European Commission wants ban on products with added microplastics

Microplastics are small pieces of plastic of less than 5 millimetres. They can be unintentionally formed when larger pieces of plastic, such as car tyres or synthetic textiles, show wear and tear. But they are also deliberately manufactured and added to products for specific purposes. According to the European Chemicals Agency ECHA, they are found in cosmetics, such as scrubs, in detergents, cleaning products, paints, fertilisers and pesticides. They are also used as infill material on sports pitches. Due to the addition of microplastics, approximately 42,000 tonnes of microplastics end up in the environment every year. Once they enter the environment, they are virtually impossible to remove, with negative consequences for animals and plants. The draft Regulation aims to ban products in which the added microplastics make up more than 0.01 per cent of the weight. History In 2017, the European Commission asked ECHA to assess the scientific data on intentionally added microplastics. In early 2018, the Commission promised in its Plastics Strategy to tackle microplastics. Subsequently, in 2019, ECHA proposed a broad restriction on microplastics traded in products in the European Union. And now, a draft is finally on the table. The European Commission starts discussions on the proposal with European member states on 23 September 2022, during a REACH Committee meeting. Subsequently, a few more consultations will take place before a vote is held. In addition to rules for micro- and nanoplastics, the proposal also aims to give citizens of the European Union access to information about the chemical substances to which they may be exposed. Artificial grass pitches Environmental organisation Recycling Netwerk Benelux responds: “After years of delay, we are pleased that the European Commission is finally tackling this huge environmental problem. It is good that the draft proposal curbs the largest source of microplastics, those in rubber granulate on sports pitches. Recycling Netwerk has been advocating for restrictions and bans on that granular infill of sports pitches for years”. Rubber granulate is used for sports pitches. This granulate largely consists of ground-up car tyres, which mainly contain synthetic 'SBR rubber', supplemented with new synthetic rubber. The Commission's proposal bans this granular infill, with a transitional period of six years. That granular infill material is the largest source of pollution, with releases of up to 16,000 tonnes, ECHA says. Nanoplastics “It is also important that the Regulation does not contain a lower limit and therefore also regulates nanoplastics, the smallest plastics. This means that microscopically small pieces of plastic are also included. It is precisely these nanoplastics that are increasingly being found in the environment by scientists. From the ice at the North and South Poles to huge quantities in the Dutch Wadden Sea, as Utrecht University demonstrated in July,” says Recycling Netwerk. Nanoplastics are included, except “where the concentration of microparticles of synthetic polymers cannot be determined using existing analytical methods or accompanying documentation”. In that case, a lower limit for the size of 1 or 3 micrometres may apply, depending on the dimensions of the polymer. This seems to follow the cautious approach of one of the ECHA committees (SEAC), which is not good news and will be difficult to enforce. Regulation The European Commission has opted for the instrument of a European Regulation. “We are pleased with that choice,” says Recycling Netwerk: “A regulation is a binding legislative act. It is immediately applicable in its entirety in all member states and takes precedence over national legislation.” A “directive”, on the other hand, is a legislative act that only sets objectives that all EU countries must achieve and transpose into their national legislation within a certain period. “The Single-Use Plastics Directive (SUPD) is an example of such a directive, as a result of which we see different implementation and ambitions in the European member states, for example regarding reuse targets. Pollution still partly allowed The European Commission's proposal, however, still allows microplastic pollution in a number of areas. For example, liquid and soluble polymers are not included, nor are non-carbon-containing polymers. Also, 'biodegradable' polymers are excluded. This is a risk, given that biodegradability has different degrees and is not well defined. An industrially compostable plastic that is processed together with organic waste in a special facility is also called 'biodegradable'. However, this does not break down in the natural environment, with the same risks as other plastic. In addition, the so-called transition

Microplastics are small pieces of plastic of less than 5 millimetres. They can be unintentionally formed when larger pieces of plastic, such as car tyres or synthetic textiles, show wear and tear.

But they are also deliberately manufactured and added to products for specific purposes. According to the European Chemicals Agency ECHA, they are found in cosmetics, such as scrubs, in detergents, cleaning products, paints, fertilisers and pesticides. They are also used as infill material on sports pitches.

Due to the addition of microplastics, approximately 42,000 tonnes of microplastics end up in the environment every year. Once they enter the environment, they are virtually impossible to remove, with negative consequences for animals and plants.

