Updated: European Commission restricts intentionally added microplastics
23/10/2023
Updated in February 2024:
The European Commission (EC) is adopting measures that restrict microplastics intentionally added to products under the EU chemical legislation REACH.
The EC published an amendment to Regulation (EC) No 1907/2006 (REACH) on intentionally-added microplastics restriction on 25 September 2023. The new rules will prohibit the sale of microplastics as such, and of products to which microplastics have been added on purpose and that release those microplastics when used.
Within the scope of this new restriction are fragrances, cosmetics, detergents, fabric softeners, glitter, toys, medicine and medical devices, fertilisers and granular infill material used on artificial sports surfaces, among others.
The first measures, such as the ban on loose glitter and microbeads, will apply when the restriction enters into force on 17 October 2023.
Transitional time periods for other applications will apply to allow suppliers to provide information and meet labelling requirements.
Products used at industrial sites or not releasing microplastics during use are derogated from the sale ban, but their manufacturers will have to provide instructions on how to use and dispose of the product to prevent microplastics emissions.
A detailed Q&A document will be available by the end of 2023, but in the meantime, details on the type of glitter that will be banned and the exceptions to the restrictions are included here.
Lastest update:
The Commission has now clarified that articles with glitter affixed on their surface are out of scope of the microplastics restriction – including some decorative glittered products which were initially considered in scope. The dedicated website on the restriction has now been updated to reflect this change. The Commission added that the change was prompted by the Commission further advancing in the consultation process with other public authorities.
The promised Q&A guidance document expected at the end of 2023, is still a work in progress. The publication date cannot be provided at this stage.
Out of scope of the Restriction includes:
- Products, including glitter, made of inorganic materials eg. glass, metal, natural, biodegradable or soluble in water (are out of scope because they are not regarded as microplastics)
- Beads and sequins and other decorations intended to be threaded or sewn
- Microplastics, including plastic glitter, that are contained by technical means (e.g. enclosed in a snow globe) or permanently incorporated in a solid matrix (e.g. trapped in glue, paints or inks, or inside solid objects such as a snow globe
Plastic glitter on its own (loose plastic glitter) is considered as a mixture under REACH and is in the scope of the restriction ie cannot be sold post 17 October 2023.
The ban on products already on the market on 17 October 2023 applies to non-biodegradable or soluble microplastics including plastic glitter, on their own or intentionally added to products, for uses for which no transitional period is set in the restriction eg art and crafts kits, toys, Christmas decorations, etc.
Whether a product is out of scope of the regulation or in the scope of the regulation depends on whether microplastics, including glitter are an integral part of that article (out of scope) or not an integral part of that article (in scope). Examples are given on the EU website:
- Where the decorative function is secondary, such as textiles used for apparel, footwear or household textiles, glitter is always regarded as an integral part of the article. These glittered articles – eg: clothing, shoes and household goods such as curtains or cushions – are out of the scope of the restriction.
- Where glittered articles have a purely decorative function, or where the decorative function is the main function of the article such as textiles used in certain art and craft kits, toy/party hats, Christmas decorations, etc, glitter can only be regarded as an integral part of the article if it does not detach from the article during normal end use (including storage). If glitter detaches from the article during normal end use, the glittered article is to be regarded as a combination of an article (eg. the article without the glitter) and a mixture (the glitter). In the latter case, the ban applies to the glitter (but in practice, the whole glittered article cannot be sold).
To read and download the amendment, visit the European Commission website here.