EU Commission Faces Legal Challenge Over Microplastics Regulation

The European Union's strict stance on environmental protection has been met with resistance from the business sector. Goodwill M + G, a Belgian company known for its Christmas decorations, has initiated legal proceedings against the European Commission. The lawsuit, filed on 30 November 2023, targets the Commission's recent regulation on synthetic polymer microparticles, commonly referred to as microplastics.

The regulation in question, Commission Regulation (EU) 2023/2055, was adopted on 25 September 2023, and aims to amend Annex XVII to Regulation (EC) No 1907/2006 (REACH). This amendment specifically targets the restriction of synthetic, water-insoluble polymers of 5 mm or less in products, citing environmental concerns, particularly for aquatic ecosystems. The regulation's goal is to mitigate the risks posed by these microparticles, which are often intentionally added to products for their desirable properties.

Goodwill M + G argues that the regulation disproportionately affects their business, leading to an outright ban on the use of glitter in their Christmas decorations. The company contends that this ban is not only inappropriate for achieving the Commission's environmental objectives but also results in significant disadvantages that outweigh the potential benefits. Moreover, Goodwill M + G criticizes the lack of a transitional period for their sector, contrasting with the grace periods granted to other industries, such as cosmetics.

The legal challenge raises several key issues:

Infringement of the Proportionality Principle: Goodwill M + G asserts that the regulation's blanket ban on glitter is an excessive measure that does not adequately balance environmental goals with the economic impact on affected businesses.
Violation of Equal Treatment: The company points out the disparity in treatment between sectors, questioning why the decorations industry was not afforded the same transitional considerations as others.
Lack of Legal Certainty: The absence of a clear transitional period and the ambiguous definition of 'normal use' in the context of product usage create uncertainty for businesses, impacting their ability to adapt and comply with the new rules.
Breach of Duty of Care: The lawsuit also suggests that the Commission failed to adequately research or justify the absence of a transitional period for the decorations sector, implying a potential oversight in the regulatory process.

This legal action highlights the complex interplay between environmental regulation and economic interests within the EU. As the case progresses through the General Court, its outcomes could have broad implications, not only for the future of Christmas decorations but also for the EU's regulatory approach to environmental protection and its engagement with the business community.