The EU has adopted a comprehensive restriction on microplastics intentionally added to products (REACH Regulation (EC) No. 1907/2006 Annex XVII, Entry 78). This means that the sale of microplastics and of mixtures to which microplastics have been added and which release them during use is now prohibited. This has far-reaching consequences for manufacturers and distributors of products containing microplastics. Dr Elisa Grabitz and Margarethe von Bockum (Umco)

Dr Elisa Grabitz and Margarethe von Bockum (Umco) Source: Adobe.Stock

Tiny fragments of synthetic or chemically-modified natural polymers are widespread in the environment, can be easily ingested by living organisms, and accumulate in the food chain. One reason for this is that these polymers are insoluble in water and are degraded very slowly, if at all. They have already been found in drinking water and food. The ubiquitous presence of these polymers raises concerns about their general impact on the environment and, potentially, on human health. Therefore, it is important to deliberately reduce the use of microplastics and to switch to alternative materials. Whether and how the EU will take action against the unintentional release of microplastics (e.g. through tyre abrasion) in the future remains uncertain for the time being.

Definition of microplastics

According to the restriction, the term “microplastics” refers to all solid, synthetic, organic, insoluble, and poorly degradable polymer microparticles below 5 mm in all dimensions and fibre-like particles below 15 mm in length. The restriction applies as soon as the polymers constitute at least 1 per cent by weight of the particles or form a continuous coating on particles. The restriction currently refers to microplastics that are intentionally added to products to achieve a certain property. The chipping of old paint or the sanding of primers does not constitute intentional release.

What is affected

The microplastics restriction more or less affects all intentionally added polymer microparticles having the above-mentioned properties. The sale of loose plastic glitter to end consumers has already been restricted since 17 October 2023. Various transitional periods apply to specific uses, mixtures and/or products containing microplastics. These range from 17 October 2027 (microbeads for use as an exfoliation abrasive in cosmetic products) to 17 October 2035 (use in make-up products).
Suppliers of polymer microparticles will have to provide instructions and, where appropriate, additional information to downstream industrial and professional users and consumers from 17 October 2025 on. In addition, manufacturers, suppliers, and industrial downstream users of polymer microparticles must notify certain information to the ECHA annually from 31 May 2026 on. It is not yet clear how and via which portals the notifications have to be submitted.

Exemptions

In addition to the exempted uses and legal areas (use in industrial plant, (veterinary) medicinal products, certain fertilisers, food additives, in-vitro diagnostic devices, and food), microplastics are exempt from the restriction in the following three situations:

Containment in a technical means that prevents release to the environment
Modifications to properties such that the definition of polymer microparticles no longer applies
Permanent incorporation into a solid matrixUnfortunately, the restriction does not define technical means in more detail, but some examples are mentioned in the recitals (e.g. chromatography columns, water-filtering cartridges, and printer toners).For the paints and coatings industry, there is some cause for celebration. If the microplastic particles are incorporated into a solid matrix, such as in a layer of paint or surface coating, then manufacturers and users are exempt. Nevertheless, the information and declaration obligations must still be observed.

Specialties

For the first time, the restriction does not address any specific substances or class of substances, but specifies the dimensions and properties of a very diverse range of synthetic polymers. In fact, under the restriction, the substance from which the particles are made is almost irrelevant. The restriction also impacts other areas of law that are partially exempt from the REACH Regulation or where there are additional regulations and directives in force that regulate use. Among those affected are cosmetics, detergents, medical devices, fertilisers and plant protection products (for more information, please refer to the regulations in the respective legal areas).

Even people who otherwise have no points of contact with REACH should take a look at Entry 78 to see if it affects them. The reason is that, even if companies are exempt, they may still be subject to information and declaration obligations. The goal, though, should be to develop products in which the microplastics have been replaced by substances that are less harmful to the environment. Many interesting approaches and real alternatives already exist here. Of course, many alternatives may be critical in other ways, e.g. shellac is not vegan and the extraction of mica for glitter products is often socially unacceptable.

Breaches

The penalties for breaching the microplastics restriction are governed by the national laws of the EU Member States, which are responsible for enforcing the restriction and sanctioning breaches. The regulation itself does not lay down standardised penalties and fines but leaves it up to the Member States to take appropriate and effective measures. The sanctions may vary with the severity and frequency of the breach and may take the form of fines, product withdrawal, a sales ban and even prison sentences. The EU Commission will monitor the implementation and effectiveness of the restriction and report on it regularly.

Guidance

Various German associations within the adhesives, coatings, and construction industries have published information and guidance on implementing the restriction on synthetic polymer microparticles. These clearly set out the individual obligations and list the different deadlines. Particularly helpful are schemes resembling decision trees that manufacturers, importers and formulators can use as a guide for deciding, e.g. whether the particles used meet the criteria for classification as synthetic polymer microparticles.

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