Consultations and notifications

E-bulletin - 17 December 2024

The European Chemicals Agency (ECHA) is consulting on the availability of substitutes and alternatives to 3-Iodo-2-propynylbutylcarbamate.

The EU Biocidal Products Regulation (EU BPR) applies in NI. 
If an active substance meets the substitution criteria set out in Article 10(1), it will be considered as a candidate for substitution.

This means that the supply and use of biocidal products containing candidates for substitution must be prohibited or restricted under EU BPR, unless all the following conditions can be shown:

  • for the uses specified for that product, there are no other authorised biocidal products or existing non-chemical control or prevention methods that:
    • present a significantly lower overall risk for human health, animal health and the environment
    • are sufficiently effective
    • present no other significant economic or practical disadvantages
  • the chemical diversity of the available active substances is not adequate to minimise the occurrence of resistance in the target harmful organism

The following active substance has been identified as a potential candidate for substitution under EU BPR and ECHA has launched a public consultation to collect information on the availability of substitutes and alternatives, running until the stated date:

 

  • 3-Iodo-2-propynylbutylcarbamate (CAS 55406-53-6 EC 259-627-5) in product type 10

Stated date - 20 January 2025.

Comments should be submitted to ECHA (not HSE) using the dedicated webforms at the link below:

E-bulletin - 17 October 2024

The European Chemicals Agency (ECHA) is consulting on potential candidates for substitution and on derogation conditions for 2,2-dibromo-2-cyanoacetamide (DBNPA).

The EU Biocidal Products Regulation 528/2012 (EU BPR) applies in Northern Ireland.

Under the EU BPR, if an active substance meets the exclusion criteria set out in Article 5 (1), it would not normally be approved for use in biocidal products. 2,2-dibromo-2-cyanoacetamide (DBNPA) has been identified as fulfilling at least one of the criteria set out in the Article 5 (1) exclusion criteria under EU BPR.

Where an active substance meets at least one of the exclusion criteria listed in Article 5 (1), it may still be approved in accordance with Article 5 (2) if one of the following conditions are met:

  • the risk to humans, animals or the environment from exposure to the active substance in a biocidal product, under realistic conditions of use, is negligible
  • the active substance is essential to prevent a serious danger to human or animal health or the environment
  • not approving the substance would have a disproportionate negative impact on society compared to the risks

In these circumstances the active substance will also be considered as a candidate for substitution under Article 10 (1) of the EU BPR.

Before submitting its opinion on the approval or renewal of the active substance to the Commission, ECHA will launch a consultation to collect information on potential alternatives to this substance (Article 10 (3) of EU BPR).

The following active substance has been identified as a potential candidate for substitution under EU BPR and ECHA has launched a public consultation running until the stated date:

  • 2,2-dibromo-2-cyanoacetamide (DBNPA) (CAS 233-539-7 EC 10222-01-2) in product type 12 – 17 November 2024

Comments should be submitted to ECHA (not HSE) using the dedicated webforms at the link below:

E-bulletin - Update 1 - 10 October 2024

The European Chemicals Agency (ECHA) is consulting on potential candidates for substitution and on derogation conditions for pyrithione zinc.

Under the EU BPR, if an active substance meets the exclusion criteria set out in Article 5 (1), it would not normally be approved for use in biocidal products. Pyrithione zinc has been identified as fulfilling at least one of the criteria set out in the Article 5 (1) exclusion criteria under EU BPR.

Where an active substance meets at least one of the exclusion criteria listed in Article 5 (1), it may still be approved in accordance with Article 5 (2) if one of the following conditions are met:

  • the risk to humans, animals or the environment from exposure to the active substance in a biocidal product, under realistic conditions of use, is negligible
  • the active substance is essential to prevent a serious danger to human or animal health or the environment
  • not approving the substance would have a disproportionate negative impact on society compared to the risks

In these circumstances the active substance will also be considered as a candidate for substitution under Article 10 (1) of the EU BPR.

Before submitting its opinion on the approval or renewal of the active substance to the Commission, ECHA will launch a consultation to collect information on potential alternatives to this substance (Article 10 (3) of EU BPR).

