on EPR penalties (2026/0457/FR, closed early; 2026/0559/FR, withdrawn; and 2026/0560/FR, the adopted text), Spain's draft Royal Decree (2026/0266/ES), the Danish PFAS order (2024/0646/DK) and the French PFAS decree (2025/0431/FR). For the French law, we cover the provisions on product data, the EPR representative and eco-modulation penalties. Its definition of ultra-express fashion, the advertising ban and the ban on influencer promotion are outside this guide's scope.

There are two reasons these rules matter for DPP planning. First, they ask for much of the same data the DPP will: materials, mass, places of manufacture, repair offer, substance test results. Second, ESPR Article 3 will decide which national information and performance requirements can still be enforced against compliant products once the textile delegated act exists. Section 7 explains where that line runs.

2. How national product rules reach the EU: notification and standstill under Directive (EU) 2015/1535

Directive (EU) 2015/1535 requires Member States to communicate to the Commission any draft technical regulation immediately, with the reasons for it (Article 5(1)). After adoption they must "communicate the definitive text of a technical regulation to the Commission without delay" (Article 5(3)). The Commission and the other Member States may comment on a draft, and the notifying Member State has to take those comments into account as far as possible (Article 5(2)).

The core of the procedure is the standstill. Article 6(1) provides: "Member States shall postpone the adoption of a draft technical regulation for three months from the date of receipt by the Commission of the communication referred to in Article 5(1)". If, within those three months, the Commission or another Member State delivers a detailed opinion "to the effect that the measure envisaged may create obstacles to the free movement of goods within the internal market", the postponement runs for six months from receipt for a draft technical regulation on goods. It runs for four months for a voluntary agreement and for a draft rule on services (Article 6(2)). Article 6(2) then requires: "The Member State concerned shall report to the Commission on the action it proposes to take on such detailed opinions". "The Commission shall comment on this reaction". The postponement is 12 months where, within the first three months, the Commission announces its intention to propose or adopt a Union act on the matter, or finds that the matter is covered by a pending proposal (Article 6(3) and (4)). Article 6 does not apply to technical specifications linked to fiscal or financial measures (Article 7(4), referring to point (iii) of the second subparagraph of Article 1(1), point (f)).

A TRIS record shows the notification number, the date the Commission received the draft, the end of the standstill (with the extended date in brackets where a detailed opinion extended it), who issued comments or detailed opinions, links to the draft and final texts, and the disclosed messages exchanged in the procedure. The French and Danish measures in this guide are available in TRIS in the original language and in translations, and so are their final texts where TRIS has them. TRIS notes that "the only authoritative version of the final text is the version in the original language(s) as published according to national rules". That matters in practice: TRIS's English translation of Law No 2026-602 gives the 2030 penalty range as "2 and 22 euros per product from 2030 onwards", while the French original reads "Deux et vingt euros par produit à partir de 2030", that is €2 to €20. Read figures in the original.

How this guide reports the procedure

We state whether and when the Commission or a Member State issued comments or a detailed opinion on a notification, and what the Directive attaches to a detailed opinion. We do not summarise their content. Where TRIS does not host an adopted text, we say so and rely only on what TRIS shows.

3. France: the environmental-cost framework for clothing

The framework consists of Décret n° 2025-957 of 6 September 2025 and an Arrêté (ministerial order) of the same date, both published in the Journal officiel of 9 September 2025 and in force since 1 October 2025. They were notified as 2025/0086/FR and 2025/0087/FR. The decree inserts Articles D. 541-240 to R. 541-246 into the French Environmental Code. It applies to new or remanufactured textile products placed on the French market for consumers and defined by ministerial order (Article D. 541-241). The order limits this to products within the scope of Regulation (EU) No 1007/2011, excluding non-clothing textiles such as household linen and coverings, single-use clothing, clothing with electronic components, and clothing of which more than 20% of the mass consists of materials the methodology does not model (Article 1 of the order). The environmental cost is a whole number above zero, expressed in impact points, aggregating impact categories over the life cycle (Article D. 541-240, 8°). It is calculated per product reference: all units that share technical characteristics such as colour, material composition, shape and texture, sizes aside (Articles D. 541-240, 5°, and D. 541-242).

