In yet another move by the European Commission to improve the environmental impact of manufacturing companies, they’ve recently proposed a ban on microplastics. There has been a drastic increase in the number of plastics produced by companies around the world recently, and we’re slowly learning about the effects of microplastics on the environment and on our health, so it’s no wonder that the European Commission has proposed to ban microplastics. But how far-reaching is this proposal and what does it cover? We’ll discuss all of the nuances of the European Commission microplastic ban proposal here.
There are several industries that will be impacted by the proposed ban, and there isn’t much room left for exceptions or flexibility. So we predict that consequences of this proposal will effect industries such as the manufacturers of medical devices, cosmetics, fragrances and biocidal products, all of which contain varying degrees of microplastics.
The European Commission’s ban proposal came about because earlier this year there were microplastics found in human blood for the first time. Scientists from Vrije Universiteit Amsterdam actually discovered that microplastics were present in the blood of around 80% of the people who were tested.
What Are Microplastics?
Of course, the first thing you need to know is what microplastics are. Microplastics and nanoplastics are the smallest plastics that can be made and used in industrial applications. Microplastics are anything between 100 nm and 5mm. Nanoplastics are under 100 nm. It’s likely that we’ll discuss both in this article because both small plastic types are so close in relation.
What is the Proposal Called and When Was it Introduced?
The European Commission first issued a proposal to ban microplastics, then it issued a proposal that was 2017 pages long. The microplastics ban proposal was made on August 30, 2022.
It’s called the European Parliament and Council concerning the Regulation, Evaluation, Authorisation, and Restriction of Chemicals (REACH) Regulation No 1907/2006, Annex XVII, which they’re amending. Specifically the sections that the European Commission is amending are in regards to microplastics made from synthetic polymers.
What Does The Ban Proposal Contain?
The European Commission’s microplastic ban proposes the banned use of microplastics being introduced to the consumer market either alone, or when mixed into products for consistency reasons. Products won’t be allowed to contain more than 0.01% microplastic concentration in their mixtures.
This not only effects products that contain microplastics by themselves, but also those that contain mixtures of microplastics like fragrances and cosmetics, plant protection and fertilizing products, as well as biocidal products.
The exceptions for the types of acceptable microplastics being used are limited to degradable polymers. And there are very few products that have been exempted from the ban, such as food additives, specific types of fertilizing products, in-vitro diagnostic devices and medical products.
There are transitional periods that the European Commission has proposed in an effort to make the transition to the ban go over a little easier for the industries most effected by the ban. This will give them time to stop using microplastics or switch over to degradable polymers that are acceptable under the new ban. Here are some of the transitional periods that the European Commission has proposed:
- After the ban takes effect, 4 years for cosmetic products that rinse off.
- 5 years after the ban takes effect for waxes, polishes, detergents, air freshener and air care products, as well as any fertilizing products for agricultural and horticultural use that are not covered under Regulation (EU) 2019/1009.
- After the ban takes effect, 6 years for fragrances, medical devices and leave-on cosmetic products that fall under Regulation (EU) 2017/745, as well as synthetic sports surfaces that use granular infill.
- An 8 year transitional period has been proposed for biocidal products and plant protection products.
- The longest transitional period proposed by the European Commission is a 12 year period for lip and nail products, as well as other forms of make-up.
Not only does the ban mean that companies are restricted from using microplastics in their products, they’ll also be required to list the amounts of microplastics they use in their products, and microplastic suppliers will have to be more transparent about their products, as well.
This means that during the transitional period for, say detergents, detergent products that still contain microplastics will be required to include a statement that says “This product contains microplastics” on the label, packaging, and on either the product safety information or leaflet. This could be a real shake up or booklet labels on products and all environmental labels in general.
A number of manufacturers will also have to report their use of microplastics (or lack thereof), such as companies that are downstream, or companies that manufacture products containing acceptable levels of microplastics.
Who Will the Ban Pertain to?
For the most part, consumers won’t be affected by the microplastics ban and its regulations apart from the fact that they’ll hopefully use and consume less microplastics in the future as a result of it.
The ban mostly effects product manufacturers, downstream users of microplastics, and importers.
Why Does This Ban Matter?
The potential environmental impact of this ban is noteworthy, as is the far-reaching impact of the ban in the numerous industries it will impact. It doesn’t just apply to companies that make microplastics, but also to companies that use them in their products’ compositions. This means that companies will scramble to reformulate the composition of their products to either eliminate microplastics entirely or to drastically reduce them to the levels accepted under the ban. They’ll also be forced to comply with packaging and labelling regulations that indicate their use of microplastics, especially during the transitional periods proposed by the ban.
This is such a far-reaching ban that it will be difficult for many companies to comply with it, and it may be even more difficult for authorities to enforce it when you consider the number of products and industries to be effected by it.
What Steps Come Next?
