G/TBT/N/GBR/28  
 
31 July 2017  
(17-4170) Page: 1/3 
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member : UNITED KINGDOM   
If applicable, name of local government involved  (Article 3.2 and 7.2) :  
2. Agency responsible:   
Department for Environment, Food and Rural Affairs  
Environment, Rural and Marine Directorate  
9 Millbank c/o Nobel House  
17 Smith Square London  
SW1P 3JR  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designa ted to handle comments 
regarding the notification  shall be indicated if different from above :  
UK TBT Enquiry Point  
Trade Policy Group  
Department of International Trade  
3 Whitehall Place  
London  
SW1A 2AW  
TBTU K_EP@trade.gsi.gov.uk  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Cosmetic s and Personal 
Care products  
5. Title, number of pages  and language(s)  of the notified document:  The Environmental 
Protection (Microbeads) (England) Regulations 2017 (15 page(s), in English)   
6. Description of content:  The draft regulations prohibit the use of microbeads as an 
ingredient in the manufacture of rinse -off personal care products and the sale of any such 
products containing microbeads.  
[In the draft regulations:  
"microbead" means any water -insoluble solid plastic particle of less than or equal  to 5mm 
in any dimension; and  
"rinse -off personal care product" means any substance, or mixture of substances, 
manufactured for the purpose of being applied to any relevant human body part in the 
course of any personal care treatment, by an application whi ch entails at its completion 
the prompt and specific removal of the product (or any residue of the product) by washing 
or rinsing with water, rather than leaving it to wear off or wash off, or be absorbed or 
shed, in the course of time;  
and for this purpos e - G/TBT/N/GBR/28  
 
- 2 - 
 
  (a) a "personal care treatment" means any process of cleaning, protecting or perfuming 
a relevant human body part, maintaining or restoring its condition or changing its 
appearance; and  
(b) a "relevant human body part" is - 
(i) any external part of the  human body (any part of the epidermis, hair system, 
nails or lips);  
(ii) the teeth; or  
(iii) mucous membranes of the oral cavity.]  
Breach of a prohibition is an offence.  
Enforcement officers have powers of entry to carry out the necessary investigations i n 
order to determine whether an offence has been committed.  
A civil sanctions regime is introduced to enable the regulator to exercise a range of civil 
sanctions. These are variable monetary penalties, compliance notices, stop notices and 
enforcement under takings.   
The draft regulations apply to England only. The Devolved Administrations of Wales, 
Scotland and Northern Ireland have also committed to introducing a ban on microbeads 
but will submit separate notifications according to their own legislative pro cesses and 
timescales.  
7. Objective and rationale , including the nature of urgent problems where applicable: 
We are proposing to introduce legislation to ban the manufacture and sale of "rinse -off" 
cosmetics and personal care products containing microbead s on the grounds that they 
cause harm to living species in the marine environment.  
Up to 680 tonnes of plastic microbeads are used in cosmetic products sold in the UK every 
year resulting in billions of tiny beads entering our seas annually. These microbea ds do not 
biodegrade and accumulate in the marine environment because, once released in to the 
environment it is impossible to recover them. Although the precise scale of the impacts 
from microbeads is unknown, there is evidence that microbeads can be inge sted by marine 
animals which reduces their capacity to digest food and reproduce.  
Some businesses have already taken voluntary actions but others still continue to use 
microbeads. Engagement with the UK cosmetics industry indicates that more than 72% of 
major companies will have ceased to sell cosmetic products containing microbeads by 
2017. In the cosmetics industry, there are suitable, economically feasible alternatives.  
Microbeads in cosmetics are therefore an avoidable source of marine pollution that sh ould 
be minimised in keeping with scientific advice.  
A ban of this kind would help to improve the state of the marine environment and address 
public concerns relating to marine environment impacts arising from such cosmetics 
products.  
8. Relevant document s: The Draft Enviro nmental Protection (Microbeads) (England) 
Regulations 2017   
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  The prohibition on the manufacture of relevant 
products will come into force on 1 January 2018  and the prohibition on the sale of relevant 
products will come into force on 30 June 2018.  
10. Final date for comments:  90 days from notification  G/TBT/N/GBR/28  
 
- 3 - 
 
  11. Texts available from : National enquiry point  [X] or address, telephone and fax 
number s and e mail and we bsite address es, if available , of other body:   
UK TBT Enquiry Point  
Trade Policy Group  
Department of International Trade  
3 Whitehall Place  
London SW1A 2AW  
email: TBTUK_EP@trade.gsi.gov.uk  
OR  
Marine Litter T eam 
Department for Environment, Food and Rural Affairs  
Environment, Rural and Marine Directorate  
9 Millbank c/o Nobel House  
17 Smith Square  
London SW1P 3JR  
email: marinelitter@defra.gsi.gov.uk  
tel: 0208 026 3434  
www.gov.uk/government/organisations/department -for-environment -food-rural-affairs  
https://members.wto.org/crnattachments/2017/TBT/GBR/17_3438_00_e.pdf