Displaying the environmental cost is not required as such, except under Article D. 541-245 (below). But a manufacturer, importer or other party placing products on the market that voluntarily communicates it, on any physical or digital medium, is bound by Article D. 541-243. The cost must be accessible at the time of purchase. It may be updated at most once every three months, and must be updated within twelve months of a change in the methodology, unless it was marked on the product or its packaging. It must be presented with the official signage. Before any communication, the data must be put on the portal designated by the order. Public: the score, its breakdown by impact category and the durability coefficient, the identification of the reference, the date of calculation, the legal nature of whoever calculated it and the methodology version. For the authorities only, for control and policy monitoring: the data used for each parameter. The party publishing is responsible for the data and must follow the portal's data schema.

The decree also binds people who never chose to publish an environmental cost. Article D. 541-245 provides: "Toute personne morale ou physique qui communique volontairement sur un score relatif à un ou plusieurs impacts environnementaux d'un produit textile doit également communiquer sur le coût environnemental" (TRIS English translation: "Any legal or natural person who voluntarily communicates on a score relating to one or more environmental impacts of a textile product must also communicate on the environmental cost"). The other score must not contradict the environmental cost or cause confusion with it, and if it appears on a physical medium, so must the environmental cost. Until 1 October 2026 this obligation applied only where the manufacturer, importer or other party placing the product on the market had itself calculated and communicated the cost for the references concerned. That condition has now expired. Third parties such as retailers may also calculate and communicate the cost of a reference under the same conditions. Where the manufacturer, importer or other party placing the product on the market has determined its own figure, others must use it and update theirs within one month (Article D. 541-244). Anyone who calculates or communicates the cost must keep the justification available to the control authorities (Article R. 541-246).

The order sets the data model. Article 7 lists 17 reference parameters, and splits them into two groups:

GroupParameters (Article 7 of the order)How they are filled
Mandatory1° product type; 2° mass of the finished product; 8° nature and percentage of the materials (those that make up at least 2% of the mass and 5% of the modelled impact); 11° geographical origin of weaving or knitting; 12° geographical origin of finishing or printing; 14° geographical origin of making-upProduct-specific data, under the conditions of the methodology
Optional3° remanufactured or not; 4° number of references on the market segment; 5° reference price; 6° company size and repair services offered; 7° whether the geographical traceability of production steps is visibly displayed; 9° geographical origin of the raw materials; 10° geographical origin of spinning; 13° type of printing; 15° fabric-fading (délavage) process; 16° share of air transport; 17° accessories in the sales unit, such as buttons, zips and underwiresProduct-specific data where available, otherwise a default value

The model includes a durability coefficient between 0.67 and 1.45 that adjusts the theoretical days of use for each product type. It combines two criteria weighted at 50% each: range width, meaning the maximum number of references a brand offers on the market segment, and the incentive to repair, meaning the ratio of the average repair cost to the reference price, together with whether a repair service is offered (Article 6). The calculation uses the 16 impact categories of Commission Recommendation (EU) 2021/2279 with set normalisation and weighting factors, doubles the modelled freshwater ecotoxicity of organic molecules, and adds two categories expressed directly in points: textiles exported outside the EU after collection, and microfibre release (Article 5). The mandatory signage shows the words "Coût environnemental", the points and the points per 100 g. Online, it links to the information published on the portal. In a shop or online it must be at least the size of the price figures, and it may never be smaller than any other environmental score shown for the same reference (Article 8).

4. France: Law No 2026-602 on product data, the EPR representative and eco-modulation penalties

Law No 2026-602 of 8 July 2026 aimed at reducing the environmental impact of the textile industry was published in the Journal officiel of 9 July 2026. It was notified as a draft in June 2025 (2025/0336/FR), and the adopted text differs from the draft on the points that matter here. The draft referred to the geographical origin of textiles; the adopted text speaks of places of manufacture. The draft tied EPR fee modulation to the durability coefficient of the environmental-cost methodology and set minimum penalties rising from €5 per product in 2025 to €10 in 2030; the adopted text uses different criteria and amounts. Everything below is read from the adopted text that TRIS hosts.

