On September 5, 2022, the European Union submitted notification No. G/TBT/N/EU/920 to the WTO, revising the regulations of the European Parliament and the Council on the registration, evaluation, authorization and restriction of chemicals (Registration, evaluation, Authorization and Restriction of Chemicals (ie REACH Regulation) Draft Regulation No. 1907/2006. The draft restricts the use of synthetic polymer particles, also known as “microplastics,” to limit the use of intentionally added microplastics in a variety of products.
“Microplastics” are very fine plastics (usually polymer particles) that are commonly used in skin care and cosmetics products, such as toothpaste, exfoliants, and facial cleansers. Because plastic particles are insoluble in water, and the size of these particles is small, they can easily pass through the filtration system of sewage treatment plants and eventually flow into the ocean, causing ecological pollution.
The new draft stipulates that the concentration of plastic particles in the mixture shall not exceed 0.01% w/w, which is equivalent to prohibiting the use of plastic particles in the mixture. The size of the covered synthetic plastic particles has also increased, with particles increasing from 1 nanometer (nm) to 0.1 microns (m), and fibrous particles increasing from 3nm to 0.3 m. The new draft also requires a statement on the label, packaging, safety data sheet or package insert when a product contains synthetic polymer particles. (Bio)degradable, water-soluble, inorganic and natural polymer particles are not included in the restriction.
20 days after the EU officially announces the draft, the sale of products containing microbeads and products containing plastic particles without a specified transition period will be banned. For other products containing plastic microparticles, the implementation of the sales ban will be delayed by 4 to 12 years, depending on the product in question.
The new draft also brings permanent cosmetics into the scope of restrictions, involving skin care products, perfumes and lip care products, and sets a transition period of 6-12 years. Once implemented, the new regulations will mean that the EU will completely ban the use of microplastics in all cosmetics.
For perfume-neutral and leave-on cosmetics, the proposal gives a 6-year transition period. For lip care products, the proposal gives a 12-year transition period. Many NGOs said that this transition period is too long and they do not rule out adjustments and modifications in the future.