The European Commission considered legal action against France in 2015 over its decision to ban
the use of bisphenol A in food contact materials, according to a recently published document.
The document – an internal briefing paper prepared by DG Grow – was made public after online newspaper EUobserver successfully made a request for access to it.
However, the EU executive did not instigate the case because of a disagreement between internal departments about what actions to take.
In the document, the Commission argued that the French ban on the endocrine disruptor "is fully disproportionate and creates considerable legal uncertainty, both within the internal market and as regards the EU commercial relations with third countries".
The ban, which came into effect on 1 January 2015, would have a "significant" economic impact on the polycarbonate, metal packaging and food industry, the document added. It cited an estimate from industry association PlasticsEurope of annual losses amounting to €1.5bn.
PlasticsEurope filed a complaint
to the Commission in 2013. It said the ban, which France adopted the year before, "infringes on numerous EU provisions", such as the free movement of goods, FCM regulations and the precautionary principle.
For more information, refer to the original document by clicking the source.