Microplastics Restriction

Overview

Commission Regulation (EU) 2023/2055 restricts the manufacture, placing on the market, and use of products containing intentionally added synthetic polymer microparticles (SPM). It amends Annex XVII to the REACH Regulation (EC) No 1907/2006, adding Entry 78 — the most extensive restriction ever adopted under REACH.

Microplastics are defined as synthetic polymer particles smaller than 5mm in any dimension that are resistant to degradation. This restriction targets particles that are deliberately added to products (as opposed to microplastics generated as unintentional breakdown products). The restriction is phased over more than a decade, with different timelines for different product categories based on technical feasibility of substitution and availability of alternatives.

Legal basis

• Regulation ID: EU 2023/2055 (REACH Annex XVII, Entry 78)
• Published in Official Journal: 25 September 2023
• Entered into force: 17 October 2023
• Legal instrument: Commission Regulation amending Regulation (EC) No 1907/2006 (REACH)
• ECHA restriction dossier: Prepared under REACH Article 69–73 procedure
• Type: Regulation (directly applicable)

Definition and scope

The restriction covers synthetic polymer microparticles that are:

• Solid particles of synthetic polymer material
• Less than 5mm in any dimension
• Resistant to biodegradation (not meeting specified degradability criteria)

The restriction applies to intentionally added microplastics — particles that serve a deliberate functional purpose in the product (e.g., as abrasives, carriers, bulking agents, or for texture). Microplastics generated as unintentional fragmentation products (e.g., from tyre wear or textile washing) are addressed under separate policy instruments.

Key exemptions include:

• Synthetic polymer particles where the polymer is permanently incorporated into a solid matrix (e.g., polymer-based coatings that do not release particles)
• Industrial uses where technical containment prevents environmental release
• Certain transitional uses where no viable alternative exists

Phased restriction timeline

The restriction introduces an extended schedule to give industry time to reformulate products and develop alternatives:

| Date | Obligation | Products Affected | |------|-----------|-------------------| | 17 October 2023 | Immediate ban on placing on market | Loose glitter (standalone retail), microbeads in rinse-off cosmetics | | 17 October 2025 | Information obligations mandatory | All products containing SPM above the threshold must label: polymer identity, quantity in product, use and disposal instructions, compliance statement | | 2027 | Ban on rinse-off cosmetics containing SPM | Shampoos, shower gels, face washes, scrubs | | 31 May 2026 | First annual reporting cycle | Manufacturers/industrial users of SPM as plastic manufacturing feedstock (2025 data) | | 31 May 2027 | Second annual reporting cycle | Other manufacturers, industrial users, suppliers of exempted products (2026 data) | | 2028 | Ban on detergents and fertilizers containing SPM | Laundry detergents, fabric softeners, dishwasher detergents, fertilizers | | 2031 | Ban on plant protection products; "contains microplastics" label mandatory on remaining permitted uses | Agricultural products, make-up, nail products | | 2035 | Ban on make-up and nail products | All cosmetic make-up products, nail varnish |

Information obligations from October 2025

From 17 October 2025, any product containing intentionally added synthetic polymer microparticles above the restriction threshold must carry information stating:

1. The identity of the synthetic polymer (chemical name or trade name)
2. The quantity of SPM in the product (as percentage by weight or mass per unit)
3. Instructions for use or disposal to minimise environmental release
4. A statement of compliance with the restriction

This information obligation applies regardless of whether the product is subject to a phase-in ban. It creates a structured substance disclosure requirement that is directly analogous to REACH SVHC communication obligations.

Reporting obligations

Manufacturers, importers, and downstream users of SPM in exempt or transitional categories must submit annual reports to ECHA:

• 31 May 2026 — First report (covering 2025 data) for manufacturers and industrial users of SPM as plastic manufacturing feedstock
• 31 May 2027 — Second report (covering 2026 data) for a broader group including other industrial users and suppliers of products with transitional exemptions

Reports must include volume of SPM used, applications, and containment measures in place.

Enforcement

The microplastics restriction is enforced under the REACH national enforcement framework. Each Member State designates enforcement authorities. Penalties vary by Member State and severity:

• Fines: Ranging from €30,000 to €5,000,000 in most Member States
• Criminal liability: For major offences with significant health or environmental impact, some Member States provide for imprisonment up to 7 years
• Product seizure: Non-compliant products may be seized and removed from the market
• Import controls: Customs authorities may block imports of non-compliant products

ECHA and the Commission monitor implementation and may publish guidance to harmonise enforcement interpretation across Member States.

Who is affected

Primary sectors affected:

• Cosmetics and personal care: Rinse-off products (banned 2027), make-up and nail products (banned 2035), information obligations from October 2025
• Detergents and cleaning products: Detergents banned from 2028; significant reformulation required
• Agriculture: Fertilizers banned from 2028; plant protection products banned from 2031
• Construction and sports: Synthetic granule infill for artificial turf — information obligations from 2025; ban timeline under separate assessment
• Industrial manufacturing: SPM used as processing aids in plastic manufacturing subject to reporting from 2026

Relevance to Digital Product Passports

The microplastics restriction creates a substance-level disclosure obligation that maps directly onto ESPR DPP data architecture:

• Detergent DPPs: The Detergents Regulation revision (proposed as Regulation (EU) 2026/405) will require DPPs for detergent products listing intentionally added substances. Synthetic polymer microparticles subject to the 2023/2055 restriction are precisely the type of substance these DPPs must disclose. Companies building detergent DPP systems should integrate 2023/2055 compliance data as a mandatory substance field.

• Cosmetic DPPs: Future ESPR delegated acts targeting cosmetics will require DPPs with ingredient and substance data. Microplastic restriction compliance status — whether a product contains restricted SPM, what alternative was used, and when reformulation occurred — is a natural DPP data field for cosmetics producers.

• SVHC analogy: While synthetic polymer microparticles are not formally classified as SVHCs under REACH, the disclosure framework established by Entry 78 mirrors SVHC communication requirements. Companies that have invested in REACH SVHC tracking infrastructure can extend that infrastructure to cover Entry 78 compliance data.

• Supply chain transparency: The information obligations require communicating SPM identity and quantity through the supply chain. This creates a downstream transparency expectation consistent with DPP data sharing architectures.

Interactions with other regulations

• REACH: This restriction is an amendment to REACH Annex XVII; enforcement follows REACH national authority procedures
• ESPR: Detergent and cosmetic DPPs will incorporate substance data including SPM restriction compliance status
• Detergents Regulation (EU) 2026/405: Proposed DPP requirements for detergents will reference intentionally added substance disclosure
• Cosmetics Regulation revision: Expected to align with ESPR DPP requirements and will require SPM compliance disclosure

Source

• Commission Regulation (EU) 2023/2055 — EUR-Lex
• Microplastics restriction — ECHA
• Restriction on microplastics — European Commission Single Market