Out-Law / Your Daily Need-To-Know
Product manufacturers should review their supply chains ahead of an upcoming EU ban on the sale of goods that release microplastics into the environment when used, an expert has said.
Jacqueline Harris of Pinsent Masons was commenting after the European Commission published amendments to existing EU laws on the registration, evaluation, authorisation and restriction of chemicals (REACH) to tackle microplastics pollution.
The Commission said: “Microplastics have been found in marine, freshwater and terrestrial ecosystems as well as in food and drinking water. Their continued release contributes to permanent pollution of our ecosystems and food chains. Exposure to microplastics in laboratory studies has been linked to a range of negative (eco)toxic and physical effects on living organisms.”
The restriction, the detail of which is set out in an amending regulation (14-page / 206KB PDF) and accompanying annex (20-page / 302KB PDF) issued by the Commission, will “prohibit the sale of microplastics as such, and of products to which microplastics have been added on purpose and that release those microplastics when used”, the Commission said. It has been introduced on the recommendation of the European Chemicals Agency.
All synthetic polymer particles below five millimetres that are organic, insoluble and resist degradation are within scope of the new rules. Examples of products caught by the restriction that have been cited by the Commission include some cosmetic products, detergents, fabric softeners, fertilisers, and medicines. Microplastics used in “granular infill material” on artificial sports pitches are also caught by the new rules.
The are some exceptions built into the legislation. The Commission said: “Products used at industrial sites or not releasing microplastics during use are derogated from the sale ban, but their manufacturers will have to provide instructions on how to use and dispose of the product to prevent microplastics emissions.”
While the restrictions are due to come into force in the coming days, most will not take effect for years. However, in some cases the restriction will apply immediately – including exfoliation products containing microbeads. The Commission has estimated the total cost of implementing the restriction will be €19 billion over the next 20 years.
Harris said: “This new restriction is symptomatic of the increasing political appetite to regulate chemicals viewed as potentially harmful – the move to apply stronger regulation of so-called ‘forever chemicals’, or ‘PFAS’, is another case in point.”
“For manufacturers, the new restrictions should spur a review of supply chains – and action, where necessary, to avoid falling foul of the new rules,” she said.
“There are reputational issues at stake here too. Environmental and social issues, and matters of corporate governance, are increasingly considered by consumers, customers and in financing arrangements and procurement, as well as being reflected in law and regulation. ‘ESG’ due diligence is vital for businesses seeking to build and maintain a reputation for sustainable business,” Harris said.
Contact an adviser
