EU Proposes Restrictions on Intentional Addition of Microplastics in Products: Sequins Take Center Stage in Regulation

On October 17, 2023, the European Commission announced its latest considerations regarding the scope of application of the microplastic restriction provisions (Annex XVII, Article 78 of the Regulation on Registration, Evaluation, Authorization and Restriction of Chemicals (REACH)). The core focus is on restrictions on intentionally added microplastics in products, with regulations related to plastic sequins becoming a key area of attention.

I. Core Ban: Restrictions on Microplastic Sales and Scope of Application

Starting from October 17, 2023, the EU has officially prohibited the marketing of specific microplastics, including plastic sequins (except biodegradable or dissolvable plastic sequins). The ban applies to the following scenarios:

• Microplastics (including plastic sequins) sold individually;

• Microplastics (including plastic sequins) intentionally added to products;

• Uses without a transition period, such as craft kits, toys, and Christmas decorations, which are directly subject to the ban.

II. Exemptions: Types of Microplastics/Sequins Not Subject to the Ban

Certain products or scenarios containing plastic sequins may be exempt from the above ban, which are specifically divided into the following two categories:

(I) Sequins in Specific Forms

Plastic sequins in the following states are not subject to the ban:

• Trapped in a solid matrix (e.g., sequin glue);

• Trapped in a solid film (e.g., paints, inks);

• Trapped inside solid objects (e.g., inside jewelry, spray can caps, etc.);

• Fully encapsulated (e.g., sequins in snow globes).

(II) Sequins as an Integral Part of an Item

When plastic sequins are attached to an item, it is necessary to determine whether they are an "integral part" of the item. The core criterion is "whether they fall off during normal use", with specific rules as follows:

1. Items where decoration is a secondary function: Such as textiles with sequins used in clothing, footwear, and curtains, sequins are generally regarded as an integral part of the item and are not subject to the ban;

2. Decorative items: Sequins are only considered an integral part of the item and not subject to the ban if they do not fall off during normal end-use (including storage). If sequins fall off during normal use (e.g., some Christmas decorations, toys/party hats), the sales ban applies.

III. Implementation Details and Key Points for Future Attention

(I) Current Implementation Notes

• Currently, the European Commission has not recommended a standard test method to prove whether sequins fall off during normal use;

• Imported products not eligible for the transition period (e.g., craft kits, toys) must arrive in the EU customs territory by October 17, 2023, to be eligible for exemption clauses and continue sales.

(II) Future Regulatory Developments

At the end of 2023, the European Commission will issue an official Q&A guide on this restriction, with two key contents requiring close attention:

1. Whether a "sequin shedding test method" will be recommended;

2. If recommended, what the specific test method standards will be.

IV. Core Compliance Requirements for Enterprises

For entities producing or selling sequined items, to ensure their products are not restricted, the core requirement is to: ensure that sequins are permanently attached to the product and do not fall off during normal use.