G/TBT/N/GBR/32  
 
14 May 2018  
(18-2881) 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):  Northern 
Ireland, United Kingdom  
2. Agency responsible:  
Department of Agriculture, Environment and Rural Affairs  
Marine and Fisheries Division  
Klondyke Building  
Gasworks Business Park  
Belfast  
BT7 2JA  
Email: MarineStrategy@daera -ni.gov.uk   
Tel.: 02890 569268  
Website: www.daera -ni.gov.uk   
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 different from above:   
UK TBT Enquiry Point  
Trade Policy Group  
Department for International Trade  
3 Whitehall Place  
London  
SW1A 2 AW 
TBTUK_EP@trade.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 the notified document: The 
Environmental Protection (Microbeads) (Northern Ireland) Regulations 2018    
6. Description of content: The draft regulations prohibit the use of plastic microbeads as an 
ingredient in the manufacture of rinse -off personal care products and the sale of any suc h 
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 which entails at its completion th e G/TBT/N/GBR/32  
 
- 2 - 
 
  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 treat ment" 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 e pidermis, hair system, nails or 
lips); 
(ii) the teeth; or  
(iii) mucous membranes of the oral cavity.  
Breach of the 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.  
The draft regulations apply to Northern Ireland, however, the UK administrations have 
developed this legislation collaboratively to ensure the definition of the ban is 
consistent.   The difference between Northern Ireland and England and Wales is in the 
enforcement regime.   Civil sanctions will not apply in Northern Ireland. England have 
completed a separate notification for Regulations applicable to England (ref: 
G/TBT/N/GBR/28). The Devolved Administrations of Scotland and Wa les have also 
committed to introducing a ban on microbeads and have separate notifications on 1 
February 2018 and 29 January 2018 respectively.   
7. Objective 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 personal 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 accumul ate 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 ingested by marine 
animals which red uces 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 t o 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 which should be minimised in keeping w ith scientific advice.  
There are no manufacturers of rinse off cosmetics using microbeads in Northern Ireland 
that we are aware of so it is our intention to have both bans coming into force at the same 
time.  The overall objective is that the ban on microb eads will eventually apply across the 
UK.  It is the intention of the Department of Agriculture, Environment and Rural Affairs 
that the ban will come into force in Northern Ireland in the autumn of 2018.   
The purpose of the ban is to protect animal and pla nt life and health and also to protect 
the marine environment.  
The ban will help to improve the state of the marine environment and address public 
concerns relating to environmental impacts arising from such cosmetics products.  G/TBT/N/GBR/32  
 
- 3 - 
 
  8. Relevant documents:   
The Draft Environmental Protection (Microbeads) (Northern Ireland) Regulations 2018.   
9. Proposed date of adoption: September 2018  
Proposed date of entry into force: The prohibition on the manufacture of relevant 
products and the prohibition on the sale of relevant products will come into force in 
September 2018.  
10. Final date for comments: 90 days from notification  
11. Texts available from: National enquiry point [X] 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.gov.uk  
 
https://members.wto.org/crnattachments/2018/TBT/GBR/18_2440_00_e.pdf