Where do micro-plastics come from?

The European Union has adopted a comprehensive restriction on microplastics intentionally added to products (REACH Regulation (EC) No. 1907/2006). This means that the sale of micro-plastics and of mixtures to which micro-plastics have been added in products, and which release them during use, is now prohibited.

This has far-reaching consequences for manufacturers and distributors of products containing micro-plastics. Tiny fragments of synthetic or chemically modified natural polymers are widespread in the environment, can be easily ingested by living organisms, and accumulate in the food chain.

One reason for this is that these polymers are insoluble in water and degrade very slowly, if at all. They have already been found in drinking water and food. The ubiquitous presence of these polymers raises concerns about their general impact on the environment and, potentially, on human health.

Therefore, it is important to deliberately reduce the use of micro-plastics and to switch to alternative materials. Whether and how the EU will act against the unintentional release of micro-plastics (e.g. through tyre abrasion) in the future remains uncertain for the time being.

Defining micro-plastics

According to the restriction, the term “micro-plastics” refers to all solid, synthetic, organic, insoluble and poorly degradable polymer micro-particles below 5mm in all dimensions and fibre-like particles below 15mm in length.

The restriction applies as soon as the polymers constitute at least 1% by weight of the particles or form a continuous coating on particles. The restriction currently refers to micro-plastics that are intentionally added to products to achieve a certain property.

In the furniture manufacturing industry, chipping of old paint or the sanding of primers does not constitute intentional release. The micro-plastics restriction affects all intentionally added polymer micro-particles having the above-mentioned properties.

Various transitional periods apply to specific uses, mixtures and/or products containing micro-plastics. These range from 17 October 2027 (micro-beads for use as an exfoliation abrasive in cosmetic products) to 17 October 2035 (use in cosmetics).

Suppliers of polymer micro-particles will have to provide instructions and, where appropriate, additional information to downstream industrial and professional users and consumers from 17 October, 2025.

In addition, manufacturers, suppliers, and industrial downstream users of polymer micro-particles must notify certain information to the ECHA annually from 31 May, 2026. It is not yet clear how and via which portals the notifications must be submitted.

Some exemptions

In addition to the exempted uses and legal areas (use in industrial plants, veterinary medicinal products, certain fertilisers, food additives, in-vitro diagnostic devices and food), micro-plastics are exempt from the restriction in some situations.

‘Containment’ in technical terms means preventing release to the environment. Modifications to properties, such that the definition of polymer micro-particles no longer applies.

The restriction does not define technical means in more detail, but some examples are mentioned in the recitals (e.g. chromatography columns, water-filtering cartridges and printer toners).

For the paints and coatings industry, there is some cause for celebration. If the micro-plastic particles are incorporated into a solid matrix, such as in a layer of paint or surface coating, then manufacturers and users are exempt.

Nevertheless, the information and declaration obligations must still be observed.

For the first time, the restriction does not address any specific substances or class of substances but specifies the dimensions and properties of a very diverse range of synthetic polymers. In fact, under the restriction, the substance from which the particles are made is almost irrelevant.

Breaches, penalties

The restriction also impacts other areas of law that are partially exempt from the REACH Regulation, or where there are additional regulations and directives in force that regulate use.

Among those affected are cosmetics, detergents, medical devices, fertilisers and plant protection products. Even people who otherwise have no points of contact with REACH should look at the law to see if it affects them.

The reason is that, even if companies are exempt, they may still be subject to information and declaration obligations. The goal, though, should be to develop products in which the micro-plastics have been replaced by substances that are less harmful to the environment.

Many interesting approaches and real alternatives already exist here. Of course, many alternatives may be critical in other ways, e.g. shellac is not vegan, and the extraction of mica for glitter products is often socially unacceptable.

The penalties for breaching the micro-plastics restriction are governed by the national laws of the EU member states, which are responsible for enforcing the restriction and sanctioning breaches.

The sanctions may vary with the severity and frequency of the breach and may take the form of fines, product withdrawal, a sales ban and even prison sentences. The EU Commission will monitor the implementation and effectiveness of the restriction and report on it regularly.

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