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EU Amends Regulation (EU) No 10/2011 on Authorized Plastic FCMs and Use Requirements Thereof

This amendment will come into effect on August 1, 2023 with transitional period set as per different cases.

As revealed by EU’s official journal, EU amends the Annex I to Regulation (EU) No 10/2011 on authorized plastic food contact materials and articles (FCMs), their use requirements, and several group restrictions.

Major Revisions

1. Amendments on authorized substances and their use requirements

  • Deletion: “Wood flour and fibers, untreated” and “Salicylic acid” are removed from authorized substances that can be intentionally used in plastic layer manufacturing.

  • Addition: The following five entries are newly inserted in Table 1 of Annex I.

No.

Name

Notes

1

tris(2-ethylhexyl) benzene-1,2,4-tricarboxylate

Only to be used as plasticiser to manufacture soft poly (vinyl chloride); Not to be used in contact with foods intended for infants

2

Triethanolamine-perchlorate, sodium salt) dimer

Only to be used in rigid poly (vinyl chloride) in contact with foods included in the food category with reference number 01.01.A in table 2 of Annex III

3

N, N-bis(2-hydroxyethyl)stearylamine partially esterified with saturated C16/C18 fatty acids

Only to be used at up to 2 % (w/w) in plastic materials and articles intended for the packaging by food business operators of dry foods for which simulant E is assigned in table 2 of Annex III

4

Phosphoric acid, mixed esters with 2-hydroxyethyl methacrylate

  • Only to be used at up to 0,35 % (w/w) to manufacture polymethylmethacrylate.

  • SML expressed as the sum of the mono-, di- and triesters of phosphoric acid and the mono-, di-, tri- and tetraesters of diphosphoric acid

5

Benzophenone-3,3',4,4'-tetracarboxylic dianhydride (BTDA)

Only to be used at up to 43 % (w/w) as a co-monomer in the production of polyimides for use in contact with foods for which only simulants B and/or D2 are laid down in table 2 of Annex III at temperatures up to 250 °C

  • Revision: The use requirements for the following 4 phthalates and other 5 substances are amended.

No.

Name

Notes

1

Phthalic acid, dibutyl ester (DBP)

  • Specific migration limit (SML) (mg/kg): changed from 0.3 to 0.12

  • Newly subject to group restriction No. 36 with detailed specifications

2

Phthalic acid, benzyl butyl ester (BBP)

  • SML (mg/kg): changed from 30.0 to 6.0

  • Newly subject to group restriction No. 36 with detailed specifications

3

Phthalic acid, bis(2-ethylhexyl) ester (DEHP)

  • SML (mg/kg): changed from 1.5 to 0.6

  • Newly subject to group restriction No. 36 with detailed specifications

4

Phthalic acid, diesters with primary, saturated C 8-C 10 branched alcohols, more than 60 % C 9 (DINP)

  • Not to be used in combination with FCM substances 157, 159, 283, or 1085

  • With amendment to the specification of involved group restriction No. 26 and 32

5

Triethanolamine

  • SML for this substance deleted

  • The substance in group restriction No. 37 newly included

6

Perchloric acid, salts (perchlorate)

  • SML for this substance deleted

  • The substance in group restriction No. 38 newly included

7

Diethyl[[3,5-bis(1,1-dimethylethyl)-4-hydroxyphenyl]methyl]phosphonate

Expanded use scope to manufacture poly(ethylene 2,5-furandicarboxylate) (PEF)

8

Poly((R)-3-hydroxybutyrate-co-(R)-3-hydroxyhexanoate) (PHBH)

Addition of a restriction about temperature condition for use

9

Phosphorous acid, triphenyl ester, polymer with alpha-hydro-omega-hydroxypoly[oxy(methyl-1,2-ethanediyl)], C10-16 alkyl esters

Expanded use scope of this substance as an additive in manufacturing acrylonitrile-butadiene-styrene (ABS) materials

2. Revisions on group restriction

No.

Name

Notes

1

Group restriction No. 7

N, N-bis(2-hydroxyethyl)stearylamine partially esterified with saturated C16/C18 fatty acids (FCM No 1081) is newly included in the group

2

Group restriction No.26 (DINP & DIDP)

SML (T) is changed from 9 mg/kg to 1.8 mg/kg, expressed as the sum of the substances

3

Group restriction No. 32

“Tris(2-ethylhexyl) benzene-1,2,4-tricarboxylate ester” and “1,2-bis(2-methylpropyl) benzene-1,2-dicarboxylate” are added in the group with revised group restriction

4

Group restriction No. 36, 37 and 38

Newly added with corresponding specifications

 

Implementation and Transitional Period

This amendment will come into effect on August 1, 2023.

Transitional period is set respectively for the following cases:

  1. For compliant plastic materials covered by Regulation (EU) No 10/2011 before this amendment, if they are first placed on the market before February 1, 2025, they can remain on the market until the stock exhaustion.

  2. For compliant intermediate materials or products covered by Regulation (EU) No 10/2011 before this amendment, if they are first placed on the market after May 1, 2024 and do not comply with this amendment, their declaration of compliance shall indicate that they do not comply with the present rules. Besides, they can only be used in the manufacture of plastic materials that are supposed to be placed on the market before February 1, 2025.

  3. For plastic materials manufactured with the two deleted substances (salicylic acid and untreated wood flour/fiber), they can be first placed on the market after February 1, 2025 after submitting an application for authorization to the competent authority as per relevant regulations and get the application authorized. Detailed requirements can be read at the official journal.

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