Prohibition of the use of BPA
Article 1
Open ↗Regulation (EU) 2024/3190 is corrected as follows: (1) in recital 18, the fourth sentence is replaced by the following: ‘Therefore, in order to allow enough time to bring the applications for these types of packaging to commercial scale and to avoid food waste, it is appropriate to allow final food contact articles using varnishes and coatings manufactured with BPA, specifically for the packaging used to preserve fruit, vegetables and processed fishery products, to be first placed on the market during a period of 36 months after the entry into force of this Regulation.’ (2) Article 3 is replaced by the following: ‘Article 3 Prohibition of the use of BPA 1. The use of BPA in the manufacture of food contact materials and articles referred to in Article 1(2) and the placing on the Union market of food contact materials and articles manufactured using BPA is prohibited. 2. By way of derogation from paragraph 1, BPA may be used in the manufacture of food contact materials and articles for a specific application and the placing on the Union market of such food contact materials and articles is allowed in accordance with Annex II, subject to the restrictions laid down therein.’ . (3) in Article 9, paragraph 2, is replaced by the following: ‘2. For the selection of methods used to verify that a food contact material or article does not contain residual BPA, another hazardous bisphenol or a hazardous bisphenol derivative, or does not release those substances into food above the specified detection limit or specific migration limit, the following additional rules apply: (a) where the European Union Reference Laboratory (‘EURL’) for food contact materials has developed or recommended a method, that method shall be used; (b) a method shall have a detection limit of 1 μg/kg unless a different detection limit is set out in Annex II, or as part of the method recommended in accordance with point (a); (c) to verify that a food contact material or article does not contain residual BPA, another hazardous bisphenol or a hazardous bisphenol derivative, an extraction method shall be used.’ . (4) Article 11 is replaced by the following: ‘Article 11 Transitional provisions concerning single-use final food contact articles 1. Single-use final food contact articles manufactured using BPA and complying with the rules as applicable before the date of entry into force of this Regulation, which do not comply with the rules in this Regulation, may be first placed on the market until 20 July 2026. 2. By way of derogation from paragraph 1, the following single-use final food contact articles complying with the rules as applicable before the date of entry into force of this Regulation, which do not comply with the rules in this Regulation, may be first placed on the market until 20 January 2028: (a) single-use final food contact articles intended for the preservation of the following foodstuffs: (i) fruits or vegetables, excluding products defined in Annex I to Council Directive 2001/112/EC ( 13 ); or (ii) fishery products as defined by Regulation (EC) No 853/2004 of the European Parliament and of the Council ( 14 ); (b) single-use final food contact articles on which a varnish or coating manufactured using BPA has only been applied to the exterior metal surface. 3. Single-use final food contact articles first placed on the market in accordance with paragraphs 1 and 2 may be filled with food and sealed during the 12 months following the expiry of the applicable transitional period. The resulting packaged food may be placed on the market until exhaustion of stocks.’ . (5) in Article 12, paragraph 3 is replaced by the following: ‘3. Repeat-use final food contact articles that were first placed on the market in accordance with paragraph 1 may remain on the market until 20 July 2027. Repeat-use final food contact articles that were first placed on the market in accordance with paragraph 2 may remain on the market until 20 January 2029.’ . (6) in Annex III, point 3 is replaced by the following: ‘(3) the identity of the intermediate food contact materials or final food contact articles;’.