Prohibition of the sale of products containing microplastics

Any company established in a member state of the European Union, producing and offering products containing plastic flakes and microbeads or synthetic polymer particles (microplastics), whether they are present independently or incorporated into a product.

The particles concerned are those :

• containing at least 1% plastic (by weight), including those composed of another material and covered with a plastic film, and
• meeting one of the 2 following conditions:
• all dimensions are less than 5 mm ;
• their length is less than 1.5 cm and the ratio of their length to their diameter is greater than 3.

The ban does not apply to :

• plastics whose degradability can be demonstrated in the laboratory in at least three of the following six compartments: soil, freshwater, seawater, river sediments, marine sediments and the seawater/marine sediment interface;
• industrially-produced medicinal products for human use and veterinary medicinal products, intended to be placed on the market in the Member States ;
• EU fertilisers, food additives, food and feedstuffs, in vitro diagnostic devices;
  
• microplastics contained in such a way as to prevent release into the environment;
• microplastics permanently incorporated into a solid matrix;
• microplastics present in mixtures at a concentration of less than 0.01% by mass.

The microplastics concerned will be banned from sale from 17 October 2023.

However, this ban will apply to certain products after the following adaptation periods:

• 4 years for rinse-off products (from 17 October 2027) ;
• 5 years for detergents, waxes and polishes and fertilisers (from 17 October 2028);
• 6 years for cosmetic products without rinsing, perfume encapsulation, medical devices and agricultural and horticultural products (from 17 October 2029);
• 8 years for synthetic sports pitches and plant protection products (from 17 October 2031);
• 12 years for make-up, including lipstick and nail varnish (from 17 October 2035) (A).

A: from 17 October 2031 and until 16 October 2035, the suppliers concerned must provide the following declaration: "This product contains microplastics". However, products placed on the market before 17 October 2031 must not be relabelled or repackaged to include the above statement until 17 December 2031.

Other display, presentation and declaration obligations applicable from 2026 and 2027 are laid down in the regulation for suppliers of products containing synthetic polymer microparticles.