The European Commission held an information event for stakeholders on 14 June 2024, presenting significant forthcoming changes to the regulation of food contact materials (FCMs) under the revision of Regulation (EU) No 1935/2004. This revision aims to enhance safety, transparency, and sustainability in the production and use of materials that come into contact with food.
Key Changes
- Shift in Focus to Manufacturers: The new regulatory framework will prioritise risk assessment and place greater responsibility on the final manufacturers of materials and articles. This change aims to ensure that only hazardous substances are assessed by authorities, thereby streamlining the process and enhancing safety.
- Enhanced Transparency and Information Transfer: A more robust approach to the transfer of information within the supply chain is being introduced, ensuring a higher level of transparency. This includes the introduction of a Declaration of Compliance (DoC) which sets out the necessary information for all businesses in the supply chain, excluding the point of sale.
- Good Manufacturing Practices: The new regulation will place a stronger emphasis on good manufacturing practices. This includes better verification methods for compliance and laboratory methods to ensure adherence to safety standards.
- Sustainability Objectives: Although not the primary focus of the event, the revision also aims to incorporate sustainability objectives alongside safety and market considerations. This reflects the EU's broader commitment to environmental sustainability.
Specific Measures and Timelines
- Bisphenol A (BPA) Ban: A major highlight of the event was the discussion on the new proposed regulation banning the use of BPA in food contact materials. This ban follows a recent opinion by the European Food Safety Authority (EFSA), which highlighted health concerns associated with BPA. The regulation will also restrict the use of other bisphenols such as bisphenol S (BPS) and bisphenol F (BPF), unless for specific applications that do not present a risk.
- Transitional Periods: The regulation includes fixed transitional periods for the implementation of the new rules. For single-use final food contact articles, there will be an 18-month period, while certain items like canned fish and vegetables will have a 36-month period. For repeat-use articles, a similar 18-month period is provided, with exceptions for professional food production equipment.
- Compliance and Certification: The regulation would introduce third-party certification of quality assurance systems to improve the quality of input materials. This includes potential amendments to ensure full traceability and the establishment of unique identification numbers for recyclers, recycling installations, and recycling processes.
Consultation and Adoption Process
The Commission emphasised that the legislative texts are still under discussion and subject to change based on stakeholder feedback and further consultations. The adoption of the regulation is expected by November this year, with the entry into force by the end of the year. A series of sessions are planned to discuss specific aspects such as the BPA ban, quality amendments, and recycling regulations, providing ample opportunities for stakeholders to engage and provide feedback.