Places of manufacture online. Article 2 of the law inserted Article L. 541-9-1-2 into the Environmental Code: "Les lieux de fabrication du produit mentionné au 11° de l'article L. 541-10-1 vendu en ligne doivent être portés à la connaissance du consommateur de manière claire et lisible sur la plateforme numérique, en caractères d'une taille égale à celle de l'indication du prix et à proximité de celui-ci" (TRIS English translation: "The places of manufacture of the product referred to in Article L541-10-1(11°) that is sold online must be made known to the consumer in a clear and legible manner on the digital platform, in characters of the same size as those used for the price and displayed close to the price"). Point 11° of Article L. 541-10-1 covers the products of the French EPR scheme for textiles, household linen and footwear (TLC): the TLC specifications order notified as 2026/0457/FR cites that point as its basis. The article does not say which manufacturing steps count as places of manufacture, does not name who must display them, and does not call for an implementing decree. Unlike parts of Articles 4 and 5 and Articles 6 and 7, Article 2 sets no later date of application. In our reading, it should be treated as applying now to clothing, household linen and footwear sold online in France. For the steps, the environmental-cost order's mandatory parameters (weaving or knitting, finishing or printing, making-up) are a reasonable reference point, but the law does not refer to them.

EPR representative. Article 5 inserted Article L. 541-10-9-1. A person not established in France that is subject to EPR under Article L. 541-10 or L. 541-10-9 must appoint, by written mandate, a natural or legal person established in France as its authorised representative (mandataire) for its EPR obligations. The authorised representative takes over all the EPR obligations covered by the mandate it accepts. The obligation is deemed met for products for which a person referred to in Article L. 541-10-9 and established in France ensures compliance with the EPR obligations. The provision is not limited to textiles, and the law sets no later date for it. How the French textile EPR scheme compares with other countries is covered in Which EU Countries Already Have Textile EPR? France, Netherlands and Hungary Compared.

Eco-modulation and penalties. Article 5 also amended Article L. 541-10-3. EPR contributions are now modulated by criteria that include environmental impact, notably damage to biodiversity and the carbon footprint, and, where possible, by industrial and commercial practices that influence how long a product is used and the likelihood that it becomes waste. For TLC products, a new paragraph II of Article L. 541-10-27 adds modulation by the breadth of the product range or the frequency of offers and by the incentive to repair, within the meaning of Directive (EU) 2025/1892. The scheme's specifications (cahier des charges) set the conditions and the amounts per product category. Where the modulation takes the form of a penalty, the law fixes a range per product that depends on the year:

YearPenalty per product (Article L. 541-10-27, II)
2026€0.25 to €12
2027€0.50 to €14
2028€0.75 to €16
2029€1 to €18
From 2030€2 to €20

Penalised products cannot receive bonuses. On a reasoned request from the producer, the producer responsibility organisation must cap the bonus or penalty at 50% of the product's sale price excluding tax, regardless of the ranges above. Paragraphs II to V of Article L. 541-10-27 entered into force on 1 September 2026 (Article 5, II, of the law). They also allow the producer responsibility organisations to collect data automatically from online marketplaces and platforms, under conditions to be set by decree. The EU-level background is in What Is Textile EPR? The EU's New Producer-Pays Rules for Fashion Waste.

The penalty order. France first notified the amounts as 2026/0457/FR: a draft Arrêté of 24 August 2026 amending the TLC specifications of 23 November 2022, to apply from 1 September 2026. TRIS classes that measure as fiscal, shows the standstill as not applicable, and hosts the draft only. On 25 September 2026 the Commission closed the procedure early, giving as the reason that the text had already been adopted and published in the official gazette, and invited France to regularise the situation by repealing the text or notifying a new draft. On 16 October 2026 France notified a new draft, 2026/0560/FR, and TRIS now hosts the adopted text: the Arrêté of 20 October 2026, published in the Journal officiel of 21 October 2026, which enters into force the day after its publication. It replaces sub-paragraph 2.2.3.1 of the TLC specifications. Contributions carry a penalty for products with a score D of 0.8 or less. D = 0.67 + (1.45 − 0.67) × (0.5 × G + 0.5 × R), where G is range width and R the incentive to repair, each an index between 0 and 1. The environmental-cost methodology is deemed to satisfy the calculation rules. The amounts per product type, unchanged from the 2026/0457/FR draft, run, for example, from €2 for a T-shirt or polo in 2026 and 2027 to €3.50 from 2030, from €9 to €17.25 for jeans, and from €12 to €19.50 for a coat or jacket. The same range and repair data that feed the voluntary environmental cost therefore also drive a mandatory EPR penalty.

