Notification date

 30 November 2016

Products targeted

The products targeted are rinsed-off cosmetic products intended for exfoliation or cleansing containing solid plastic particles, except for natural particles not likely to persist in the environment and spread chemical or biological actives, or to affect animal food chains.

Content

The decree defines the conditions for the application of the legal provisions in the Environmental Code to prohibit, as from January 1 ^st , 2018, the placing on the market of rinsed-off cosmetic products intended for exfoliation or cleansing containing solid plastic particles, except for natural particles not likely to persist in the environment and spread chemical or biological actives, or to affect animal food chains.

On this basis, it determines the implementing provisions of the 3rd subparagraph of III in Article L.541-10-5 of the Environmental Code, in particular the definition and characteristics of these cosmetic products.

An order from the Minister of the Environment will later provide further details as regards:
• The time and conditions for the degradation of natural particles not likely to persist in the environment and spread chemical or biological actives
• The list of classifications, based either on the hazard for the environment or for human health, of natural particles not likely to affect animal food chains

The decree articles

Article 1
Section 21 in the third chapter of Title IV of Book V of the regulatory part of the Environmental Code is modified in accordance with Articles 2 and 3 of this decree.

Article 2
In the second subparagraph of Article D.543-294, the following words have been added after ‘cotton buds’: ‘or solid particles contained in rinsed-off cosmetic products intended for exfoliation or cleansing.’

Article 3
I. The title of subsection 3 is modified as follows: ‘Cotton buds and cosmetics’.

II. Article D.543-296-2 was created after Article D.543-296-1, and goes as follows:
‘For the purposes of the third subparagraph of III of Article L.541-10-5, the following definitions shall apply:
 1° “Cosmetic product”: any product within the meaning of Article L.5131-1 of the Public Health Code
 2° “Rinsed-off cosmetic product”: product intended to be rinsed off with water immediately after use
 3° “Exfoliation”: exfoliation of the epidermis, meaning the separation of dead parts from the epidermis
 4° “Particle”: fragment of material with well-defined physical contours
 5° “Solid plastic particles”: any solid plastic particle, in particular microparticles smaller than 5mm, partially or entirely composed of plastic material and obtained by a hot-shaping process
 6° “Natural particles not likely to persist in the environment and spread chemical or biological actives”: natural solid particles, for which an order from the Minister of the Environment determines the time and conditions of degradation
 7° “Natural particles not likely to affect animal food chains”: natural solid particles which do not contain or release, when degrading in sea water, any substance whose classification, based either on its hazard for the environment or for human health, is listed by an order from the Minister of the Environment’

Schedule

Proposed date of adoption

To be determined following the ongoing notification to the European Commission.

Proposed date of entry into force

 1st January 2018.

Final date for comments

 60 days from notification

Further information
• See the draft Décret relatif à l'interdiction de la mise sur le marché des produits cosmétiques rincés à usage d'exfoliation ou de nettoyage comportant des particules plastiques solides, prévue au 3ème alinéa du III de l’article L. 541-10-5 du Code de l'environnement (3 pages, in French)