Article 6 · Commission Regulation (EU) 2024/3190

Contents

Article 6Authorisation for the use of hazardous bisphenols other than BPA or hazardous bisphenol derivatives in the manufacture of food contact materials and articles for a specific application#

1.To obtain an authorisation for the use of a hazardous bisphenol other than BPA or hazardous bisphenol derivative in the manufacture of a food contact material or article for a specific application, an application shall be submitted in accordance with Article 9 of Regulation (EC) No 1935/2004.

2.In accordance with Article 10 of Regulation (EC) No 1935/2004, the Authority shall issue an opinion for the use of the hazardous bisphenol or hazardous bisphenol derivative in the manufacture of a food contact material or article for a specific application for which a valid application was submitted in accordance with Article 9 of Regulation (EC) No 1935/2004. In case the Authority receives several applications regarding the same hazardous bisphenol or hazardous bisphenol derivative, the Authority may publish a single opinion concerning that hazardous bisphenol or hazardous bisphenol derivative.

3.The Commission shall thereafter adopt a specific measure in accordance with Article 11 of Regulation (EC) No 1935/2004, either authorising, subject to restrictions where appropriate, or not authorising the use of the hazardous bisphenol or hazardous bisphenol derivative for the manufacture of the food contact material or article for a specific application. In case of authorisation, the hazardous bisphenol or hazardous bisphenol derivative shall be included in Annex II to this Regulation accordingly.

4.For the purpose of paragraph 1, and before 20 January 2027, the Authority shall publish scientific output detailing the information necessary for the assessment of the use of hazardous bisphenols or hazardous bisphenol derivatives, in the manufacture of a food contact materials and articles for a specific application, supplementing or updating where necessary the detailed guidelines referred to in Article 9(2) of Regulation (EC) No 1935/2004. The Authority and the European Chemicals Agency shall collaborate with each other for this purpose.

5.Upon request by the Authority, business operators using bisphenols or bisphenol derivatives in the manufacture of food contact materials and articles shall provide data on the use of the bisphenols and bisphenol derivatives in the manufacture of food contact materials and articles to inform the preparation of the information referred to in paragraph 4.