G/TBT/N/GBR/29  
 
1 February 2018  
(18-0730) 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):  Wales  
2. Agency responsible:  
Welsh Government  
Marine and Fisheries Division  
Cathays Park  
Cardiff  
Wales  
CF10 3NQ  
Email: marine@gov.wales   
Tel.: 03000 253650  
Website: www.gov.wales   
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if differ ent from above:   
UK TBT Enquiry Point  
Trade Policy Group  
Department of International Trade  
3 Whitehall Place  
London  
SW1A 2AW  
TBTUK_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): Cosmetics 
and Personal Care products  
5. Title, number of pages and language(s) of t he notified document: The 
Environmental Protection (Microbeads) (Wales) Regulations 2018 (23 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;  
"plastic" means a synthetic polymeric substance tha t can be moulded, extruded or 
physically manipulated into various solid forms and that retains its final manufactured 
shape during use in its intended applications;  G/TBT/N/GBR/29  
 
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  "rinse -off personal care product" means any substance, or mixture of substances, 
manufactur ed for the purpose of being applied to any relevant human body part in the 
course of any personal care treatment, by an application which 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 purpose : 
(a) a "personal care treatment" means any process of cleaning, protecting or perfuming 
a relevant human body part, mai ntaining 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 in 
order to determine whether an offence has been committed.  
A civil sanctions regime is introduced to enable the regulator t o exercise a range of civil 
sanctions. These are variable monetary penalties, compliance notices, stop notices and 
enforcement undertakings.  
Once the ban is in place it will be a criminal offence for anyone to manufacture, sell or 
offer to supply any rinse -off cosmetic or personal care products which contain plastic 
microbeads in Wales. There are also some related offences, for example, it will be an 
offence to fail to comply with a stop notice or fail to provide certain information within a 
reasonable peri od of being requested in writing to do so.  
Where an offence has been committed the regulator will be able to impose a variable 
monetary penalty up to a maximum of £20,000.  
The draft regulations apply to Wales, however, the UK administrations have developed  this 
legislation collaboratively to ensure the definition of the ban is consistent. The difference 
between Wales and the rest of the UK is in the enforcement regime. The UK Government 
has completed a separate notification for regulations applicable to Eng land (ref: 
G/TBT/N/GBR/28). The Devolved Administrations of Scotland and Northern Ireland have 
also committed to introducing a ban on microbeads and will submit separate notifications 
according to their own legislative processes and timescales.  
7. Objecti ve and rationale, including the nature of urgent problems where 
applicable: Protection of animal or plant life or health; Protection of the environment  
We are proposing to introduce legislation to ban the manufacture and sale of "rinse -off" 
cosmetics and p ersonal care products containing microbeads 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 microbeads 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, the re is evidence that microbeads can be ingested 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 i ndustry 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 av oidable source of marine pollution which 
should be minimised in keeping with scientific advice.  G/TBT/N/GBR/29  
 
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  The microbeads ban is a UK wide ban and the intention of the Welsh Ministers is for the 
Welsh regulations to come into effect at the same time as the rest of th e UK, in June 2018. 
There are no known manufacturers in Wales who currently use plastic microbeads, 
therefore, the Welsh Ministers have decided to implement both the ban on manufacture 
and sale at the same time. Whilst Welsh manufacturers will not be affec ted by a 
manufacturing ban the regulations will future -proof legislation.  
A ban of this kind will help to improve the state of the marine environment and address 
public concerns relating to marine environment impacts arising from such cosmetics 
products.  
The ban will afford protection of animal or plant life or health and protection of the 
environment.  
8. Relevant documents:   
 The Draft Environmental Protection (Microbeads) (Wales) Regulations 2018.  
 The Draft Environmental Protection (Microbeads) (England)  Regulations 2017.   
9. Proposed date of adoption: 30 June 2018  
Proposed date of entry into force: 30 June 2018  
10. Final date for comments: 90 days from notification  
11. Texts available from: National enquiry point [  ] or address, telephone and fax 
numbers and email and website addresses, 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 and Fisheries Division  
Welsh Government  
Suite 3, Cedar Court  
Haven’s Head Business Park  
Milford Haven  
Pembrokeshire  
Wales SA73 3LS  
Email: marineandfisheries@go v.wale s