EU regulations on Microplastics: Big steps against small particles?

Microplastics in the spotlight of EU regulators

Hard to see, even harder to measure and yet they are attracting a great deal of attention from EU regulators: Microplastics, i.e. synthetic polymer microparticles (SPM), usually smaller than 5 mm, that are solid, organic, insoluble and resistant to degradation. They can be intentionally added to products (e.g. exfoliating beads in cosmetics, glitter, encapsulated fragrances) or unintentionally released through the breakdown of larger plastics or industrial processes (e.g. plastic pellet losses during transport, abrasion of synthetic textiles).

In response to a growing debate about the presence of microplastics in different environmental forms, such as soil or water, their impact on the environment and biodiversity and potentially human health, the European Commission has, as part of the European Green Deal, taken several measures to address this issue (an overview can be found here). While the Circular Economy Action Plan (CEAP) adopted in 2020 and the Soil Strategy for 2030 adopted in 2021 underpin the EU’s commitment to reducing microplastic emissions, the Zero Pollution Action Plan translates this into a specific target: a 30 % reduction in microplastics released into the environment by 2030. 

Below, we examine how two of the most recent steps that directly contribute to achieving this target are faring: Commission Regulation (EU) 2023/2055 that restricts microplastics which are intentionally added to products, often referred to as the ‘microplastics restriction’ or the ‘microplastic ban’, and the proposal for a Regulation on preventing plastic pellet losses to the environment. 

Restriction of microplastics 

As part of the EU Plastics Strategy, the restriction of microplastics is based on an assessment of the European Chemicals Agency (ECHA) in 2019. The assessment concluded that the use of microplastics in products posed a serious environmental threat that had not been adequately controlled. The ECHA therefore recommended a restriction on intentionally added microplastics to prevent or at least reduce their release into the environment. In response, Commission Regulation (EU) 2023/2055, amending Regulation (EC) No 1907/2006 (REACH) and restricting the use of microplastics was adopted by the European Commission on 25 September 2023.

The microplastics restriction prohibits the placing of SPMs on the market either as substances on their own, or where they are intentionally added to certain mixtures. A number of  specific exemptions and transitional periods apply: 

• No transitional periods were granted for products containing microbeads, i.e. SPM used as an abrasive to exfoliate, polish or clean. As such, microbead products have been prohibited since the restriction came into force on 17 October 2023. 
• Various transitional periods (up to a maximum of twelve years) apply to other products. The duration of the transitional period varies across uses, depending on the complexity of the product, the need for reformulation, the availability of suitable alternatives, or the socio-economic costs associated with prohibiting them from being placed on the market. By way of example, the microplastics restriction will apply:
  • from 17 October 2027 for rinse-off cosmetic products such as shampoo or shower gel;
  • from 17 October 2028 for detergents, cleaning and maintenance products, including waxes, polishes and air fresheners; as well as for non-CE marked fertilising products;
  • from 17 October 2029 for medical devices, as well as for cosmetics that remain on the skin/in the hair such as creams or hair gel;
  • from 17 October 2031 for granular infill for use on synthetic sports surfaces, as well as for plant protection products; and
  • from 17 October 2035 for make-up, lip and nail products.

In addition, from 17 October 2031 suppliers of make-up, lip and nail products containing microplastics are required to inform consumers of their presence by way of a statement: “This product contains microplastics”. Any make-up, lip and nail products containing microplastics that do not display the required statement by 17 December 2031 must be withdrawn from the market.

A derogation from the microplastic prohibition applies where products are (sufficiently) regulated by other EU legislation, namely: 

• SPM for use at industrial sites – on the basis that the Industrial Emission Directive sets the general principles controlling industrial emissions and that SPM emissions can be prevented or minimised due to the professional environment; 
• medicinal products for human and veterinary use – on the basis that the EU pharmaceutical legislation already provides for the minimisation of emissions of pharmaceutical ingredients into the environment;
• EU fertilising products – on the basis that the Fertilising Products Regulation already regulates the use of SPM in CE-marked fertilisers; and
• food additives, in vitro diagnostic devices, food, and feed.

Nevertheless, suppliers of SPM for use at industrial sites as well as suppliers of in vitro diagnostic devices and food additives, will be subject to certain information requirements, including instructions for use and disposal (from 17 October 2025 and 17 October 2026 onwards, respectively). Starting in 2026 and 2027, respectively, several additional stakeholders (e.g. manufacturers and industrial downstream users of SPM, as well as suppliers of certain products containing SPM placed on the market for the first time to professional users and the general public) will be required to report the estimated SPM emissions from using those SPM/products to ECHA by 31 May each year (detailed information can be found in the ECHA Guidance published in April 2025).

