Tech Watch: New Restriction on Microplastics

On 27 September 2023, the European Commission published an amendment to Regulation (EC) No. 1907/2006 (REACH) on intentionally added microplastic restriction.

The amendment consists of a new entry 78 in Annex XVII under the EU chemical legislation REACH which restricts synthetic polymer microparticles and two new appendices 15 and 16 which indicate rules on the proving degradability and solubility of these microplastics.

This restriction covers all intentionally added synthetic polymer particles below five millimetres that are organic, insoluble and resist degradation and indicates that they “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.”

Inside the scope of this new restriction: fragrances, cosmetics, detergents, fabric softeners, glitter, toys, medicine and medical devices, fertilisers and granular infill material used on artificial sports surfaces amongst others.

This new amendment will come into force on 17 October 2023 with different transitional periods for the application of the restriction in specific types of uses and for suppliers to provide specific information and labelling requirements on certain products.

Below is a summary table:

Transitional periods in specific type of uses
Date	Category or type of product
17 October 2027	Rinse-off products unless such products are covered by the line of this table or contain synthetic polymer microparticles for use as an abrasive, i.e., namely to exfoliate, polish or clean (“microbeads”).
17 October 2028	Detergents, waxes, polishes and air care products, unless those products are covered by the first line of this table or contain microbeads.
17 October 2028	Fertilising products which do not fall within the scope of Regulation (EU) 2019/1009.
17 October 2028	Products for agricultural and horticultural uses are not covered by the previous lines of this table.
17 October 2029	Synthetic polymer microparticles for use in the encapsulation of fragrances.
17 October 2029	Leave-on products unless such products are covered by the previous lines of this table.
17 October 2029	Devices (Regulation (EU) 2017/745), unless those devices contain microbeads.
17 October 2031	Plant protection products and seeds treated with those products, and biocidal products.
17 October 2031	Granular infill for use on synthetic sports surfaces.
17 October 2035	Lip, nail and make-up products, unless such products are covered by the previous lines of this table or contain microbeads.
Note: The information shall be provided in the form of clearly visible, legible and indelible text or in the form of pictograms The text or pictograms shall be placed on the label, the packaging, or the package leaflet of the products or on the safety data sheet In addition to the text or pictograms, suppliers may provide a digital tool that gives access to an electronic version of that information Where instructions for use and disposal are in the form of a text, they shall be in the official languages of the Member States where the substance or mixture is placed on the market unless the Member States concerned provide otherwise

Information to submit to the ECHA by 31 May of each year
Date	Type of operator	Information
2026	Manufacturers and industrial downstream users of synthetic polymer microparticles in the form of pellets, flakes, and powders used as feedstock in plastic manufacturing at industrial sites.	A description of the uses of synthetic polymer microparticles in the previous calendar year For each use of synthetic polymer microparticles, generic information on the identity of the polymers used For each use of synthetic polymer microparticles, an estimate of the quantity of synthetic polymer microparticles released to the environment in the previous calendar year, which shall also include the quantity of synthetic polymer microparticles released to the environment during transportation For each use of synthetic polymer microparticles, a reference to the derogation for use at industrial sites
2027	Other manufacturers of synthetic polymer microparticles and other industrial downstream users using synthetic polymer microparticles at industrial sites
2027	Suppliers of medical devices, food additives, in vitro diagnostic devices, synthetic polymer microparticles which are contained by technical means, synthetic polymer microparticles the physical properties of which are permanently modified during intended end use and synthetic polymer microparticles which are permanently incorporated into a solid matrix placed on the market for the first time to professional users and the general public.	A description of the end uses for which the synthetic polymer microparticles were placed on the market in the previous calendar year For each end-use generic information on the identity of the polymers placed on the market in the previous calendar year For each end use, an estimate of the quantity of synthetic polymer microparticles released to the environment in the previous calendar year, which shall also include the quantity of synthetic polymer microparticles released to the environment during transportation For each use of synthetic polymer microparticles, a reference to the applicable derogation or derogations

The restriction shall not apply to placing on the market synthetic polymers microparticles, on their own or in mixtures, before 17 October 2023. However, this date shall not apply to the placing on the market of synthetic polymers microparticles for uses listed in the first table of this bulletin.

For more information, please refer to the official publication on the European Commission’s website here.