SG 107/24
The EU has informed the WTO of its draft regulation on the use of BPA and other bisphenols and bisphenol derivatives in certain food contact materials and articles. This proposal is intended to be adopted in November 2024.
In June 2024, the World Trade Organization (WTO) announced a draft regulation from the European Union (EU) on the use of BPA and other bisphenols and bisphenol derivatives with harmonized classification for specific hazardous properties in certain food contact materials (FCM) and articles.
This draft law also amends Regulation (EU) No 10/2011 on food contact plastics (consolidated version to August 2023), repeals Regulation (EU) 2018/213 in relation to BPA in varnishes and coatings intended to come into contact with food, and amends Regulation (EU) No 10/2011 on the use of that substance in food contact plastics.
Highlights of the draft regulation, attached to WTO document 24-4751, are summarized in Table 1.
Section to Draft Regulation | Highlights |
Article 1 ‘Subject matter and scope’ |
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Article 2 ‘Definitions’ |
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Article 3 ‘Prohibition of the use of BPA’ |
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Article 4 ‘Prohibition on the presence of BPA in FCM and articles for which other bisphenols or bisphenol derivatives are used in their manufacture |
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Article 5 ‘Prohibition of the use of hazardous bisphenols other than BPA or hazardous bisphenol derivatives’ |
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Article 6 ‘Authorization for the use of hazardous bisphenols other than BPA or hazardous bisphenol derivatives in the manufacture of FCM and articles for specific applications’ |
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Article 7 ‘Reporting obligations concerning alternatives to BPA, hazardous bisphenols and hazardous bisphenol derivatives laid down in Annex II’ |
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Article 8 ‘Declaration of compliance (DoC) and supporting documentation’ |
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Article 9 ‘Verification of compliance with the requirements of this Regulation’ |
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Article 10 ‘Amendment to Regulation (EU) No. 10/2011 |
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Article 11 ‘Transitional provisions concerning single-use final food contact articles’ |
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Article 12 ‘Transitional provisions concerning repeat-use final food contact articles’ |
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Article 13 ‘Repeal’ |
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Table 1.
Substance (CAS) | Scope | Specific Application | Other Restrictions |
BPA (80-05-7) | Varnishes and coatings | Monomer or starting substance in liquid epoxy resins to be applied on self-supporting FCM and articles with a capacity > 1,000 liters |
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BPA (80-05-7) | Plastics | Monomer or starting substance in polysulfone (PS) filtration membrane assemblies |
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Table 2.
According to the WTO notification, the draft regulation is planned for adoption in November 2024.
The regulation will enter into force 20 days after its publication in the Official Journal of the EU (OJEU).
SGS has the expertise to help manufacturers and suppliers of FCM achieve compliance with markets around the globe. Our technical experts have extensive experience of testing materials and articles for many markets. We offer the full range of FCM testing, including migration tests, along with expert advice on emerging regulations, compliance issues and documentation review. Our experience can ensure your products meet the appropriate territorial regulations for food contact materials and help pave the way for compliance. Contact us to know more or visit our website. In the end, it’s only trusted because it’s tested.
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