Bisphenol A: EU Count Dismisses Claim of PlasticsEurope

Bisphenol A (BPA) will retain its classification as a substance of very high concern (SVHC) and therefore be entered into the REACH candidate list. That’s the decision of the EU according to a court judgement that dismissed the case of PlasticsEurope against the ECHA.

PlasticsEurope had accused the ECHA of including the substance in the candidate list at the beginning of January 2018 in contradiction to the requirements of REACH. The group argued that BPA would be used only as an intermediate product and that ECHA had to take this special role of BPA in consideration in its decision. The group therefore claimed that the ECHA’s action was disproportional and should be challenged.

In their decision, the judges emphasized that chemicals that function as intermediate products are also subject to REACH. The goal of the SVHC classification is to create transparency – along the supply chain and for the consumer. Accordingly, said the judges, the action of the ECHA was proportional are justified.

As early as January 2016, the EU Commission had supplemented ANNEX XVII of REACH. Accordingly, thermal paper will be prohibited after January 2020 if it contains BPA in a concentration greater than or equal to 0.02% by weight. See our article: EU Prohibits Thermal Paper.

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