EU Proposed to Tighten a Derogation Criterion for Microplastics
| Targeted audience | EU/EEA manufacturers, EU/EEA importers and their upstream providers |
| Products concerned | Consumer products (substances, mixtures) |
| Key industries concerned with this insight |
Cosmetics, toys, stationery, decorations |
| Application date | 17 October 2023 (unless specified) |
| Main content or requirements | On 17 September 2025, the EU proposed to amend the EU REACH Regulation Annex XVII Entry 78 on synthetic polymer microparticles (SPM, microplastics), especially the criterion in the Derogation 5(c): Only the cases where the end use is foreseen to last for one year or longer will be able to benefit from the Derogation 5(c) |
| Reference | https://eur-lex.europa.eu/eli/reg/2023/2055/oj https://eping.wto.org/en/Search/Index?documentSymbol=G%2FTBT%2FN%2FEU%2F1157 |
On 17 September 2025, the European Commission proposed to amend the EU REACH Regulation (EC) No 1907/2006 Annex XVII Entry 78 on synthetic polymer microparticles (SPM, microplastics), especially the criterion in the Derogation 5(c). The amendment is intended to enter into force on the twentieth day after its publication in the Official Journal of the European Union (OJEU).
The highlights are as follows:
| Current Wording in Derogation 5(c) | Proposed Wording in Derogation 5(c) |
| Synthetic polymer microparticles which are permanently incorporated into a solid matrix during intended end use. | Synthetic polymer microparticles which are permanently incorporated into a solid matrix during an intended end use of a duration of one year or longer. |
The modification is proposed since Derogation 5(c) was not meant to apply to intended end uses of short duration, where the solid matrix is frequently removed or replaced, and as a result, the incorporation of the synthetic polymer microparticles in the solid matrix is short-lived. Therefore, only the cases where the end use is foreseen to last for one year or longer can benefit from the Derogation 5(c).
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