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Updated Jan 18, 2017

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Ban on microbeads in products can be against the EU free trade law

A new report has warned that the UK ban on microbeads in cosmetic products may not be enforceable.

Recently, following the pressures from environmental campaigners, the UK government vowed to ban the sale of products containing microplastic particles, such as toothpaste, face scrubs etc. and launched a public consultation to collect views and evidence on this subject. Recently a detailed report published by the House of Commons Library warned the Government that the attempt to ban these products could be considered to "restrict the free movement of goods". The research found that so far no EU country has successfully introduced a microbead ban as it could "contravene the EU Treaties that prohibit member states from measures that restrict the free movement of goods".

The EU regulations allow for product restrictions for "non-economic environmental reasons", but also the ministers would have to provide reasons why such ban is proportionate and back it by scientific evidence and provide that it does not discriminate against any EU Member State procedures. The report also notes that the ban could be a subject to a legal challenge by the companies that are affected by the ban. 

An estimated 16-86 tons of plastic in the form of microbeads is washed into the sea annually. These tiny plastic particles go through the sewage treatment plants and end up in the food chain, which can cause adverse effects to the natural environment. 

Government ministers in Austria, Belgium, Sweden, Netherlands and Luxembourg have called for an EU-wide ban on the use of microplastics.


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