EU 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	22 June 2028
Main content or requirements	On 2 June 2026, the EU amended the criterion in Derogation 5(c) in the EU REACH Regulation Annex XVII Entry 78 on synthetic polymer microparticles (SPM, microplastics), stating that only in cases where the end use is foreseen to last for one year or longer will they be able to benefit from Derogation 5(c)
Reference	Link 1 Link 2

On 2 June 2026, the European Commission published Regulation (EU) 2026/1168 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 to the Derogation 5(c) will apply from 22 June 2028.

The highlights are as follows:

Current Wording in Derogation 5(c)	Wording in Derogation 5(c) from 22 June 2028
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 because 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 Derogation 5(c).

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