On 17 October 2023, Commission Regulation (EU) 2023/2055 entered into force, introducing a ban on placing on the market products containing intentionally added microplastics. This landmark action aims to reduce environmental pollution caused by persistent, non-degradable polymer particles.

What Are Microplastics According to EU Legislation?

In simple terms, the regulation defines microplastics as synthetic polymer particles that meet the following criteria:

• Size: particles smaller than 5 mm.
• Solubility: poorly water-soluble (< 2 g/l).
• Persistence: resistant to biodegradation.

The ban applies to microplastics present as substances on their own as well as those intentionally added to mixtures. Products classified as articles under the REACH Regulation are not within the scope of the restriction.

Scope of the Microplastics Restriction

The ban covers a wide range of products, including:

• Cosmetics (e.g. scrubs, glitter).
• Detergents and cleaning products.
• Fertilisers and plant protection products.
• Products for use in arts and crafts.
• Certain medical devices.

Transition periods have been provided for some uses to allow time for compliance, for example:

• 17 October 2027 for rinse-off cosmetics (paragraph 6b)
• 17 October 2029 for leave-on cosmetics (paragraph 6d)
• 17 October 2031 for infill material used in synthetic sports surfaces (paragraph 6j).

The full list of products and transition periods can be found in Regulation 2023/2055 here: https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32023R2055

Exemptions and Exclusions

Some products are excluded from the scope of the restriction, including:

• Microplastics embedded in a solid matrix that prevents their release;
• Products containing biodegradable or water-soluble particles;
• Articles as defined by the REACH Regulation.

Microplastics – New Guidance

The European Commission has recently published an Explanatory Guide to support the implementation of the new rules. It consists of three parts:

• Part I – description of the rules and their intended implementation.

• Part II – answers to frequently asked questions.

• Part III – decision trees and examples of borderline cases.

Currently, the guide is available in English, with translations of Part I into other EU languages planned for the third quarter of 2025.

What Does This Mean for Manufacturers and Importers?

Companies placing products containing microplastics on the market must:

• Analyse their product formulations for the presence of microplastics.

• Adapt product formulas to meet the new requirements.

• Comply with labelling and information obligations.

• Monitor transition period deadlines for specific product categories.

Failure to comply with the new rules may result in sanctions and limited access to the EU market.

Where to Find More Information?

Detailed information and the full text of the regulation are available on the official website of the European Commission:👉 Commission Regulation (EU) 2023/2055 - Restriction of microplastics intentionally added to products

Compliance with the new regulation is crucial for environmental protection and alignment with EU law. We encourage you to consult the full guide and take appropriate action to meet the new requirements.

info@sds-create.com

Contact

ANY QUESTIONS?

Contact us