EU REACH to Restrict Intentionally-added Microplastics in Cosmetics

In September 2022, EU notified WTO of a draft regulation aiming at imposing tighter restrictions upon products, including cosmetics, containing intentionally-added microplastics. On September 27, 2023, EU officially adopted these restrictions under EU's chemical legislation Regulation (EC) No 1907/2006 Concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), marking another significant stride in environmental protection.¹

Designated Scope of Synthetic Polymer Microparticles

The adopted restrictions apply to solid polymers that meet the following conditions: 

1. They are present in particles and constitute at least 1% by weight of those particles, or form a continuous surface coating on particles;

2. At least 1% by weight of the particles referred to in "Point a" fulfill 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.

However, the following polymers are excluded from the restrictions:

1. Polymers that are derived from a natural polymerization process, regardless of the extraction method, and are not chemically modified substances;

2. Polymers that have been proven to be degradable in accordance with Appendix 15;

3. Polymers that have been proven to have a solubility greater than 2 g/L in accordance with Appendix 16;

4. Polymers that do not contain carbon atoms in their chemical structure.

Restrictions on Cosmetics

The adopted restrictions require that, starting from October 17, 2023, synthetic polymer microparticles within the designated scope shall not be placed on the market as individual substances. Additionally, if they are present in mixtures to confer a sought-after characteristic, their concentrations shall be below 0.01% by weight. 

Cosmetics are subject to the adopted restrictions. To ensure sufficient time to develop suitable alternatives and limit the costs for the industry, specific transitional periods are offered based on product categories defined in the Regulation (EC) No 1223/2009 (Cosmetics Regulation).

Further Reading

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