The following active substance has been identified as a potential candidate for substitution under EU BPR and ECHA has launched a public consultation running until the stated date:

  • Pyrithione zinc (zinc pyrithione) (CAS 13463-41-7 EC 236-671-3) in product type(s) 6, 7, 9 and 21 – 4 October 2024

Comments should be submitted to ECHA (not HSE) using the dedicated webforms at the link below:

E-bulletin - Update 2 - 10 October 2024

The European Chemicals Agency (ECHA) is consulting on the availability of substitutes and alternatives to 3-iodo-2-propynylbutylcarbamate (IPBC).

The EU Biocidal Products Regulation (EU BPR) applies in Northern Ireland. Under EU BPR active substances will be considered candidates for substitution if they meet the substitution criteria set out in Article 10 (1). This means that the supply and use of biocidal products containing candidates for substitution must be prohibited or restricted under EU BPR, unless all the following conditions can be shown:

  • for the uses specified for that product, there are no other authorised biocidal products or existing non-chemical control or prevention methods that:
    • present a significantly lower overall risk for human health, animal health and the environment
    • are sufficiently effective
    • present no other significant economic or practical disadvantages
  • the chemical diversity of the available active substances is not adequate to minimise the occurrence of resistance in the target harmful organism

The following active substance has been identified as a potential candidate for substitution under EU BPR and ECHA has launched a public consultation to collect information on the availability of substitutes and alternatives, running until the stated date:

  • 3-iodo-2-propynylbutylcarbamate (IPBC) (CAS 55406-53-6 EC 259-627-5) in product type 8 – 6 November 2024

Comments should be submitted to ECHA (not HSE) using the dedicated webforms at the link below:

E-bulletin - 3 October 2024

The European Chemicals Agency (ECHA) is consulting on the essentiality of Medetomidine in the EU

The EU Biocidal Products Regulation (EU BPR) applies in Northern Ireland. Under EU BPR if an active substance meets the exclusion criteria set out in Article 5 (1), it would not normally be approved for use in biocidal products in the EU. However, a derogation would allow the active substance to be approved under Article 5 (2) if one of the following criteria can be met:

  • exposure is negligible
  • the active substance is essential to prevent a serious danger to human or animal health or the environment
  • not approving the substance would have a disproportionate negative impact on society compared to the risks

The following active substance has been identified as meeting the exclusion criteria under EU BPR and ECHA has launched a public consultation to collect information on whether the conditions for derogation are satisfied, running until the stated date:

  • Medetomidine (CAS 86347-14-0 EC 811-718-6) in product type 21 – 6 November 2024

Comments should be submitted to ECHA (not HSE) using the dedicated webforms at the link below:

E-bulletin - 7 August 2024

The European Chemicals Agency (ECHA) has published open invitations to provide an opportunity for a person, company or task force/consortium to notify an intention to take up or take over the role of participant in the EU Review Programme for the following active substance/product type combinations. This affects Northern Ireland (NI). Anyone wishing to support one of the active substance/product type combinations listed below in the EU will need to submit a notification to ECHA by the following deadlines:

  • reaction products of 5,5-dimethylhydantoin, 5-ethyl-5-methylhydantoin with chlorine (DCEMH) (CAS 89415-87-2 EC 401-570-7) in product type 11 – 14 November 2024
  • reaction products of 5,5-dimethylhydantoin, 5-ethyl-5-methylhydantoin with bromine and chlorine (DCDMH) (CAS N/A EC N/A) in product type 11 – 14 November 2024

If a notification to take over the role of participant is not received, these active substance/product type combinations will be subject to an EU non-approval decision. This means the active substances will no longer be able to be used in biocidal products of the relevant product type in NI. In addition, articles treated with such products will no longer be able to be placed on the market in NI:

If you are aware of any disproportionate negative impacts that are likely to arise from the non-approval of any of the active substance/product type combinations listed above, please get in touch with HSE GB at:

E-bulletin - 31 July 2024

The European Chemicals Agency (ECHA) has published an open invitation to provide an opportunity for a person, company or task force/consortium to notify an intention to take up or take over the role of participant in the EU Review Programme for the following active substance/product type combinations. This affects Northern Ireland (NI). Anyone wishing to support one of the active substance/product type combinations listed below in the EU will need to submit a notification to ECHA by the following deadline:

  • Pyrithione zinc (zinc pyrithione) (CAS 236-671-3 EC 13463-41-7) in product types 2 and 10 – 21 December 2024

If a notification to take over the role of participant is not received, these active substance/product type combinations will be subject to an EU non-approval decision. This means the active substance will no longer be able to be used in biocidal products of the relevant product types in NI. In addition articles treated with such products will no longer be able to be placed on the market in NI:

If you are aware of any disproportionate negative impacts that are likely to arise from the non-approval of any of the active substance/product type combinations listed above, please get in touch with HSE GB at:

New expiry date 18 December 2023

Following evaluation under the EU Biocidal Products Regulation (EU BPR), a decision has been taken to renew the active substance listed below with the following new expiry date. This affects Northern Ireland (NI):

  • 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1H-1,2,4-triazole (Propiconazole) (CAS 60207-90-1 EC 262-104-4) in product type 08 – 30 November 2030

Take action to remain on the EU Article 95 List

If you are an EU Article 95 supplier of any of the active substance/product type combinations listed above, you must submit all the data, or a letter of access to all the data, relevant for the renewal by 12 December 2024 to remain on the list.

Check the impact on your products

If you supply biocidal products containing this active substance in the relevant product type in NI, you should check the renewal conditions to see how you may be impacted. There may be new conditions that you need to take account of when applying for product authorisation or renewal under EU BPR, or product approval under the Control of Pesticides Regulations (COPR). You may even need to make a change to your existing authorisation or approval to comply with the renewal conditions.

Some conditions may mean we need to contact you about cancelling or revoking your product authorisation or approval. In such cases, you will have an opportunity to submit comments or additional information and we will take account of these when finalising our decision.

31 October 2023 - Northern Ireland Retail Movement Scheme impact on biocidal products and treated articles

The Windsor Framework establishes a new way to move pre-packed retail goods from Great Britain (England, Scotland and Wales) into Northern Ireland.  It is called the Northern Ireland Retail Movement Scheme.

GB public health and consumer protection standards apply for all products moving to Northern Ireland through the scheme. This includes requirements for food contact materials.

Biocidal products and treated articles may come into scope of the Northern Ireland Retail Movement Scheme if they meet definition of a ‘food contact material’.

For more information please see the following link:

26/07/23 Update - Submit a notification by the deadline to keep active substances in the EU Review Programme

The European Chemicals Agency (ECHA) has published an open invitation to provide an opportunity for a person, company or task force/consortium to notify an intention to take up or take over the role of participant in the EU Review Programme for the following active substance/product type combination. This affects NI.

Anyone wishing to support one of the active substance/product type combinations listed below in the EU will need to submit a notification to ECHA by the following deadline:

  • Poly(oxy-1,2-ethanediyl), .alpha.-[2-(dide­ cylmethylammonio)ethyl]- .omega.- hydroxy-, propanoate (salt) (“Bardap 26”)’ other than Reaction mass of N,N-didecyl-N-(2-hydroxyethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-hydroxyethoxy)ethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-(2-hydroxyethoxy)ethoxy)ethyl)-N-methylammonium propionate (CAS 94667-33-1 EC n/a) in product types 02, 04 and 10
    4 October 2023
  • Submit a notification to EHCA (ECHA website)

If a notification to take over the role of participant is not received, these active substance/product type combinations will be subject to an EU non-approval decision. Biocidal products containing active substances with EU non-approval decisions for the relevant product types will have to be removed from the NI market. HSE (GB) will provide separate updates on these where relevant.

If you are aware of any disproportionate negative impacts that are likely to arise from the non-approval of any of the active substance/product type combinations listed above, please get in touch with HSE GB at:

Want to keep using p-[(diiodomethyl)sulphonyl]toluene as a preservative?

Companies have withdrawn their interest in getting
p-[(diiodomethyl)sulphonyl]toluene (EC 243-468-3, CAS 20018-09-1) approved as a preservative for products during storage (product-type 6), film (product-type 7), fibre, leather, rubber and polymerised materials (product-type 9) and construction materials (product-type 10) under the biocides Review Programme.
 
Notify ECHA by 2 February 2024 to keep this substance in the Review Programme.

For further information please see the ECHA website at the following links:

Which Member States allow creosote-treated wood to be placed on the market?