Still pending. The law calls for Conseil d'État decrees: on the thresholds and repair criteria that define ultra-express fashion (Article L. 541-9-1-1, V), on the awareness messages that platforms practising it must display (III), on automated data collection by producer responsibility organisations (Article L. 541-10-27, III) and on the advertising ban, which applies from 1 January 2027 (Article L. 229-61-1, IV). A TRIS search on 21 October 2026 found no notified draft of these decrees.

5. Spain: the draft Royal Decree on textile and footwear products (draft only)

Draft, not law

Spain notified the draft on 27 May 2026 (2026/0266/ES). The Commission issued a detailed opinion with comments on 28 August 2026, and Spain answered on 11 September 2026. TRIS shows the end of the standstill as 28 August 2026, with 28 September 2026 in brackets. The Commission's message transmitting the detailed opinion (TRIS/(2026) 2396) states that the opinion extends the standstill period until 30 November 2026. On 21 October 2026 TRIS hosts no final text, and the draft is available in Spanish and English only. Everything in this section describes the draft as notified and may change.

The draft is mainly a waste and EPR measure: the notification message describes it as transposing Directive (EU) 2025/1892. It covers all textile and footwear products placed on the market and the waste from them generated in Spain, excluding products for professional use, including military use, that may pose safety, health or hygiene risks (Article 3). Annex I lists the products by Combined Nomenclature code. A brand established in another Member State or outside the EU that sells to end users in Spain by distance communication is a producer (Article 2, point (l), 4º). It would have to appoint an authorised representative in Spain by written mandate (Article 20).

The product-data points in the draft are these. Producers register in a textile and footwear section of Spain's Register of Product Producers within three months of entry into force, or before placing products on the market. Only registered producers may place products on the market (Articles 17(1) and 19(1)(a)). The registration number must appear on invoices and on any document accompanying commercial transactions up to the point of sale (Article 17(4)). Online platforms must obtain the producer's registration number and a self-declaration of EPR compliance before letting it use their services. As notified, they must also show the producer's registration number in a visible place for each product (Article 22(3)); in its answer of 11 September 2026 (TRIS/(2026) 2541), Spain announced that this paragraph will be deleted. Producers report annual quantities to the ministry by 31 March (Article 18) and give their collective scheme the data it needs by 28 February (Article 19(1)(e)). Producers above 2.5% of the national total must draw up prevention and ecodesign plans (Article 7(2)). Fees are to be modulated by ESPR ecodesign requirements and by fast and ultra-fast fashion practices (Article 28(3)). The decree would enter into force the day after publication in the Boletín Oficial del Estado. Businesses with fewer than ten employees and annual turnover of no more than €2 million would get 12 extra months for their producer obligations (fourth final provision).

6. National PFAS bans for clothing and footwear: Denmark and France

Denmark. The order of 2 May 2025 on the prohibition of import and sale to consumers of clothing, footwear and certain waterproofing agents containing PFAS was notified as 2024/0646/DK. Its § 3(1) provides: "Erhvervsdrivende må ikke importere eller sælge": "Beklædning eller fodtøj til eget eller andres private brug, hvor mindst én artikel, der indgår i beklædningen eller fodtøjet, indeholder et totalt fluorindhold på 50 mg F/kg eller derover" (TRIS English translation: "Traders shall not import or sell": "Clothing or footwear for own or others’ private use, where at least one article included in the clothing or footwear contains a total fluorine content of 50 mg F/kg or more"). The same applies to waterproofing agents for clothing or footwear for private use, and private individuals may not import such products (§ 3(1)–(2)). PFAS means any substance with at least one fully fluorinated methyl or methylene carbon atom without any hydrogen, chlorine, bromine or iodine atom attached (§ 1). The ban does not apply to reuse or recycling of clothing or footwear, certain personal protective equipment and agents for re-impregnating it, medical devices or goods in transit (§ 3(3)). It does not apply where the fluorine comes from a substance that is not PFAS, which the Danish Environmental Protection Agency may ask the business to document (§ 3(4)). The order does not cover PFAS in these products that are regulated under REACH or the persistent organic pollutants regulation (§ 2(1)), nor PFAS that contain only the structural elements listed in § 2(2). It entered into force on 1 July 2025. The prohibitions have had effect since 1 July 2026, and sales from traders' stocks are allowed until 1 January 2027 (§ 6). Breaches are punishable by a fine, and in aggravated cases by up to two years' imprisonment (§ 5).