The draft Regulation aims to ban products in which the added microplastics make up more than 0.01 per cent of the weight.

History

In 2017, the European Commission asked ECHA to assess the scientific data on intentionally added microplastics. In early 2018, the Commission promised in its Plastics Strategy to tackle microplastics. Subsequently, in 2019, ECHA proposed a broad restriction on microplastics traded in products in the European Union. And now, a draft is finally on the table.

The European Commission starts discussions on the proposal with European member states on 23 September 2022, during a REACH Committee meeting. Subsequently, a few more consultations will take place before a vote is held.

In addition to rules for micro- and nanoplastics, the proposal also aims to give citizens of the European Union access to information about the chemical substances to which they may be exposed.

Artificial grass pitches

Environmental organisation Recycling Netwerk Benelux responds: “After years of delay, we are pleased that the European Commission is finally tackling this huge environmental problem. It is good that the draft proposal curbs the largest source of microplastics, those in rubber granulate on sports pitches. Recycling Netwerk has been advocating for years for restrictions and bans on that granular infill of sports pitches”.

Rubber granulate is used for sports pitches. This granulate largely consists of ground-up car tyres, which mainly contain synthetic ‘SBR rubber’, supplemented with new synthetic rubber. The Commission's proposal bans this granular infill, with a transitional period of six years.

That granular infill material is the largest source of pollution, with releases of up to 16,000 tonnes, says ECHA.

Nanoplastics

“It is also important that the Regulation does not contain a lower limit and therefore also regulates nanoplastics, the smallest plastics. This means that microscopically small pieces of plastic are also included. It is precisely these nanoplastics that are increasingly being found in the environment by scientists. From the ice at the North and South Poles to huge quantities in the Dutch Wadden Sea, as Utrecht University demonstrated in July,” says Recycling Netwerk.

Nanoplastics are included, except “where the concentration of microparticles of synthetic polymers cannot be determined using existing analytical methods or accompanying documentation”. In that case, a lower limit for the size of 1 or 3 micrometres may apply, depending on the dimensions of the polymer. This seems to follow the cautious approach of one of the ECHA committees (SEAC), which is not good news and will be difficult to enforce.

Regulation

The European Commission has opted for the instrument of a European Regulation.

“We are pleased with that choice,” says Recycling Netwerk: “A regulation is a binding legislative act. It is immediately applicable in its entirety in all member states and takes precedence over national legislation.”

A “directive”, on the other hand, is a legislative act that only sets objectives that all EU countries must achieve and transpose into their national legislation within a certain period. ‘The Single-Use Plastics Directive (SUPD) is an example of such a directive, as a result of which we see different implementation and ambitions in the European member states, for example regarding reuse targets.

Pollution still partly allowed

The European Commission's proposal, however, still allows microplastic pollution in a number of areas. For example, liquid and soluble polymers are not included, nor are non-carbon-containing polymers. Also, 'biodegradable' polymers are excluded.

This is a risk, given that biodegradability has different degrees and is not well defined. An industrially compostable plastic that is processed together with organic waste in a special facility is also called 'biodegradable'. However, this does not break down in the natural environment, with the same risks as other plastic.

In addition, the so-called transition periods are all very long. One is even remarkably long: the Commission proposes a transition period of no less than 12 years for lip products, nail products and make-up.

Public consultation

Our colleagues at ClientEarth, an international NGO consisting of lawyers and policy experts, have already responded to the proposal: “It is crucial that this draft becomes the strongest possible law if we want to stop microplastic pollution. It is now up to the member states to take that responsibility. Intentionally added microplastics are the most preventable source of microplastic pollution. One extra year without microplastics restriction could lead to the equivalent of 1.6 billion plastic bottles ending up in the environment”.

In May, Recycling Netwerk Benelux took part in the public consultation on microplastic pollution. “The upcoming European legislation is a step in the right direction and sends a signal to consciously polluting companies. At the same time, the negotiations in the coming months are crucial to achieve an ambitious draft”.

Together with partner organisations such as the Plastic Soup Foundation, we continue to put pressure on our government to demand ambitious legislation from Europe.

In addition to this approach to intentionally added microplastics, the European Commission is considering additional options for reducing the release of unintentionally formed microplastics into the aquatic environment as part of its plastics strategy and the new circular economy action plan. According to ECHA, this concerns another 176,000 tonnes per year in European surface waters.