European Plastics Trade Group Opposes Latest BPA Decision

Trade body PlasticsEurope has opposed Echa's recent decision, identifying BPA as a substance of very high concern due to its endocrine disrupting effects on the environment.

BPA – which is mainly used in the production of the plastic polycarbonate and epoxy resins – was added to Echa’s candidate list early last year for its toxic for reproduction properties, a recommendation put forward by France.

Then in June the substance was identified as an SVHC for its endocrine disrupting properties that cause probable serious effects to human health, again a recommendation from France.

The trade group PlasticsEurope has filed lawsuits against Echa for the first two decisions but would not comment on whether it will file a third for this latest decision, from December. Lawsuits against the decision must be filed two months and ten days from its publication.

Industry has struggled to find alternatives to BPA, with bisphenol S (BPS) receiving the most attention. However, an investigation by the Swedish Chemicals Agency (Kemi) found that 37 of 39 bisphenols surveyed on the European market could have potential endocrine disrupting properties.

Industry impacts?

This latest identification, put forward by Gemany, will add more pressure on the industries using BPA to consider its replacement. In a statement to Chemical Watch, PlasticsEurope spokesperson Jasmin Bird said that BPA is predominantly used as an intermediate to manufacture polycarbonate and epoxy resin (polymeric materials) and pointed out that intermediate uses are exempt from Authorisation under REACH.

Therefore, she said, a potential later authorisation of BPA should have no direct regulatory impact on these type of BPA-based polymers. Concern is instead over the non-intermediate uses of the substance, such as additive uses of BPA. These are not exempt and would have to comply with the obligations under REACH Authorisation.

During a consultation on Gemany’s proposal, most comments from member states backed the decision. However, the PC/BPA, a subgroup of trade body PlasticsEurope; Sensopolis Ltd, a UK consultancy that works with distributors of epoxy resins; and Spanish chemicals company Berceo, who produces resins and other substances, strongly dispute the decision.

In their comments, they disagree that there is scientific evidence of probable serious effects to the environment which give rise to an equivalent level of concern compared to CMR or PBT substances. They also disagree with the studies selected to inform the dossier.

In its comments, Sensopolis says the report is "highly biased and completely ignores data from other sources" including the American Chemical Society, the FDA and the European Food Standards Agency. In response, Echa said that these sources address human health, but not environmental effects.

'Disproportionate'

The PC/BPA said that because of existing regulatory measures covering BPA uses under REACH, the proposal to identify it as an SVHC based on "alleged endocrine disrupting properties for the environment does not provide regulatory value and could be considered premature".

It also highlights the German authorities risk management option alysis (RMOA) of BPA, which says "the authorisation procedure itself would not address the manufacture of BPA or use of BPA as intermediate" and that "the majority of uses is out of scope of authorisation".

The group then adds that if authorisation is "not the foreseen regulatory route, an additional SVHC identification of BPA as a first step of the authorisation process is considered unnecessary and disproportionate, even more as BPA is already identified as SVHC".

In response, Echa told Chemical Watch that this latest decision will have an impact on the scope of the authorisation requirement, if BPA is included in Annex XIV.

"[Under REACH] some uses, such as those in cosmetic products and in food contact materials within the scope of relevant legislation, are exempt from the authorisation requirement if the substance is identified as an SVHC due only to human health hazards."

Echa will submit its eighth Annex XIV recommendation to the Commission next week. However, BPA was not in the candidate list when this recommendation round started, so the agency has not yet assessed it. The next recommendation is expected for late 2019.