France. Décret n° 2025-1376 of 28 December 2025, published on 30 December 2025 and notified as 2025/0431/FR, implements Articles L. 524-1 and L. 524-2 of the Environmental Code as amended by Law No 2025-188 of 27 February 2025. The prohibitions themselves are in Article L. 524-1. TRIS hosts only the decree; a TRIS search on 21 October 2026 found no record for the law. The decree's introductory notice describes bans on the manufacture, import, export and placing on the market of products containing PFAS, including textile products and footwear. The decree sets the residual concentrations above which they apply: 25 ppb for any PFAS measured by targeted analysis and 250 ppb for the sum of PFAS, both excluding polymers, and 50 ppm for PFAS including polymers. Where total fluorine exceeds 50 mg F/kg, the business must prove on request whether the fluorine comes from PFAS (Article D. 525-4). Exemptions include personal protective equipment under Regulation (EU) 2016/425. They also include clothing textiles and footwear containing at least 20% recycled material from post-consumer waste, with the PFAS allowed in proportion to the recycled share (Articles D. 525-2 and D. 525-3). The decree entered into force on 1 January 2026. Products listed in Article L. 524-1, I, that contain PFAS and were made before that date may be placed on the market or exported for at most twelve months from it (Article 2).

Neither measure is EU law. Both texts tie their thresholds to the EU chemicals framework: the Danish order excludes PFAS already regulated under REACH or the POPs regulation, and the French decree says its values are to be revised if the technical rules under those regulations change. The EU side, meaning what REACH already restricts and what is still a proposal, is covered in PFAS in Fashion: What REACH Already Bans, and What’s Still Only a Proposal.

7. Where ESPR Article 3 draws the line

Article 3(2) of the ESPR contains two parallel rules, one for performance requirements and one for information requirements. The second reads: "Member States shall not prohibit, restrict or impede the placing on the market or putting into service of products that comply with the information requirements set out in delegated acts adopted pursuant to Article 4 for reasons of non-compliance with national information requirements relating to product parameters referred to in Annex I covered by information requirements included in such delegated acts". Three conditions must therefore be met. The national requirement relates to a product parameter listed in Annex I. The delegated act includes information requirements covering that parameter. And the product complies with the act's information requirements. Article 3(4) adds a mirror rule: where a delegated act establishes that no requirements are to be set for a specific Annex I parameter, Member States may not block products for non-compliance with national requirements on that parameter. Recital 18 explains the intent: once a delegated act is adopted, Member States should "no longer be allowed to set national information requirements based on product parameters covered by such information requirements laid down in that delegated act". Article 3 contains no general without-prejudice clause. Its only exception, Article 3(3), concerns building energy performance requirements under Directive (EU) 2024/1275.

So Article 3 is not blanket preemption. Today it displaces nothing in the textile sector, because no textile delegated act exists. When one is adopted, the effect will depend on the parameters it covers. The table gives our reading for each measure; it is an interpretation, not settled law.

