The representatives of the EU member states in the REACH Committee have voted to adopt a European Commission’s proposal to restrict microplastics that are intentionally added to numerous products, including personal care products and detergents. The proposal is now subject to a 3-month scrutiny by the European Parliament and the Council before it can be adopted by the Commission.

On August 30, 2022, the European Commission presented a proposal to amend the REACH Regulation in order to address the proliferation of synthetic polymer microparticles (the so-called “microplastics”). On April 26, 2023, after a lengthy legislative process heated discussions between member states, and consultations with the various stakeholders, the REACH Committee voted in favor of the Commission’s proposal.

The text aims to progressively phase out microplastics of everyday products, like cosmetics, fragrances, and home cleaners, as well as fertilizers, paints, and artificial sports turfs. It defines microplastics as solid polymers contained in microparticles or microparticles that have a solid polymer surface coating and are used as a substance on their own or in a mixture in a concentration equal to or greater than 0,01% by weight.

According to the European Commission, the proposed restriction would prevent the release into the environment of about 500,000 tonnes of microplastics, at an estimated total cost of up to EUR 19 billion

Implementation deadlines

Despite intense advocacy from NGOs and some cosmetics makers, the Committee granted several industries transitional periods to implement the ban.

These deadlines range from six years for sports fields and encapsulated fragrances, to five years for detergents and some pesticides, and twelve years for some leave-on makeup products, such as lipsticks and nail polish. Rinse-off cosmetic products will have a four-year transitional period.

However, the text says that “in order to encourage the substitution of synthetic polymer microparticles in make-up, lip, and nail ‘leave-on’ cosmetic products before the end of the transitional period,” these products will have to bear a label informing consumers that they contain microplastics, eight years after the entry into force of the regulation.

Before the official adoption of the text, EU Parliament and Council have a three-month scrutiny period, after which the Regulation will enter into force immediately.