EU restriction on microplastics | Recent amendment of REACH Annex XVII

To reduce the amount of microplastics entering the environment, the import, sale, and other forms of transfer of microplastics into the EU will be prohibited starting from October 17, 2023. This prohibition also applies to mixtures intentionally containing microplastics, from which microplastics are released into the environment during use. The ban does not apply to microplastics intended for industrial purposes, and for some products, the ban will come into effect at a later date.

The European Commission has issued Regulation (EU) 2023/2055, which adds restrictions on synthetic polymer micro-particles (microplastics) to Annex XVII of the REACH Regulation. The restriction covers all polymer particles under 5 mm in size and fibrous polymer particles under 15 mm in length that do not dissolve in water and do not biodegrade in the environment.

The restriction prohibits placing microplastics and mixtures intentionally containing microplastics at 0.01 weight percent or more on the market, which includes import, sale, and other forms of transfer, starting from October 17, 2023. However, this ban does not apply to products placed on the market before this date. Products already in stock and on store shelves before October 17, 2023, can be sold or transferred. Importation from outside the EU will be prohibited from October 17, 2023.

The ban applies, for example, to microbeads and loose glitter. Microbeads refer to microplastics used for exfoliation, polishing, or cleaning. The ban will only apply to certain product categories after transition periods:

a) Starting from October 17, 2029, for microplastics used in fragrance encapsulation.

b) Starting from October 17, 2027, for rinse-off cosmetic products, except those included in point a or containing microbeads.

c) Starting from October 17, 2035, for lip and nail products and makeup products, except those included in point a, b, or containing microbeads (labeling requirement "This product contains microplastics" starting from October 17, 2031).

d) Starting from October 17, 2029, for non-rinse-off cosmetic products.

e) Starting from October 17, 2028, for detergents, waxes, polishes, and air fresheners, except those included in point a or containing microbeads.

f) Starting from October 17, 2029, for medical devices, except those containing microbeads.

g) Starting from October 17, 2028, for fertilizers not covered by EU fertilizer regulations.

h) Starting from October 17, 2031, for plant protection products and treated seeds, as well as biocidal products.

i) Starting from October 17, 2028, for agricultural and horticultural products.

j) Starting from October 17, 2031, for synthetic surface materials used in sports field turf infill.

The placing on the market of microplastics and mixtures containing them is still allowed for industrial use and final uses where microplastics are not released. No microplastics are released in the final use if microplastics are isolated by technical means, undergo changes in their physical properties, or are incorporated into a solid matrix.

The ban does not apply to medicines, veterinary medicines, EU fertilizers, food additives, in vitro diagnostic devices, foodstuffs, and animal feed.

Some of the permitted uses require, among other things, instructions for use and disposal to prevent microplastic emissions. In addition, operators may be subject to an annual reporting obligation on the use and emissions of microplastics to the European Chemicals Agency (ECHA).

Link to Commission Regulation (EU) 2023/2055 of 25 September 2023 amending Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) as regards synthetic polymer microparticles