REACH Committee to discuss draft restriction on intentionally added microplastics

The European Union’s Committee for the REACH Regulation will discuss a restriction proposal on microplastics by the European Commission in its upcoming meeting on September 23, 2022.

The release of microplastics – “synthetic polymer microparticles” in the restriction proposal – is a key environmental concern due to their pervasiveness and their lack of biodegradability. Microplastics may end up in the environment through the use of bigger plastic products (a phenomenon known as unintentional release of microplastics) or might be intentionally added to a range of products. 

The current REACH restriction proposal by the European Commission is one of the deliverables under the EU’s Circular Economy Action Plan adopted in 2020. It focuses on tackling intentionally added microplastics by forbidding their placement in the market (be it on their own or as an intentional addition in mixtures).

Natural, degradable and soluble polymers are excluded from the restriction, which includes references to the relevant tests with which biodegradability can be demonstrated. Beyond these exemptions, the use of microplastics will still be allowed for use at industrial sites and for several product categories (such as for instance medicinal products for humans and animals, fertilizing products, or food additives). The proposal includes labelling and reporting provisions for many of the exempted products. 

For some of the product groups within the scope of the restriction proposal, the Commission is proposing phase-in deadlines for the prohibition of placement in the market. For those groups, said prohibition of placing intentionally added microplastics in the market would apply as detailed in the table below. 

REACH restrictions are adopted through a procedure known as “regulatory procedure with scrutiny”. In it, the European Commission needs to secure the favorable opinion of the REACH Committee. Furthermore, for the three months after the Committee’s opinion, both the European Parliament and the European Commission can object to the proposed measure. If no such objection is raised, the Commission proposal is incorporated into Annex XVII of the REACH Regulation and becomes law.