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Microplastics ban update, REACH published Annex XVII addition

The European Commission adopted the restriction on intentionally added microplastics on September 25, 2023 and two days later, on September 27, it was formally published in the Official Journal of the European Union.

What are microplastics?

Microplastics are minuscule particles made up of synthetic or chemically-modified natural polymers that do not dissolve in water and break down very slowly. These tiny fragments can be consumed by living organisms, which raises concerns about their impact on the environment and potentially on human health. They are widespread in the environment and have even been found in drinking water and food. Microplastics accumulate in the environment, contributing to the problem of microplastic pollution. While a significant portion of microplastic pollution occurs unintentionally through the breakdown of larger plastic waste, the wear and tear of tires and road paint, or the washing of synthetic clothes, there are also deliberately manufactured microplastics that are used in products or added to them. To address this issue, the Council has called upon the Commission to propose measures for reducing the release of macro- and micro-sized plastic debris into the marine environment, including a potential ban on polymers in cosmetics, personal care products, and detergents.

The proposed ban is now introduced with Annex XV dossier which can be found here.

REACH definition for microplastics

REACH defines microplastics as follows:

'Synthetic polymer microparticles are solid polymers and fulfils both of the following conditions:

(a) are contained in particles and constitute at least 1% by weight of those particles; or build a continuous surface coating on particles;

(b) at least 1% by weight of the particles referred to in point (a) fulfil either of the following conditions:

(i) all dimensions of the particles are equal to or less than 5 mm;

(ii) the length of the particles is equal to or less than 15 mm and their length to diameter ratio is greater than 3. ' 

REACH also defined exclusion criteria:

(a) polymers that are the result of a polymerisation process that has taken place in nature, independently of the process through which they have been extracted, which are not chemically modified substances;

(b) polymers that are degradable as proved in accordance with Appendix 15

(c) polymers that have a solubility greater than 2 g/L as proved in accordance with Appendix 16;

(d) polymers that do not contain carbon atoms in their chemical structure

Impact on cosmetics

Ban for new products containing microplastics

Ban on new products placed on the market:

From 17 October 2023 ban on use of microbeads;

From 17 October 2027 ban on rinse-off products containing microplastics;

From 17 October 2029 for encapsulation of fragrances;

From 17 October 2029 ban on other leave-on products containing microplastics;

From 17 October 2035 ban on lip-, nail-, and make-up products containing microplastics;

The transition periods are based on the contribution of emissions.

Microplastic-free claims

When it comes to legal compliance, it's important to note that claims of "free from" should not be made regarding ingredients that are prohibited for use in cosmetics according to Regulation (EC) No 1223/2009. Therefore, due to the ban on microplastics in new products after the transition period, claims of being microplastic-free are not allowed.

How do I know if my products contains Microplastics?

Determine if your formulation contains polymers that could be classified as microplastics:

  • Non-biodegradable polymers (which include, but are not limited to plastics) fall within the scope of this restriction.
  • Polymers that occur in nature (e.g. cellulose or starch) are considered to be inherently (bio)degradable in the environment and, therefore, fall out of the scope of the microplastic definition.
  • Polymers that are (bio)degradable fall out of the scope of the microplastic definition.
  • Polymers not containing any carbon in their chemical structure fall out of the scope of the microplastic definition.

Step 1. Check whether the INCI name is included on ECHA's list of microplastics
Step 2. Check physical state and solubility

  • Only solid polymers fall within the scope of the microplastic definition.
  • Liquids and gases fall out of the scope of the microplastic definition.
  • Polymers with a solubility > 2 g/L fall out of the scope of the microplastic definition.

Step 3. Check the particle dimensions 

  • Only particles containing solid polymer where ≥ 1% w/w of particles have (i) all dimensions 1 nm ≤ x ≤ 5 mm, or (ii) a length of x ≤ 15 mm and length to diameter ratio of >3 fall within the scope

Step 4. Check the biodegradability of the substance

Products already on the market

To avoid unnecessary recalls and minimize waste, it the Commission decided to allow synthetic polymer microparticles, either alone or in mixtures, that have already been introduced to the market before October 17, 2023, to continue being sold. However, this rule does not apply to the use of synthetic polymer microparticles during the transitional period.

Find the full legal text here