Reach: New entry in Annex XVII, microplastics and glitter
Update October 17th, 2023
The Commission published a guidance note on the REACH restriction on microplastics and its implementation. This was done in addition to the Commission’s Q&A document, which is still scheduled to be published by the end of 2023.
In the Commission note, the main points outlined are:
- in case of glittered articles for which the decorative function is secondary (such as textiles used for garments or footwear), glitter is always regarded as an integral part of the article. These glittered articles e.g.: clothing, shoes, curtains are out of the scope of the restriction.
- for glittered articles having a purely decorative function, or for which the decorative function is the main function of the article (such as textiles used in certain art and craft kits, toy/party hats, Christmas decorations), the glitter can only be regarded as an integral part of the article if it does not detach from the article during normal end use, including storage.
- in case glitter detaches from the article during normal end use, the glittered article is to be regarded as a combination of an article (e.g. the article without the glitter) and a mixture (the glitter) and therefore it is in the scope of the restriction.
- products in the scope of the restriction which have been placed on the market before 17 October 2023 do not need to be recalled or withdrawn. This includes finished products in distributors/importers/retailers stocks and products that have arrived on the customs territory of the EU before 17 October 2023.
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Situation End July 2023
EU countries on the REACH committee voted for its proposal to restrict microplastics that are intentionally added to products.
>> Read the proposal
The proposal includes a ban on the following:
Synthetic polymer microparticles: polymers that are solid and which fulfil both of the following conditions:
- a) are contained in particles and constitute at least 1 % by weight of those particles; or build a continuous surface coating on particles;
- b) at least 1 % by weight of the particles referred to in point (a) fulfil either of the following conditions:
- (1) all dimensions of the particles are equal to or less than 5 mm;
- (2) the length of the particles is equal to or less than 15 mm and their length to diameter ratio is greater than 3.
The European Commission is still in the process of developing a guidance document to clarify the scope, since questions have been raised on textile products with glitter.
The publication on the scope is currently expected to take place at the end of September or early October. A full guidance document is expected to be developed from October onwards, which means that when the legal text enters into force the guidance will not be ready.
European Commission restriction procedure
The EU Commission has been working on a restriction procedure for microplastics since 2019 to reduce entry into the environment. The focus is on synthetic polymer microparticles, which are placed on the market as substances alone or in mixtures. Against this background there did not appear to be any concern for the textile and clothing industry as our industry puts articles on the market and no substances or mixtures.
However through, a downstream user at our European umbrella organization Euratex raised a question suggesting that possibly a glitter printed textile could be affected as the glitter is not part of the product, but a mixture could be considered if it is not firmly fixed to the textile.
An earlier guidance from the Comission for the toy industry states the below and a similar outcome can be possible for the garment and textile sector.
Two possible cases coming from the toy industry guidance:
- (in scope) If glitter detaches:
Glitter cannot be considered permanently affixed to the article and therefore it is not part of that article. It should be treated as a mixture. An article covered in glitter that is not permanently attached to it should be considered a combination of an article and a mixture.
In addition, in this case, glitter cannot be considered “permanently incorporated in a solid matrix” (it easily falls off).
Modint note: Detaching of glitter occurring during normal forseeable use.
- (out of scope) If glitter does not detach (e.g. because a protective layer/film prevents glitter from detaching from the article):
Glitter can be considered an integral part of the article and out of scope of the restriction. Therefore manufacturers producing textile products with glitter attached could be subject to the restriction.
The restriction will come into force 20 days after the publication in the official European Journal (expected in September 2023).
Note that the regulation contains the following provision: To prevent unnecessary product recalls and reduce waste, it is necessary to provide that synthetic polymers microparticles, on their own or in mixtures, that have been placed on the market before the entry into force date may continue to be placed on the market.
Our European Umbrella organisation Euratex plans to address the Commission for clarity and concerns regarding a transition period. Since it is still unclear what the outcome will be, we will be monitoring this topic closely. Please note that we have taken great care collecting and analysing information on this topic, but we can not guarantee it is without errors. We will update accordingly when necessary.
