Microplastic restrictions under REACH
Do you use synthetic polymer microparticles (SPM) – better known as microplastics – in your products or processes? With Annex XVII, Entry 78 of the REACH Regulation, new restrictions have been in force since October 2023, imposing far-reaching obligations on the manufacture, placing on the market and use of synthetic polymer microparticles.
Many companies are affected, including those that do not directly manufacture microplastics but use them in their products, such as cleaning, care or construction products, paints, plastics or fertilisers. The new requirements entail extensive information, declaration and reporting obligations.
Together with us, you can keep track of your obligations, deadlines and exemptions and ensure that your products comply with REACH requirements.
How you benefit from us
"Many companies are initially unsure whether their products fall under the new restrictions. The definitions and exceptions are complex and often not apparent at first glance. The first step in consulting is therefore to find out which requirements actually apply and what steps are necessary. This allows us to create a clear basis for implementing the legal requirements."
Dr Elisa Grabitz | REACH expert
Questions and answers about microplastics
The restriction applies to manufacturers and downstream industrial users of synthetic polymer microparticles and other downstream industrial users who use synthetic polymer microparticles in industrial facilities, as well as to suppliers of products containing synthetic polymer microparticles. Which obligations a company has to fulfil depends on the area of application of the microplastics and on which users (industrial, commercial, private) the products are supplied to.
Microplastics are defined as solid synthetic polymer microparticles that either occur in particles at a concentration of at least 1% (w/w) or are particles with a continuous polymer coating. If these particles are smaller than or equal to 5 mm or smaller than or equal to 15 mm in the case of fibres (ratio of length to diameter is greater than 3), they are referred to as microplastics or synthetic polymer microparticles (SPM for short). Natural, inorganic, water-soluble or biodegradable polymers do not fall within the scope of this regulation. However, soluble and biodegradable polymers are subject to the obligation to provide information to the authorities.
Manufacturers and downstream industrial users of synthetic polymer microparticles used as raw materials for plastic production must report certain information to the Agency from 2026 until 31 May. For all other manufacturers, downstream industrial users and suppliers of products containing microplastics, the reporting obligation will apply from 2027 until 31 May. The report must be updated annually with data from the previous year by 31 May.
Information on the use, identity, quantity emitted and applicable derogation must be reported.
Suppliers who supply microplastics to industrial users must provide instructions for use and disposal, a reference to the restriction, information on the quantity or concentration in the mixture and the identity of the microplastics. This information must be included in the safety data sheet (SDS). However, as the information must be provided with every delivery of the product, it is advisable to also include the information on the label, packaging or package insert so that a paper SDS does not have to be sent with every delivery.
For certain products, instructions for use and disposal must be provided, explaining how to prevent the release of microplastics into the environment. This information must be provided on the label, packaging or package insert of the products.
If the information is provided exclusively in the SDS, it must be enclosed in paper form with each delivery.
Distributors who do not make any changes to the product are not subject to reporting requirements, but must pass on the information provided by the supplier. Formulators who mix or bottle products containing SPM are considered industrial users. This means that they must not only pass on information to their customers, but also comply with reporting requirements.
The REACH Regulation empowers national authorities to carry out inspections and report any offences. Administrative offences are punishable by fines of up to €50,000 per case. In particularly serious cases of legal violations, prison sentences may also be imposed.
