of 2 February 2026
correcting Regulation (EU) 2024/3190 on the use of bisphenol A (BPA) and other bisphenols and bisphenol derivatives with harmonised classification for specific hazardous properties in certain materials and articles intended to come into contact with food, amending Regulation (EU) No 10/2011 and repeasing Regulation (EU) 2018/213
Official Journal of the European Union – L series
2026/250 – 3 February 2026
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food...
Recitals
| (1) | Commission Regulation (EU) 2024/3190 … |
| (2) | That Regulation contains certain inconsistencies and errors, which are important to correct to ensure the correct functioning of the Regulation. |
| (3) | In Article 3 of Regulation (EU) 2024/3190, the reference to ‘BPA and its salts’ is inconsistent … therefore, the words ‘and its salts’ should be deleted from Article 3. |
| (4) | Article 3(2) of Regulation (EU) 2024/3190 aims to provide a derogation … Article 3(2) should also refer to the placement on the Union market of these food contact materials and articles. |
| (5) | Article 9(2) … since Article 4 prohibits the presence of ‘residual BPA’, Article 9(2)(c) should also refer to ‘residual BPA’. |
| (6) | As explained in recitals 16 and 17 … Article 11 … should be corrected. For consistency reasons, recital 18 should also be corrected. |
| (7) | The aim of Article 12(3) … an additional date of 20 July 2027 should be set out … |
| (8) | The current wording of point 3 of Annex III … the wording should be corrected to require that the identity of the intermediate food contact material or final food contact article … |
| (9) | Regulation (EU) 2024/3190 should therefore be corrected accordingly. |
| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed. |
HAS ADOPTED THIS REGULATION
Article 1
Regulation (EU) 2024/3190 is corrected as follows:
| (1) | in recital 18, the fourth sentence is replaced by: ‘Therefore, in order to allow enough time to bring the applications for these types of packaging to commercial scale and to avoid food waste, it is appropriate to allow final food contact articles using varnishes and coatings manufactured with BPA, specifically for the packaging used to preserve fruit, vegetables and processed fishery products, to be first placed on the market during a period of 36 months after the entry into force of this Regulation.’ |
| (2) | Article 3 is replaced by: ‘Article 3 Prohibition of the use of BPA 1. The use of BPA … is prohibited. 2. By way of derogation … is allowed in accordance with Annex II, subject to the restrictions laid down therein.’ |
| (3) | in Article 9, paragraph 2, is replaced by: ‘2. For the selection of methods used to verify that a food contact material or article does not contain residual BPA, another hazardous bisphenol or a hazardous bisphenol derivative, or does not release those substances into food above the specified detection limit or specific migration limit, the following additional rules apply: |
| (a) | where the European Union Reference Laboratory (‘EURL’) for food contact materials has developed or recommended a method, that method shall be used; |
| (b) | a method shall have a detection limit of 1 μg/kg unless a different detection limit is set out in Annex II, or as part of the method recommended in accordance with point (a); |
| (c) | to verify that a food contact material or article does not contain residual BPA, another hazardous bisphenol or a hazardous bisphenol derivative, an extraction method shall be used.’ |
| (4) | Article 11 is replaced by: ‘Article 11 Transitional provisions concerning single‑use final food contact articles 1. Single‑use final food contact articles manufactured using BPA and complying with the rules as applicable before the date of entry into force of this Regulation, which do not comply with the rules in this Regulation, may be first placed on the market until 20 July 2026. 2. By way of derogation from paragraph 1, the following single‑use final food contact articles … may be first placed on the market until 20 January 2028: (a) … (i) fruits or vegetables … (ii) fishery products … (b) … varnish or coating … . 3. Single‑use final food contact articles first placed on the market … may be filled with food and sealed during the 12 months following the expiry of the applicable transitional period. The resulting packaged food may be placed on the market until exhaustion of stocks.’ |
| (5) | in Article 12, paragraph 3 is replaced by: ‘3. Repeat‑use final food contact articles that were first placed on the market in accordance with paragraph 1 may remain on the market until 20 July 2027. Repeat‑use final food contact articles that were first placed on the market in accordance with paragraph 2 may remain on the market until 20 January 2029.’ |
| (6) | in Annex III, point 3 is replaced by: ‘(3) the identity of the intermediate food contact materials or final food contact articles;’. |
Article 2
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 February 2026.
For the Commission
The President
Ursula VON DER LEYEN
ELI: https://data.europa.eu/eli/reg/2026/250/oj
ISSN 1977-0677 (electronic edition)