Notification Detail

Draft Ordinance amending the Chemicals Products (Handling, Import and Export Prohibitions) Ordinance (1998:944)

Notification Number: 2017/284/S (Sweden)
Date received: 30/06/2017
End of Standstill: 02/10/2017

Issue of comments by: Commission
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Message 002

Communication from the Commission - TRIS/(2017) 01661
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2017/0284/S

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 201701661.EN)

1. Structured Information Line
MSG 002 IND 2017 0284 S EN 30-06-2017 S NOTIF


2. Member State
S


3. Department Responsible
Kommerskollegium
Box 6803, 113 86 Stockholm
Sverige
Tel: 08-690 48 00, Fax: 08-30 67 59
epost: 9834@kommers.se


3. Originating Department
Miljö- och energidepartementet
Regeringskansliet
103 33 STOCKHOLM
Besöksadress: Malmtorgsgatan 3


4. Notification Number
2017/0284/S - C00P


5. Title
Draft Ordinance amending the Chemicals Products (Handling, Import and Export Prohibitions) Ordinance (1998:944)


6. Products Concerned
Cosmetic products that are intended to be rinsed off or spat out and contain microplastics which have been added to cleanse, exfoliate or polish.


7. Notification Under Another Act
-


8. Main Content
Cosmetic products intended to be rinsed off or spat out may not be placed on the market if they contain microplastics which have been added to cleanse, exfoliate or polish. Microplastics are defined as solid plastic particles that are smaller than 5 mm and insoluble in water. Plastics are defined as a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council to which additives or other substances may have been added.

Microplastics that only consist of naturally occurring polymers and have not been chemically modified are exempt from the ban.

The Swedish Chemicals Agency may grant exemptions from the ban for those microplastics that have been manufactured using naturally occurring polymers as a raw material, are quickly broken down into monomers in the aquatic environment, and do not pose any risk to aquatic organisms.


9. Brief Statement of Grounds
The background to the draft is as follows. Today, the growing amount of plastic waste and microplastics in the oceans is one of the major threats to marine flora and fauna. Microplastics of micron-size or smaller can pass through sewage treatment works into receiving bodies of water and thus end up in the sea, lakes and waterways. They then accumulate in the marine environment.

Microplastics in the sea, lakes and waterways can cause harm to aquatic organisms and affect biodiversity. Furthermore, when these microplastics are ingested by filter feeders, they get into the food chain. Microplastics have been found, inter alia, in cod, haddock, whiting and shrimps. In Sweden, microplastics have been found in common and commercially significant species such as blue mussels and Norway lobster. At the same time, existing technology does not make it possible to capture and collect microplastics that have ended up in the sea, lakes and waterways. Adopting measures to prevent microplastics from ending up in the sea, lakes and waterways is therefore necessary.

During the General Assembly of the United Nations, a commitment was made to, by 2025, prevent and significantly reduce marine pollution of all kinds, including marine debris (Sustainable Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development). In May 2017, the UN Environment Assembly adopted a resolution on marine plastic debris and microplastics in which national governments, inter alia, are urged to ‘further identify the most significant sources, as well as important and cost-effective preventive measures at the national and regional levels’ (UNEA 2/11 Marine Plastic Litter and Microplastics). Several countries have already introduced or are in the process of introducing measures to reduce the flow of microplastics into the sea, lakes and waterways. In December 2015, the USA introduced an act banning the manufacture and sale of cosmetics that are intended to be rinsed off and contain microbeads (the Microbead-Free Waters Act of 2015). In March 2017, France adopted a ban on the placement on the market of cosmetic products that are intended to be rinsed off and contain plastic particles smaller than 5 mm (Décret no 2017-291 du 6 mars 2017 relatif aux conditions de mise en oeuvre de l’interdiction de mise sur le marché des produits cosmétiques rincés à usage d’exfoliation ou de nettoyage comportant des particules plastiques solides et des bâtonnets ouatés à usage domestique dont la tige est en plastique – Decree No 2017-291 of 6 March 2017 relating to conditions on implementing the ban on the placement on the market of rinse-off cosmetic products for exfoliation or cleaning that contain solid plastic particles and cotton buds for domestic use which have a plastic stem). The ban shall apply from 1 January 2018. A similar ban is being drawn up in the United Kingdom. Ireland also intends to introduce a ban.

At present, neither Swedish nor EU legislation stipulates a limit on microparticles in cosmetic products.

The aim of the draft is therefore to reduce the flow of plastic particles smaller than 5 mm from cosmetic products into the sea, lakes and waterways. The regulations are necessary to protect aquatic ecosystems.

No less drastic measures to achieve the aim stated above are deemed to exist. The proposed measures are proportionate and are necessary in order to reduce environmental risks due to the accumulation of microparticles in the sea, lakes and waterways. The rules are applied equally to all and are therefore non-discriminatory. The ban is the first step to reduce the flow of plastic particles into the sea, lakes and waterways.


10. Reference Documents - Basic Texts
No basic text(s) available


11. Invocation of the Emergency Procedure
No


12. Grounds for the Emergency
-


13. Confidentiality
No


14. Fiscal measures
No


15. Impact assessment
Yes


16. TBT and SPS aspects
TBT aspect

Yes

SPS aspect

No - the draft is neither a sanitary nor phytosanitary measure.

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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en
  Johnson & Johnson on 02-10-2017
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