National measureClosest ESPR hookOur reading
France: environmental cost (decree and order)Annex I, points (m) environmental footprint and (n) carbon footprintThe likeliest overlap. If the textile act sets information requirements on the environmental footprint, Article 3(2) could stop France from relying on its scheme against compliant products. If the act decides that no requirement is needed for that parameter, Article 3(4) could. Whether a voluntary but regulated label impedes placing on the market is an open question.
France: places of manufacture next to the online priceNone in Annex I. A DPP may contain unique facility identifiers (Annex III, point (i)), but that is DPP content, not a product parameterOutside Article 3(2) and (4).
France: EPR representative and eco-modulation penalties; Spain: draft EPR and register rulesNone. EPR is waste law (Directive 2008/98/EC as amended by Directive (EU) 2025/1892)Outside Article 3, which concerns placing on the market of products that comply with ecodesign requirements. Spain's draft itself ties its fee modulation to ESPR ecodesign requirements.
Denmark and France: PFAS bansAnnex I, point (f) use of substances; but under Article 6(3), performance requirements based on point (f) "shall not restrict, for reasons relating primarily to chemical safety, the presence of substances in products"Article 3(2) could matter only if a textile act set performance requirements on the same parameter, and Article 3(4) only if the act established that no performance requirements are to be set for it. A chemical-safety ban otherwise sits outside it; its relation to REACH is a separate question.
France: advertising and influencer bans for ultra-express fashion (from 1 January 2027)NoneOutside Article 3: they regulate promotion, not product parameters.

Article 3 is not the only EU-law limit on national product rules, and this guide does not assess the national measures against other EU law. For a brand, the practical conclusion is narrower. Expect the French environmental-cost rules to be revisited when the textile act arrives. In our reading, Article 3 leaves the origin display and the EPR rules untouched, and could reach the PFAS bans only if the textile act set, or expressly ruled out, performance requirements on the use of substances. Otherwise, whether these rules change is a matter for France, Denmark or other EU acts.

8. Status on 21 October 2026

Status on 21 October 2026

Dates as the TRIS record pages showed them on 21 October 2026 (accessed between 19:18 and 19:24 CEST). Comments and detailed opinions are listed by date only. In the last column, a date means that TRIS acknowledged receipt of the adopted text and hosts it. Re-check TRIS before relying on any line, especially for Spain.

Measure (TRIS number)NotifiedEnd of standstill in TRISComments / detailed opinionsReplies and other messagesFinal text in TRIS
2025/0086/FR ↗ Décret n° 2025-957 (environmental cost)13 Feb 202514 May 2025 (closed)Commission comments, 12 May 2025; no detailed opinionCommission request for supplementary information, 5 Mar 2025Received 13 Nov 2025; French original and translations
2025/0087/FR ↗ Arrêté of 6 Sep 2025 (signage and methodology)13 Feb 202514 May 2025 (closed)Commission comments, 12 May 2025; no detailed opinionCommission request for supplementary information, 5 Mar 2025Received 13 Nov 2025; French original and translations
2025/0336/FR ↗ Law No 2026-602 (textile industry)27 Jun 202530 Sep 2025, with 30 Dec 2025 in brackets (closed)Comments: Luxembourg 29 Sep 2025, Poland 30 Sep 2025; detailed opinions: Commission (with comments) and Sweden, 30 Sep 2025Commission requests for supplementary information, 17 Jul and 8 Aug 2025; Commission reaction to France's response, 15 Apr 2026Received 30 Jul 2026; French original and translations
2026/0457/FR ↗ draft Arrêté of 24 Aug 2026 (TLC penalties)27 Aug 2026Not applicable (closed); fiscal measureNone shownProcedure closed early by the Commission, 25 Sep 2026None; draft only
2026/0560/FR ↗ Arrêté of 20 Oct 2026 (TLC penalties)16 Oct 2026Not applicable (closed); fiscal measureNone shownNone shownReceived 21 Oct 2026; French only
2026/0559/FR ↗ draft Arrêté (TLC penalties), withdrawn16 Oct 2026Not applicable (withdrawn); fiscal measureNone shownWithdrawn by France; procedure closed by the Commission, 21 Oct 2026None; draft only
2026/0266/ES ↗ draft Royal Decree (textile and footwear)27 May 202628 Aug 2026, with 28 Sep 2026 in brackets; extended until 30 Nov 2026 according to the detailed-opinion messageCommission detailed opinion with comments, 28 Aug 2026Spain's answer, 11 Sep 2026None; draft in Spanish and English
2024/0646/DK ↗ Danish PFAS order27 Nov 202428 Feb 2025 (closed)None shownNone shownReceived 25 Jun 2025; Danish original and translations
2025/0431/FR ↗ Décret n° 2025-1376 (PFAS)7 Aug 202510 Nov 2025 (closed)Comments: Austria 4 Nov 2025, Poland 7 Nov 2025; no detailed opinionNone shownReceived 6 Jan 2026; French original and translations