Most recently, to help affected stakeholders navigate the microplastics restriction, the European Commission published an Explanatory Guide, including a plain-language overview, a Q&A section and annexes containing decision trees and examples of borderline cases. The guidance will be updated regularly as the need for further clarification emerges from the practical implementation of the restriction.

A glance beyond the EU shows that microplastics regulation is not only in the spotlight of EU regulators but a part of a global movement of tigher restrictions. For example, as part of its strategy to combat marine plastic pollution, England introduced the Environmental Protection (Microbeads) Regulations 2017 which prohibits the manufacture and sale of rinse-off personal care products containing plastic microbeads, such as face washes and shower gels. This ban has already been in effect since 2018. Additionally, England and Wales are preparing new legislation, the Environmental Protection (Wet Wipes Containing Plastic) Regulations 2025, which aims to ban the sale and supply of wet wipes containing plastic. In the USA, the manufacture and distribution of rinse-off personal care products containing plastic microbeads, including cosmetics and toothpastes has already been banned with the Microbead-Free Waters Act of 2015. The manufacture of these products was prohibited starting July 2017, and retail sales have been banned since July 2018.

Regulation on plastic pellet losses 

Alongside the restriction on intentionally added microplastics, the European Commission has identified another major source of microplastic emissions: plastic pellet losses. Plastic pellets are the industrial raw materials for producing nearly all plastic products. According to the European Commission, plastic pellet losses account for 7 – 10% of all unintentionally released microplastics in the EU environment. They can occur at various stages along the supply chain, including production, processing, distribution, storage, tank cleaning, and waste management.

Against this background, the European Commission presented a Proposal for a Regulation on preventing plastic pellet losses in October 2023, which has been provisionally agreed upon (with certain modifications) by the Council and the European Parliament in April 2025 (Pellet Regulation). The Pellet Regulation sets out requirements for the handling of plastic pellets by economic operators as well as EU and non-EU carriers throughout the entire supply chain. Generally, they must ensure that pellet losses are prevented and take immediate action to clean up any that occur. Furthermore, economic operators are required to develop and maintain installation-specific risk assessment plans tailored to their size and activities, and submit these plans together with a self-declaration of conformity to the national authority. Both EU and non-EU carriers must implement the actions detailed in Annex III of the Pellet Regulation for transport-related operations. When implementing any of these actions, they must be carried out in the following order of priority:

• Prevent spills of pellets from primary containment during routine handling.
• Contain spilled pellets to ensure they do not harm the environment.
• Clean up after a spill or loss event.

Certain obligations apply only to companies that exceed specific size or activity thresholds. For example, operators handling more than 1,500 tonnes of plastic pellets per year must obtain a certificate from an independent third party confirming their compliance with the regulation.

Although Member States are responsible for establishing specific penalties for infringements of the Pellet Regulation, the Pellet Regulation sets minimum enforcement standards. For the most serious infringements, the administrative financial penalty must be at least 3% of the operator’s annual EU turnover in the previous financial year.

The Council has formally adopted the Pellet Regulation on 22 September 2025. The European Parliament is expected to hold its final vote in October and the rules will then be published in the EU Official Journal. The Pellet Regulation will generally become applicable two years after its entry into force, likely not before the end of 2027. 

What you should be thinking about now

If you manufacture, import, supply or handle plastic-containing products or pellets, now is the moment to get ahead—both on compliance and litigation risk:

• Portfolio triage & reformulation plan: Consider mapping where intentionally added microplastics appear across your business, confirm any derogations, and build a phased reformulation/phase‑out roadmap aligned to the relevant transition dates. Where reformulation is not yet feasible, consider  labelling (“This product contains microplastics”) and market‑withdrawal contingencies for non‑compliant stock.
• Pellet Regulation readiness: think about setting up end‑to‑end controls for pellet handling (prevention → containment → clean‑up), updating risk assessments, tightening carrier and contractor terms, and assessing whether you cross certification thresholds. 
• Prepare for litigation: suppliers and producers of plastic products face growing exposure to product liability, environmental damage, consumer/greenwashing and supply‑chain claims. Consider building a litigation‑ready posture: evidence preservation, incident response playbooks, defensible disclosures and substantiation files for product and marketing claims.
• Assess global obligations: microplastics are a topic of global regulatory interest, with restrictions and requirements in an increasing number of jurisdictions. Assess emerging requirements in all key manufacturing, operations, and distribution jurisdictions as you plan your approach.
• Consider the human rights angle: following the Human Rights Council’s 11 July 2024 decision that plastic pollution affects the full enjoyment of human rights, expect rights‑based complaints and litigation. Think about integrating human‑rights due diligence, updating policies and grievance mechanisms, and ensure your ESG reporting aligns with your operational controls.