G/TBT/N/GBR/30  
 
5 February 2018  
(18-0790) Page: 1/2 
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):  The 
Scottish Government  
2. Agency responsible: Marine Litter Team Marine Scotland Scottish Government Area 1A 
South Victoria Quay Edinburgh EH6 6QQ  
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 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): Rinse off 
personal care products containing microbeads  
5. Title, number of pages and language(s) of the notified document: The 
Environmental Protection (Microbeads) (Scotland) Regulations 2018 (5 page(s), in En glish)    
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 p art 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, maintaining or restoring its condition or changing its 
appearance; and G/TBT/N/GBR/30  
 
- 2 - 
 
  (b) a "relevant human body part" is — 
 (i) ny 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.]  
Enforcement officers have powers of entry to carry out  the necessary investigations in 
order to determine whether an offence has been committed.  
Breach of a prohibition is an offence, and a person guilty of an offence is liable  
a) on summary conviction to a find not exceeding £5000;  
b) on conviction on indict ment, to a term of imprisonment not exceeding 2 years or a 
fine not exceeding £5,000 or both  
The draft regulations apply to Scotland only.  
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" 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 so ld 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 impact 
from microbeads is unknown, there 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 con tinue 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 feasibl e alternatives. 
Microbeads in cosmetics are therefore an avoidable source of marine pollution that should 
be minimised in keeping with scientific advice.  
A ban of this kind would help prevent further marine environment damage and address 
public concerns re lating to marine environment impacts arising from such products.  
8. Relevant documents:  The Draft Environmental Protection (Microbeads) (Scotland) 
Regulations 2018.   
9. Proposed date of adoption: To be determined  
Proposed date of entry into force: To be determined, however we anticipate an 
introduction of the ban on manufacture and sale of microbeads in rinse -off personal care 
products of 19 June 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:   
https://members.wto.org/crnattachments/2018/TBT/ GBR/18_0680_00_e.pdf