France's response to the detailed opinions on its textile law is not among the messages TRIS discloses. TRIS shows only the Commission's reaction to it, dated 15 April 2026. For the penalty order, France notified a new draft (2026/0560/FR) on 16 October 2026 after the Commission closed 2026/0457/FR, and TRIS acknowledged receipt of the adopted Arrêté of 20 October 2026 on 21 October 2026. A second notification of the same day, 2026/0559/FR, was withdrawn by France, and the Commission closed it on 21 October 2026. For Spain, TRIS does not mark the standstill as closed, and the Commission's detailed-opinion message (TRIS/(2026) 2396) states that the standstill is extended until 30 November 2026; in its answer (TRIS/(2026) 2541), Spain announced that Article 22(3) will be deleted. The French decrees that Law No 2026-602 calls for, and the final text of the Spanish Royal Decree, are the items to watch.

9. What to do now: one product-data model for national rules and the DPP

The national rules and the future DPP draw on the same facts about each product. Building them into one record per product reference, rather than separate files per country, avoids collecting the same data three times. The table maps the main fields. The DPP column is our reading of where a field could land once the textile act exists; the act will decide.

Data fieldNational rule using it todayPossible DPP or ESPR link
Places of manufacture by production step (raw material, spinning, weaving or knitting, finishing or printing, making-up)France: online display (L. 541-9-1-2); environmental-cost parameters 9° to 12° and 14°Unique facility identifiers (ESPR Annex III, point (i))
Product type, mass, material compositionFrance: environmental-cost parameters 1°, 2° and 8°Annex I, points (h) recycled content and (j) weight
Number of references per segment, reference price, repair offer and average repair costFrance: durability coefficient; score D in the penalty order (Arrêté of 20 October 2026)Annex I, points (a) durability and (b) ease of repair
Environmental cost, its breakdown and methodology versionFrance: decree, Article D. 541-243, VAnnex I, point (m) environmental footprint
EPR identity per country (French representative, Spanish registration number)France: L. 541-10-9-1; Spain (draft): Articles 17, 20 and 22 (Spain has announced that Article 22(3) will be deleted)No DPP element; keep it in the same master record
Total fluorine and targeted PFAS results per article, recycled-content shareDenmark: § 3 of the order; France: Articles D. 525-2 to D. 525-4Annex I, point (f) substances; substances-of-concern tracking under Article 7(5) where the act requires it

In practice: decide whether you, or any retailer selling your clothing in France, communicate any environmental score. If so, Article D. 541-245 applies to whoever communicates it, and the environmental cost has to be published and shown as well. Check that your French product pages, and the marketplaces that list your products, show the places of manufacture close to the price and in the same type size. If you are not established in France and are subject to French EPR, appoint an EPR authorised representative established in France. Model your penalty exposure per product type from the amounts in the Arrêté of 20 October 2026. For Denmark, plan for stock containing 50 mg F/kg or more total fluorine to be off sale by 1 January 2027. For marketplace duties under the DPP, see Selling Online with a Digital Product Passport: Duties for Brands, Retailers and Marketplaces.

DPP AUDIT

National rules and the DPP draw on the same product data.

Places of manufacture, materials, mass, repair offer and test results feed the French displays and penalties, the Danish and French PFAS checks and, later, the DPP. In a DPP audit we check how your product data are recorded, per product reference and per country, against these rules and the DPP fields they map to. Book a call to walk through it. Under NDA.

Start Your DPP Audit

Keep the dated status in section 8 as a checklist. Re-check the Spanish TRIS record for a final text, and TRIS for any notified decree under Law No 2026-602.

