ECHA: Bisfenol A- The court of the EU rejects the appeal of PlasticsEurope

The Court of the European Union has rejected the appeal presented by PlasticsEurope (European association of European plastics producers), regarding the inclusion of bisphenol A in the list of substances of very high concern (SVHC).

This substance, used in the production of polycarbonate and epoxy-phenolic resins (the latter used in the internal aluminium coating of cans and drinking water tanks), was inserted by ECHA in the Candidate List because of its toxic properties for reproduction.

The appeal presented by PlasticsEurope is due to an alleged violation of the proportionality principle by ECHA, which would have included the substance on the list without excluding the intermediate uses.

However, the judges rejected the appeal, based on the assumption that the sentence reads:
"a substance used as an isolated intermediate on site or as a transported isolated intermediate is not automatically excluded from the scope of all the provisions of the REACH Regulation. Therefore, the substance is not exempted from the identification procedure provided by that Regulation”.
Furthermore, "The regulation does not prevent a substance from being identified as extremely problematic, even if it is used only as an isolated intermediate on site or as a transported isolated intermediate".


For these reasons, bisphenol A remains on the candidate list for authorized use only.
 

More news

  • 08 April 2024

    Chemicals compliance

    BHT: Restrictions in the UK

    On 1 April 2024, The Cosmetic Products (Restriction of Chemical Substances) Regulations 2024 were published in the UK, amending Annex III of the UK Cosmetics Regulations by placing new restrictions on...

  • 04 April 2024

    Chemicals compliance

    COSMETICS REGULATION UPDATE: REGULATION 2024/996 PUBLISHED

    On 3 April 2024, Regulation 2024/996 amending Annexes II, III, V and VI of Regulation (EC) No 1223/2009 was published. Below is the list of the amendments: Annex II (prohibited substances): the substance...

  • 18 March 2024

    Chemicals compliance

    Regulation 2024/858: Update of Annexes II and III of the Cosmetics Regulation

    On 15 March 2024, Regulation 2024/858 was published, amending Annexes II and III of Regulation 1223/2009 with regard to certain nanomaterials. The following have been added to Annex II (and are therefore...