Decision (EU) 2021/1839 of 15 October 2021 postponing the expiry date of approval of creosote for use in biocidal products

Jurisdiction: EU & Northern Ireland

Commencement: 9th November 2021


  • Regulation (EU) 528/2012 concerning the making available on the market and use of biocidal products

Mini Summary

Regulation (EU) 528/2012 concerning the making available on the market and use of biocidal products concerns 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 which are 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 acting 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 the product 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.


The expiry date of the approval of creosote (active substance*) for use in biocidal products of product-type 8 (wood preservatives) is postponed to 31st October 2022. 

*An active substance is defined as a substance or micro-organism (including viruses) that has a general or specific action against harmful organisms or on plants, parts of plants or plant products.

There are no changes in duties for organisations.

Link to full government text


The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.

Sign up for your free trial to get instant access.



These summaries (The Compliance People Materials) are provided free of charge as an example of the Legislation Update Service’s content. They are not intended to constitute legal advice for any specific situation. The Compliance People Materials are general and educational in nature and may not apply to the specific facts and circumstances of individual cases. The Compliance People does not accept any responsibility for action taken by you or any User as a result of any The Compliance People Materials provided by us. You should take specific legal advice when dealing with specific situations.