Frequently asked questions

Is the French environmental-cost label mandatory for clothing? +
Not as such: nobody has to display it. But anyone who voluntarily communicates it must follow Décret n° 2025-957: publish the data on the official portal first, use the official signage, make it accessible at the time of purchase and keep it up to date (Article D. 541-243). In addition, anyone who voluntarily communicates any other score on the environmental impacts of a textile product in scope must also communicate the environmental cost (Article D. 541-245). Until 1 October 2026 that second obligation applied only where the manufacturer, importer or other party placing the product on the market had itself calculated and communicated the cost. That condition has now expired.
Do we have to show where our clothes were made on our French webshop? +
Yes, in our reading. Article L. 541-9-1-2 of the Environmental Code, inserted by Law No 2026-602, requires the places of manufacture of products in the French textile, household linen and footwear EPR scheme sold online to be shown clearly and legibly on the digital platform, in characters the same size as the price and close to it. The law sets no later date for this article and calls for no decree. It does not define which manufacturing steps must be listed, so document the choice you make.
We are not established in France. Do we need an EPR representative in France? +
If you are subject to French EPR, yes. Article L. 541-10-9-1 requires a person not established in France that is subject to EPR under Article L. 541-10 or L. 541-10-9 to appoint, by written mandate, a person established in France as its authorised representative (mandataire). The obligation is deemed met for products for which a person referred to in Article L. 541-10-9 established in France ensures compliance. The rule is not limited to textiles.
How high are the French eco-modulation penalties for clothing? +
Law No 2026-602 sets a range per product that depends on the year: €0.25 to €12 in 2026, €0.50 to €14 in 2027, €0.75 to €16 in 2028, €1 to €18 in 2029 and €2 to €20 from 2030. These provisions entered into force on 1 September 2026. On a reasoned request from the producer, the bonus or penalty is capped at 50% of the sale price excluding tax. The amounts per product type are set in the scheme's specifications. France set them in an Arrêté of 20 October 2026, published in the Journal officiel of 21 October 2026 and notified as 2026/0560/FR, whose adopted text TRIS hosts. An earlier notification of the same amounts, 2026/0457/FR, was closed early by the Commission on 25 September 2026.
Will the textile DPP override these national rules? +
Not wholesale. ESPR Article 3(2) stops Member States from blocking products that comply with a delegated act's performance requirements, or its information requirements, for non-compliance with national requirements of the same kind on the Annex I product parameters the act covers. Article 3(4) does the same where the act decides that no requirement is needed for a parameter. No textile delegated act exists yet, and the Commission's textile page gives Q4 2027 as the planned adoption. In our reading, the French environmental-cost rules are the likeliest to be affected, while the origin display and the EPR rules sit outside Article 3; the PFAS bans would be affected only if the textile act set, or expressly ruled out, performance requirements on the use of substances.
Can we still sell clothing with PFAS that we already hold in stock in Denmark or France? +
In Denmark, sales from traders' stocks of products covered by the ban are allowed until 1 January 2027 (§ 6 of the order). The ban itself has had effect since 1 July 2026. In France, products listed in Article L. 524-1, I, of the Environmental Code that contain PFAS and were made before 1 January 2026 may be placed on the market or exported for at most twelve months from that date (Article 2 of Décret n° 2025-1376).
Is Spain's textile and footwear decree in force? +
No. On 21 October 2026 it is a draft (TRIS 2026/0266/ES). The Commission issued a detailed opinion on 28 August 2026, Spain answered on 11 September 2026, and TRIS hosts no final text. As notified, it would require producer registration, an authorised representative for distance sellers established elsewhere, and online platforms to show each producer's registration number for every product, a requirement (Article 22(3)) that Spain announced in its answer it will delete. According to the Commission's detailed-opinion message, the standstill is extended until 30 November 2026.

Sources

Regulation (EU) 2024/1781 and Directive (EU) 2015/1535 were read in the versions published by the EU Publications Office (EUR-Lex). The Publications Office records checked on 21.10.2026 show no act amending either, corrigenda that do not touch the provisions cited, and no ESPR delegated act for textiles. The national measures were read in the texts hosted by the Commission's Technical Regulation Information System (TRIS) on 20.10.2026, the Arrêté of 20 October 2026 (2026/0560/FR) on 21.10.2026; the TRIS records were re-checked on 21.10.2026. Only the original-language texts are authoritative; English renderings in quotation marks are TRIS's own translations. The Commission's textile DPP page was accessed on 21.10.2026. This is general information, not legal, financial or investment advice.