Food Contact Materials Legislation: Updates and Next Steps

Food Contact Materials (FCMs)- In the next mandate, we will continue engaging on the EU Commission's work on an overarching revision of the EU FCM legislation. Amongst others, this includes the revision of Regulation (EC) No 1935/2004, the so-called General FCM Regulation, with a view to potentially develop an IT infrastructure for information exchange and compliance verification along the supply chain, as well as the sustainable use of FCMs. To develop this last aspect, the EU Commission is currently working on a study on FCM sustainability.

The study began on 10 April with a kick-off meeting, and has an expected timeline of 45 weeks. On 10 June, an inception workshop was organised to exchange views on a suggested definition of sustainability when applied to FCMs. EUROPEN attended the workshop and intends to provide its position on the proposed definition. The second part of the study will consist of the identification of policy measures, for which a second workshop will be organised. In the third part, the EU Commission will develop policy measures, and afterwards, targeted discussions with stakeholders will take place, before the publication of a draft final report .

No more BPA in FCMs - On 12 June, Member States endorsed the Commission Proposal to ban Bisphenol A (BPA) in food contact materials. This means that, after a phase-out period, the substance chemical will no longer be allowed to be used in these products in the EU. The decision is based on a 2023 scientific assessment from the European Food Safety Authority (EFSA), which concluded that BPA had “potential harmful effects on the immune system”.

As a next step, the regulation will be transmitted in mid-July to the EU Parliament and Council for a 3-month scrutiny period. The EU Commission expects to adopt this delegated act around November 2024, and the entry into force to take place by the end of 2024.

Amping up quality control for plastic FCMs - The EU Commission is also furthering work on a draft Regulation aiming to increase quality control under Regulation (EU) No 10/2011 on plastic. The draft was published on 13 March, and after a stakeholder consultation that ended in April, several changes were implemented (latest draft regulation available here and Annexes here). These included amendments to ensure a high degree of purity, as well as amendments related to substances of natural origin, on lifespan, regarding migration testing and multi-material multi-layer materials, and on fixed surface to volume ratio. The Commission’s adoption of this Regulation is expected for Q4 2024.

Reviving the work on recycled plastic FCMs - After a delay on work to amend Regulation (EU) 2022/1616 on recycled plastic materials and articles intended to come into contact with food, the EU Commission is expected to make a decision over summer 2024 to reinitiate work on this Regulation. The main goals would be to correct drafting mistakes, -party certification of quality assurance systems.

WHAT DID YOU MISS ON FCMs?

13 March 2024: publication by the Commission of a draft Regulation aiming to increase quality control under Regulation (EU) No 10/2011.

15 April 2025: end of consultation on Commission’s draft Regulation aiming to increase quality control under Regulation (EU) No 10/2011.

10 June 2024: inception workshop on sustainability definition when applied to FCMs.

12 June 2024: Member States endorse Commission proposal to ban BPA in FCMs.

WHAT’S NEXT ON FCMs?

Mid-July 2024: Commission to transmit the Regulation banning BPA in FCMs.

Q3 2024: Expected decision by the Commission to re-initiate work to amend Regulation (EU) 2022/1616

November 2024: Expected adoption of the Regulation banning BPA in FCMs.

Q4 2024: Expected entry into force of Regulation banning BPA in FCMs.

Q4 2024: Expected adoption of Regulation to increase quality control under Regulation (EU) No 10/2011 on plastic FCMs

Q1 2025: Draft report on sustainability of FCMs.