Microplastic particles restricted under REACH Annex XVII

New microplastics legislation

19th December 2023

New legislation may affect companies in the product supply chain.

On 27th September 2023, the European Union introduced new legislation restricting the use of microplastics, which could have important implications for suppliers of consumer goods. Commission Regulation (EU) 2023/2055 creates ‘entry 78’ in REACH Annex XVII, which prohibits the placing on the market of microplastics on their own, or as constituents of mixtures at concentrations of 0.01 per cent or above, where they are intended to confer a desirable characteristic.

There are several exemptions in place, including for biodegradable, soluble, natural or inorganic glitter and for microplastics that are bound or permanently incorporated into a solid matrix so that they do not release particles into the environment. From October 2025, suppliers of such items will have an obligation to provide information to downstream users on the correct use and disposal of the product to prevent the release of microplastics. For new products placed onto the market after October 2027, suppliers will also have a legal obligation to make an annual notification to the European Chemicals Agency (ECHA) detailing how microplastics are used.

This new regulation has raised questions within the fashion industry regarding the use of glitter in clothing and footwear. Guidance notes published by the European Commission state that articles which serve a purely decorative purpose, such as festive decorations, are within the scope of the restriction unless the glitter is permanently bound so that it does not shed from the item. However, for glittered materials used to produce clothing and footwear, the decorative function is deemed to be secondary and, as such, the glitter is outside of the scope of restriction. Hence, glittered clothing and footwear may continue to be placed onto the market. Nevertheless, it is advisable that suppliers of clothing and footwear take steps to minimise the release of glitter from their products to reduce the environmental impact that the shedding of microplastics can have.

SATRA will publish a technical article about the microplastics restriction once more detailed guidance is available from the European Commission.

Please email chemistry@satra.com for assistance with the microplastics regulation.