Microplastics Restriction - COMMISSION REGULATION (EU) 2023/2055
As part of its commitment to the European Green Deal and the Circular Economy Action Plan, on 25th September 2023, the EU Commission passed the new entry 78 of REACH Annex XVII.
This entry states that microplastics ‘shall not be placed on the market as substances on their own or, where the synthetic polymer microparticles are present to confer a sought-after characteristic, in mixtures in a concentration equal to or greater than 0,01 % by weight’.
Under this regulation, microplastics are defined as synthetic, water-insoluble polymers of 5 mm or less (‘synthetic polymer microparticles’).
Which products containing microplastics will be affected by this restriction?
Some examples of common products in the scope of the restriction are:
- The granular infill material used on artificial sport surfaces – the largest source of intentional microplastics in the environment
- Cosmetics, where microplastics is used for multiple purposes, such as exfoliation (microbeads) or obtaining a specific texture, fragrance or colour
- Detergents, fabric softeners, glitter, fertilisers, plant protection products, toys, medicines and medical devices
What are the exemptions in the restriction?
Microplastics are excluded from the restriction if they are:
- Natural – not chemically modified substances(synthetic)
- Soluble
- Degradable
- Do not contain carbon in their chemical structure (inorganic)
- Not released from a product for example they are permanently incorporated in a solid matrix.
- Unintentionally released, such as the breakdown of larger pieces of plastic waste, or the wear and tear of tyres and road paint, or the washing of synthetic clothes
The following products are also excluded from the ban:
- Products that contain microplastics but do not release them
- Products used at industrial sites
- Products already regulated by other EU legislation for example medicinal products, food and feed
When will the rules apply?
The first measures will start applying 20 days after the restriction enters force (from 17th October). The sales ban applies immediately for cosmetics containing microbeads and for loose glitter made of plastic.
The implementation for other products is longer, depending on the complexity of the product, the need for reformulation and the availability of suitable alternatives.
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10 November 2023