Update: Biocides: Access to the Market in Great Britain
Key Information Following Brexit
05 April 2022
The Biocidal Products Regulation (BPR) facilitates the regulation of biocide importation into the United Kingdom (UK) and European Union (EU), and movement between EU member states. Legislative requirements like these are necessary, as biocidal products have the potential to cause harm to human health or the environment.
Implications of Brexit
Following Brexit, Great Britain (GB) is no longer part of the EU scheme for regulating biocides. The GB Biocidal Products Regulation (GB BPR) came into force on 31 December 2020 and operates like the EU Biocidal Products Regulation (EU BPR).
Under GB BPR, if a biocidal product contains an active substance that is under review for the relevant product type(s) (PT), then it can be placed on the GB market under transitional measures (national provisions apply, including compliance with GB Article 95 – see below). Once the last active substance in a biocidal product is assigned an approval date under GB BPR, an application for product authorisation is required to keep the product on the GB market.
Any active substance that is not approved under GB BPR/under review for the relevant PT(s) is classed as a "new" active substance. New active substances must be submitted for approval by the UK Health and Safety Executive (HSE) and cannot be used in biocidal products on the GB market until they have been approved and the biocidal product is authorised.
Biocidal Product Authorisation in the UK
Biocidal products are now regulated under GB BPR in England, Scotland, and Wales, whereas EU BPR governs regulation of biocidal products in Northern Ireland. Consequently, a company wishing to place a biocidal product on the market in Northern Ireland can, under EU BPR, apply for national authorisation or apply for mutual recognition if the product is already authorised in the EU.
GB Article 95
Under GB BPR, a GB version of the EU Article 95 List was created, which provides details of suppliers for active substance/product type combinations that can be used in biocidal products in GB. A biocide cannot be made available on the GB market unless the requirements of GB Article 95 are met.
Companies that were already present on the EU List as of 31 December 2020 have been transferred to the GB List for a duration of 2 years. To remain on the GB Article 95 List, companies are required to re‑submit supporting information that was previously submitted to the European Chemicals Agency (ECHA) to the HSE. Companies will also have to ensure they are established in the UK (or have appointed a UK representative) and notify the HSE to this effect by the 31 December 2022 deadline.
How Can Intertek Support?
Intertek offers technical and regulatory support that covers all aspects of GB BPR. We have the expertise to determine and implement post-Brexit obligations, ensuring biocidal product compliance and continued access to the GB market for our clients.
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