European Commission confirms restrictions on uses of microplastics

In a move likely to impact the use of rubber infill on playground surfaces and artificial sports fields worldwide, the European Commission has announced the implementation of its proposed restrictions on microplastics.

One year after being first introduced, the European Union Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation, which will come into force on 17th October 2023, restricts on the intentional adding of microplastics in a range of products.

With the European Union estimating that the restrictions could prevent the release of around half a million tonnes of microplastics in the coming years, the aim of this regulation is to reduce the emission of microplastics in everyday products in order to protect the environment.

The Regulation establishes two stages for the implementation of the measures: products such as glitter glue and cosmetics containing microbeads will be banned immediately; manufacturers of certain cosmetics such as make-up, lip and nail products will have a period of between 4 and 12 years to modify the composition of their products and bring them into line with the new regulation.

Artificial turf with rubber substrate
A special case is that of artificial turf sports fields with a substrate of rubber particles. During the drafting of the Regulation, it was initially suggested that a marketing ban with a transitional period of three years could be introduced if risk management measures were implemented to ensure that the annual release of micro-particulates would not exceed 7 grams per square metre.

However, the European Chemicals Agency's Risk Assessment Committee considered that "infill material for use in synthetic turf sports surfaces is the largest contributor in terms of microplastic use in products, as well as the largest source of environmental emissions". The Centre doubted that the proposed risk management measures would ensure acceptable emissions.

In the end, the European Commission increased the transitional period for the marketing ban to eight years, "in order to ensure that more existing synthetic sports surfaces using this product can reach the natural end of their useful life".

As a result, the ban on polymeric infill materials will come into force in 2031 after the eight-year transition period.

This period has been designed to ensure that existing synthetic turf fields containing polymeric infills can continue to be used and maintained until they reach end-of-life.

It will mean that from 2031 only natural performance infill materials will be permitted for use in synthetic turf systems. The EC said the decision “takes another major step to protect the environment by adopting measures that restrict microplastics”.

Microplastic Definition: The restrictions adopt a comprehensive definition of microplastics, encompassing “synthetic polymer particles below five millimetres that are organic, insoluble, and resistant to degradation”.

Certain types of polymers have been excluded from this definition; we recommend checking the list if you suspect a polymer you use may qualify as a microplastic.

Covered Products: The restrictions apply to microplastics when they are sold as standalone substances or are “intentionally added” to provide specific desired characteristics in mixtures at a concentration equal to or greater than 0.01% weight/weight. Microbeads are an example of intentionally added microplastics. Some exceptions apply, which are outlined below.

Excluded Products: Certain products are exempt from the scope of the microplastic restrictions, allowing them to continue using microplastics, even when intentionally added. These exclusions encompass:

• Microplastics used at industrial sites.

• Medicinal products and veterinary medicinal products.

• EU fertilising products.

• Food additives.

• In vitro diagnostic devices.

• Food and feed.

However, suppliers of medicinal products, veterinary medicinal products, food additives, and in vitro diagnostic devices containing microplastics are required to report specific information annually to the European Chemicals Agency (ECHA). Additionally, suppliers of microplastics used at industrial sites, as well as those supplying food additives and in vitro diagnostic devices containing microplastics, must provide instructions on product use and disposal to mitigate microplastic emissions.

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