ECHA have published a list of Member States where creosote-treated railway sleepers and utility poles may still be on the market for the first time. The information in the list comes directly from the Member States.

From 30 April 2023 onwards, placing these railway sleepers and utility poles on the market is only allowed in Member States that have informed The European Chemicals Agency (ECHA) about their permission and are listed on ECHA website. 

For more information please see the following links:

Upcoming EU active substance open invitation deadlines

Submit a notification by the deadline to keep active substances in the EU Review Programme

The European Chemicals Agency (ECHA) has published open invitations to provide an opportunity for a person, company or task force/consortium to notify an intention to take up or take over the role of participant in the EU Review Programme for the following active substance/product type combinations.

This affects Northern Ireland. Anyone wishing to support one of the active substance/product type combinations listed below in the EU will need to submit a notification to ECHA by the following deadlines:

  • Biphenyl-2-ol (CAS 201-993-5 EC 90-43-7) in product type 7
    30 June 2023
  • Hydrogen peroxide (CAS 7722-84-1 EC 231-765-0) in product types 11 and 12
    25 November 2023

If a notification to take over the role of participant is not received, these active substance/product type combinations will be subject to an EU non-approval decision.

Biocidal products containing active substances with EU non-approval decisions for the relevant product types will have to be removed from the NI market. HSE will provide separate updates on these where relevant.

If you are aware of any disproportionate negative effects that are likely to arise from the non-approval of any of the active substance/product type combinations listed above, please contact HSENI.

Upcoming EU active substance open invitation deadlines

Submit a notification by the deadline to keep active substances in the EU Review Programme.

The European Chemicals Agency (ECHA) has published open invitations to provide an opportunity for a person, company or task force/consortium to notify an intention to take up or take over the role of participant in the EU Review Programme for the following active substance/product type combinations. This affects Northern Ireland (NI). Anyone wishing to support one of the active substance/product type combinations listed below in the EU will need to submit a notification to ECHA by the following deadlines:

  • ‘Poly(oxy-1,2-ethanediyl), .alpha.-[2-(didecylmethylammonio)ethyl]- .omega.- hydroxy-, propanoate (salt) (“Bardap 26”)’ other than ‘reaction mass of N,N-didecyl-N-(2-hydroxyethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-hydroxyethoxy)ethyl)-N-methylammonium propionate and N,N-didecyl-N-(2-(2-(2-hydroxyethoxy)ethoxy)ethyl)-N-methylammonium propionate’ (CAS 94667-33-1 EC n/a) in product types 2, 4 and 10 – 4 October 2023

If a notification to take over the role of participant is not received, these active substance/product type combinations will be subject to an EU non-approval decision. Biocidal products containing active substances with EU non-approval decisions for the relevant product types will have to be removed from the NI market. HSE (GB) will provide separate updates on these where relevant.

If you are aware of any disproportionate negative effects that are likely to arise from the non-approval of any of the active substance/product type combinations listed above, please contact HSE GB.

For more information please see the following links:

Active substances no longer supported in the EU

Non-approval decisions to be taken for unsupported active substances in the EU

Following an opportunity for any person, company or taskforce/consortium to support the active substance/product type combinations listed below in the EU Review Programme, no compliant notifications were received. This affects Northern Ireland (NI):

  • Reaction mass of titanium dioxide and silver chloride (CAS n/a EC n/a) in product types 10 and 11
  • 7a-ethyldihydro-1H,3H,5H-oxazolo[3,4-c]oxazole (EDHO) (CAS 7747-35-5 EC 231-810-4) in product types 6 and 13
  • cis-1-(3-chloroallyl)-3,5,7-triaza-1- azoniaadamantane chloride (cis CTAC) (CAS 51229-78-8 EC 426-020-3) in product types 6 and 13
  • Methenamine 3-chloroallylochloride (CTAC) (CAS 4080-31-3 EC 223-805-0) in product types 6, 12 and 13

These active substance/product type combinations will now be subject to an EU non-approval decision.

Once a decision is taken, biocidal products containing these active substances in the relevant product types will have to be removed from the NI market. HSE will provide separate updates on the decision and relevant phase-out periods.

If you are aware of any disproportionate negative effects that are likely to arise from the non-approval of any of the active substance/product type combinations listed above, please contact HSE (GB).