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24 March 20212 minute read

Ban of cosmetic products, detergents and cleaning products containing plastic microspheres

Portugal issues a notification pursuant to Directive (EU) 2015/1535

Portugal has recently initiated the 2015/1535 notification procedure of the decree-law ensuring the implementation in the internal legal order of a prohibition of the placing on the market of certain products containing plastic microspheres in Portugal.

The legislative proposal includes provisions which prohibits the placing on the market of cosmetic products, hygiene products, detergents and cleaning products containing plastic microspheres consisting of synthetic particles with a diameter of less than 5 millimeters with immediate effects.

The notification was received on 16 March 2021, and the respective standstill period will end on 17 June 2021. For the duration of the standstill period, the Portuguese Government cannot adopt the decree-law in question, thus enabling the European Commission and other Member States to examine the proposed draft and to respond appropriately, notably if the draft is found to create barriers to the free movement of goods or to the free provision of Information Society services or to EU secondary legislation. Portugal has informed the European Commission of the draft decree-law to be adopted in order to regulate article 321 of Law no. 75-B/2020, of December 31, on the 2021 State Budget Law.

It follows from the analysis of the proposal that the referred bill will be submitted to public consultation, through which the relevant stakeholders will be able to contribute with their comments.