Cosmetics Europe and EFfCI release guidance for EU microplastics restriction

05 Mar 2024 --- Cosmetics Europe and the European Federation for Cosmetic Ingredients (EFfCI) unveil guidance to help businesses navigate the EU REACH microplastics restriction, which will be introduced in October 2027.

Key elements for cosmetic players include the definition of synthetic polymer microparticles (SPM), substances not covered by the ban, the “industrial sites” derogation and where the physical properties are modified during consumer use.

The document also takes the business through several flow charts to help decide whether a polymer is an SPM.

Essential points
The guidance provides a detailed definition of SPM, emphasizing that the definition doesn’t explicitly use the term “microplastics.” Instead, it concentrates on the solid polymers that comprise the particles, establishing particular parameters depending on weight percentage and dimensions.Companies can refer to the guidance for insights into derogations like industrial sites and permanent modifications.

Additionally, the document identifies categories of polymers exempt from the ban, including those that are natural, water-soluble, lacking carbon atoms and biodegradable. Biodegradability criteria are outlined and categorized into groups with pass criteria. According to the guide, natural polymers do not include those produced by fermentation, a biotechnology process.

The “industrial sites” derogation section addresses scenarios where SPM, while initially meeting the definition, undergoes changes during manufacturing and ceases to be particles. The guidance says using SPM is permitted in such cases but warns about the reporting requirements for industrial site use.

Similarly, the guide talks about the case of permanent modification during consumer use, for example, nail polish. This derogation, aimed at preventing SPM from entering the environment, covers cases in which SPM, initially present in finished products, undergoes permanent modification during consumer use. For instance, SPM are not limited to the 0.01% concentration limit if they change size and shape during or after application.

Practical support
The guidance also offers a practical, step-by-step approach to help businesses determine whether their polymer qualifies as an SPM.

The handbook includes case studies, legal interpretations, and frequently asked questions. However, it clarifies that its contents should not be used for legal advice.

In January, the EU Council and Parliament reached a provisional political agreement on revising the urban wastewater treatment directive that will mandate cosmetic firms to cover micropollutant costs.

Following the microplastic ban last year, the European Commission also restricted plastic-based glitter to promote eco-friendly glitter use in cosmetics.

By Venya Patel

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