Bosnia and Herzegovina: Restrictions on Microplastic Content in Products

If you keep up with developments in the field of chemicals, you've probably heard that the European Union has adopted restrictions on microplastics in certain products.

Even if it doesn't seem like microplastics are directly related to chemicals, the bans and restrictions are indeed defined by chemical regulations.

Specifically, Commission Regulation (EU) 2023/2055 from September 25, 2023, amends Annex XVII of the REACH Regulation, which defines restrictions for certain hazardous substances, mixtures, and products in the European Union.

This regulation establishes a ban on microplastics, or synthetic polymer microparticles, as standalone substances or in mixtures at concentrations equal to or greater than 0.01%.

Let's first look at what microplastics are.

Microplastics or synthetic polymer microparticles are polymers that are solid and meet both of the following conditions:

1. they are contained in particles and make up at least 1% of the mass of those particles or form a continuous surface coating on the particles;
2. at least 1% of the mass of the particles mentioned in point (a) meets one of the following conditions:
   • all particle dimensions are 5 mm or less;
   • the particle length is 15 mm or less, and the length-to-diameter ratio is greater than 3.

The following polymers are exempt from this definition:

• polymers resulting from polymerization processes that occurred naturally, regardless of the extraction process used and that are not chemically modified substances;
• biodegradable polymers, proven in accordance with specific rules;
• polymers with a solubility greater than 2 g/L, proven in accordance with specific rules;
• polymers that do not contain carbon atoms in their chemical structure.

No list of substances is defined, but each substance must be individually assessed to verify if it is considered a synthetic polymer microparticle.

As usual with restrictions, conditions are defined, i.e., uses to which the defined restrictions do not apply. For example, use in mixtures exclusively for industrial purposes.

Deadlines for the ban on microplastics aren't very close—the first restrictions will start to apply in 2027, and the last in 2035. They are defined according to product types and are as follows:

• from October 17, 2029, for synthetic polymer microparticles for fragrance encapsulation;
• from October 17, 2027, for rinse-off products defined by cosmetic regulations;
• from October 17, 2035, for lip, nail, and makeup products defined by cosmetic regulations;
• from October 17, 2029, for leave-on products defined by cosmetic regulations;
• from October 17, 2028, for detergents, waxes, polishes, and air fresheners;
• from October 17, 2029, for medical devices regulated by specific regulations;
• from October 17, 2028, for fertilizers defined by specific regulations, when not covered by the scope of that regulation;
• from October 17, 2031, for plant protection products and seeds treated with those products and biocidal products defined by specific regulations;
• from October 17, 2028, for products for use in agriculture and horticulture;
• from October 17, 2031, for granular fillers for artificial sports surfaces.

For all product categories, certain exceptions are also defined.

Suppliers from October 17, 2025, must inform downstream users if their product contains microplastics. The notification should include the following information:

• instructions for use and disposal of the product to prevent microplastic release into the environment;
• a statement: “The supplied synthetic polymer microparticles are subject to the conditions set out for entry 78 of Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council.”;
• information on the quantity or concentration of synthetic polymer microparticles in the substance or mixture;
• general information on the identity of the polymers contained in the substance or mixture that enables manufacturers, industrial end-users, and other suppliers to fulfill their obligations.

Additionally, on lip, nail, and makeup products from October 17, 2031, to October 17, 2035, it is necessary to state “This product contains microplastics.”

In Bosnia and Herzegovina, restrictions on microplastics have not yet been prescribed.

In Republika Srpska, such a restriction was considered during the amendments to the Regulation on Restrictions and Prohibitions of Chemicals which are ongoing.

In Federation of Bosnia and Herzegovina, we can expect the adoption of identical bans with the introduction of a specific regulation on restrictions and prohibitions of chemicals.

Have you already noticed products labeled as containing or not containing microplastics? Write to me at nina.pajovic@bens-consulting.eu.