Jurisdiction: EU
Commencement: 6th October 2024
Amends: Regulation (EU) 528/2012 concerning the making available on the market and use of biocidal products
Mini Summary
Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products (‘Biocidal Products Regulation’) sets out the requirements which apply to biocidal products. The Regulation primarily concerns those manufacturers, importers, etc. who wish to place biocidal products on the market.
Biocidal products are products designed to control, by chemical or biological means (but not solely by physical means), harmful organisms which include not only pathogens, but also some vermin, fish, and birds. Biocidal products contain one or more ‘active substances’ which act on the harmful organisms.
Before placing a harmful product on the market in an EU Member State, the person who wishes to place it on the market must ensure that:
- the active substance is ‘approved’;
- the biocidal product is ‘authorised’; and
- the product is appropriately labelled and user information provided.
The Biocidal Products Regulation is directly applicable in all EU Member States.
There are several routes by which a product may become authorised. A product may be authorised in one Member State, but this does not automatically allow it to be placed on the market in other Member States. It is therefore important to ensure that the correct process has been followed if the product is to be placed on the market in other Member States.
Users must use biocidal products in accordance with any labelling and conditions which apply to the product (which information should be made available with the product). Users do not need to apply for authorisation.
Duties
Various duties apply and are available to view on the Legislation Update Service.
Amendment
Lhoist is authorised to use and sell the biocidal product* ‘Ca(OH)2 PT02’ from 6th October 2024 until 30th November 2033, subject to the conditions set out in the Annex.
*A biocidal product is a product with an active substance that is intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on harmful or undesired organisms.
**Ca(OH)2 PT02 is used as a disinfectant not intended for direct application to humans or animals.