PlasticsEurope's attempt to have bisphenol A removed from the list of substances of very high concern because of its reproductive toxicity has failed. By a judgment (T-185/17) delivered on Thursday 11 July, the EU General Court confirmed the decision to include this substance on such a list, taken in 2017 by the European Chemicals Agency (ECHA) on the basis of the dossier prepared by the rapporteur country, France.
Bisphenol A is a substance used as an intermediate in the manufacture of polymers, in particular. It is also used for non-intermediary purposes in the manufacture of thermal paper.
It is precisely on this nuance that PlasticsEurope tried to play in its action for annulment. The European Association of Plastic Producers considers that ECHA did not comply with EU rules on chemical substances, namely REACH Regulation 2907/2006, since it did not explicitly exclude the “intermediate uses” of bisphenol A.
This approach is refuted by the EU General Court, which replied in particular that there was no requirement for ECHA to include in the “substance candidate list” an explicit statement that intermediate uses were not affected by the inclusion of bisphenol A on that list. It adds that it was the intrinsic properties of bisphenol A, and not its use, that led to its inclusion on the list.
It should be noted that two other appeals have been filed by PlasticsEurope before the EU General Court to have bisphenol A reauthorised. One of the two cases is still pending, but the second, which challenges the criteria used to identify endocrine disrupters, is expected to be completed in September. (Original version in French by Sophie Petitjean)