Reminder: ban of microplastic – Deadlines for agricultural and biocidal products
Regulation (EU) 2023/2055¹, amends Annex XVII² of the REACH Regulation and restricts synthetic polymer microparticles on their own or intentionally added to mixtures with the aim of reducing the emission of microplastics in everyday products in order to protect the environment. Microplastics have raised concerns due to their persistence and widespread presence.
The requirement prohibits the placing on the market of microplastics as substances on their own or, where they are present to confer a sought-after characteristic (e.g. controlled release formulations), in mixtures in a concentration equal to or greater than 0.01 % by weight. Products concerned are those aimed for both consumer and professional uses.
Detailed definition, exemptions and derogations are given. Methods to prove the degradability as well as the solubility of polymers are also given in the Regulation. All actors along the supply chain are involved, whether manufacturers, formulators or distributors. The regulation provides a transitional phase with a progressive implementation deadline from 2025 to 2035 for the ban of microplastics in various products. For example, the following agricultural products are concerned:
- Fertilising products³ from 17th October, 2028
- Seed coatings and other products for agricultural and horticultural products from 17th October, 2028
- Pesticides from 17th October, 2031 (NB: includes microcapsules used in CS type formulations)
While for biocidal products the deadline is:
- Biocides from 17th October, 2031⁴
Impact for manufacturers:
- The transitional phase allows manufacturers and applicants to develop and authorise new formulations before the ban
- For some manufacturers, this may trigger the amendment of product compositions as both significant or non-significant changes, triggering new regulatory data requirements.
- In case of seed coatings, microplastic use will be checked by authorities used in the associated regulatory studies.
Our regulatory and chemistry experts are ready to answer all the questions you may have on this topic. Our GLP-certified physico-chemistry laboratory (Valence, France) is available for formulation testing whenever required to support product content changes.
¹ 17 October 2023
² entry 78 Annex XVII
³ Fertilisers not compliant with Regulation 2019/1009
⁴ Other deadlines: Rinse-off products from October 17, 2027/Detergents from October 17, 2028/ Leave-on products from October 17, 2029/“devices” from October 17, 2029/ encapsulated fragrances from October 17, 2029/In fill products for sports surface from October 17, 2031/Lip products from October 17, 2035.
