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Court judgment on the identification of Bisphenol A as an SVHC

On 11 July 2019, the General Court issued a judgment in case T-185/17 dismissing in its entirety an action brought by PlasticsEurope. This action was seeking the annulment of ECHA’s decision to include Bisphenol A (BPA; EC 201-245-8, CAS 80-05-7) in the Candidate List on the basis of its classification as toxic for reproduction category 1B.

 

In particular, the General Court confirmed that ECHA can include a substance in the Candidate List even if it has intermediate uses. Furthermore, the Court considered that:

  • The inclusion in the Candidate List of a substance classified as toxic for reproduction category 1B is carried out solely on account of the intrinsic properties of that substance and not on account of its uses.
  • When including a substance in the Candidate List, ECHA is not required to add a statement about the impact of that inclusion on any intermediate use of that substance.

 

General Court’s press release