The ban was first proposed in August 2022, then formally proposed September 2022 at the REACH Committee. The REACH committee is a group of members made up of Member State representatives who are in support of the European Commission and it work with the REACH regulation. After a vote by the REACH committee, the proposal has been sent on to the European Parliament and Counci, and is currently in a three-month period of scrutiny. During this period the European Parliament and Council can either adopt or reject the proposal.
Where Can I Find the Proposal?
If reading about the microplastics ban proposal has peaked your interest and you’d like to read all of the subtle nuances of the European Commission proposal, you can find it here.
Criticisms of the Microplastic Ban Proposal
Of course when such a far-reaching ban is proposed, companies will come out with criticisms. But some of the criticisms aren’t quite what you would expect in this case. Naturally, companies have voiced their disapproval of the ban and their dissatisfaction with how their industries will be impacted.
Both Client Earth and the European Environmental Bureau have said this of the ban: “After years of limbo, we are glad to finally see the Commission tackling this major environmental problem. It’s a relief to see that the draft proposal commits to restricting the biggest source of microplastics- those used in sports pitches. Nanoplastics- the smallest type of plastic- will also be regulated.”
That sounds like a glowing positive review, and you’re probably waiting for the criticism. This next part gets fairly critical.
“That said, transition periods for companies to adapt to this new law would be exceedingly long according to this draft proposal- up to 12 years for some make-up items. That’s unacceptable. Reporting requirements for companies supplying microplastics used at industrial sites also need to be rock solid, which is not the case in the draft proposal.”
But even though those words seem to be chiding the European Commission for not proposing a ban that’s more strict, believe it or not, Client Earth and the European Environmental Bureau aren’t the ban’s strongest critics.
Feedback from the European Synthetic Turf Council
Artificial turf systems have long used both microplastics and recycled rubber as infill, and this practice is under fire under the European Commission’s microplastics ban proposal because it places restrictions on adding microplastics to any product intentionally.
The European Commission has proposed that both the adding of microplastics to existing synthetic turf and placing a ban on potential future sales of microplastic infill is the most effective way to reduce the amount of microplastics being introduced to the environment in this industry.
The European Synthetic Turf Council has released a paper that spells out their position on the ban in no uncertain terms. The first part of the paper basically says that they understand why the Commission is eager to reduce the amount of microplastics being used, and that it even agrees with several other regulations and proposals that pertain to microplastics and infilling.
Then they go on to comment about the proposed six year transitional period, saying “current surfaces are expected to be usable for at least 10 years and many existing fields may struggle to achieve their full-service life due to an inability to purchase the materials required for on-going maintenance, forcing communities, schools and sports clubs to either replace their surfaces prematurely or risk deteriorations in the quality and safety of their fields.
“ESTC therefore calls for the transition period to be extended to at least 10 years to enable those that have recently invested in new fields to obtain the full operational life they anticipated.”
They do say that they’re pleased that the European Commission hasn’t included any retrospective action taken for current fields because the ESTC says it would be hard on both facility owners and operators. But they do go on to say that they encourage everyone with a synthetic field to keep up with its upkeep to prevent microplastics from being leaked into the environment as much.
The Environmental Impact of Microplastics
We’ve known for a long time that plastics were building in the environment. As far back as the 1970s experts have noted that plastic particles were beginning to make up an alarming portion of the debris settled on the ocean floor. The word “microplastics” was first used to describe this buildup of small plastics on the ocean floor, and the term was first coined by Thompson et al in 2004. Since then it’s come to encompass both micro and nanoplastics that fragment from larger plastic pieces and settle at the bottom of the ocean floor.
A lot of microplastic compositions are bichemically inert, which means they aren’t toxic. But changes to their composition from manufacturers have increased their toxicity, which is why there’s such a focus on microplastics in the environment right now.
Some estimates indicate that there are between hundreds and thousands of tons of microplastics floating around marine ecosystems currently, making them a major marine contaminate. But recent studies have shown that they exist in both freshwater and terrestrial environments, as well.
Furthermore, microplastics transfer toxic materials such as DDT and hexachlorobenzene. Many animals transfer the microplastics from their environments, such as copepods, bivalves and echinoderms during different life stages. We’re not really certain of the absorbtion rate of microplastics among animals, but what we do know is that a variety of wildlife have ingested them and they’ve exhibited a potential to disrupt cellular membranes, as well as cause oxidative stress. This means that they can cause problems with the respiratory process and system, and break down cell structures.
How do these microplastics get released into the environment? Most of the plastic products we use don’t get properly recycled, and are instead sent to sit in landfills, where they can last for up to 1,000 years. This gives them the chance to leach into soil and water as they very slowly decompose. Experts in Germany have warned that microplastics in the soil are far higher in concentration than those in the ocean, which is alarming but it makes sense when you consider their origins. In fact, they’ve stated that microplastic levels in the soil, depending on their location, can be between 4%-23% higher than concentration levels in the ocean.