EU to Impose Strict Restrictions on Synthetic Microplastics in Cosmetics

On September 5, 2022, the EU notified WTO of a draft Commission Regulation which amended the Annex XVII to Regulation (EC) No 1907/2006 Concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH). This draft aims at imposing tighter restrictions upon products, including cosmetics, containing intentionally-added microplastics. The draft is open for comment until November 4, 2022. ¹

Reason to Restrict the Use of Synthetic Microplastics

Microplastics are plastic particles composed of the mixtures of polymers and functional additives. They are insoluble in water, degrade very slowly, and can easily be ingested by living organisms. Bearing these properties, concerns have been raised for their impact on the environment and, potentially, on human health.

The microplastics in the environment can be unintentionally accumulated as a result of the breakdown of larger pieces of plastic waster, like car tyres and synthetic textiles. Moreover, they are intentionally manufactured and added to products for specific purposes, such as exfoliating beads in facial or body scrubs.

To reduce the release of synthetic microplastics in the environment, in 2017, the European Commission requested European Chemicals Agency (ECHA) to assess the scientific evidence for taking regulatory action on microplastics that are intentionally added to products. In January 2019, ECHA submitted a restriction proposal, followed by supporting opinions from ECHA's Committee for Risk Assessment (RAC) and the Committee for Socio-economic Analysis (SEAC). Based on ECHA's proposal and the committees' combined opinion, the Commission has prepared this draft regulation.

Noteworthy Points in the Draft Commission Regulation

1. Definition of Synthetic Polymer Microparticles

Synthetic polymer microparticles refer to solid polymers which either are contained in particles and constitute at least 1% by weight of those particles, or build a continuous surface coating on particles, where at least 1% by weight of those particles fulfil either of the following conditions:

1. all dimensions of the particles are equal to or less than 5 mm;

2. the length of the particles is equal to or less than 15 mm and their length to diameter ratio is greater than 3.

Currently, there is no scientific evidence showing that natural, degradable and soluble polymers, as well as polymers without carbon atoms in their structure would pose risks of concern. Therefore, such polymers are excluded from the scope of synthetic polymer microparticles defined in the draft. 

2. Restrictions and Transitional Periods Proposed for Cosmetics

The draft proposes that synthetic polymer microparticles, as defined above, should not be sold on the market as individual substances or, if they are included in mixtures to provide a desired characteristic, the concentration should not equal or exceed 0.01% by weight.

For products subject to the incoming restrictions, transitional periods are proposed to allow sufficient time for concerned stakeholders to comply with the restriction and transit to suitable alternatives. In terms of cosmetics, specific transitional periods are offered based on product categories defined in Regulation (EC) No 1223/2009 (Cosmetics Regulation).

It is worth noting that, concerning the ban on the placing of microbeads on the market, which are mainly used in rinse-off cosmetic products and detergents, no transitional period is proposed. The industry was expected to have voluntarily phased out their use by 2020.