This topic area will help you identify biocides and work out whether your products are affected by the laws that govern them.
Latest information for businesses regarding Brexit is available at the following link:
HSE will continue to deliver Competent Authority functions for Northern Ireland for biocides following the end of the Transition Period. Businesses wishing to make a biocidal product available on the GB market should submit their applications following the guidance provided on the HSE (GB) website. This guidance can be viewed at the following link:
Businesses who want to make a biocidal product available on the NI market should until further guidance is provided, contact HSE (GB) at the following email address:
Enquiries regarding applications under the Control of Pesticides Regulations (COPR): firstname.lastname@example.org
Enquiries regarding applications under the EU Biocides Products Regulations (EU BPR) soon to be GB BPR: email@example.com
Other Biocides Enquiries: firstname.lastname@example.org
EU public consultation: Derogation to the exclusion criteria - Creosote
Biocidal active substances and products in Northern Ireland are still regulated under the EU Biocides Regulation 528/2012 (EU BPR).
If an active substance meets the exclusion criteria set out in Article 5 (1) of the EU BPR, it normally would not be approved for use in biocidal products in the EU (which includes Northern Ireland but not Great Britain). However, the active substance could receive a derogation under Article 5 (2) of the EU BPR when it is shown that:
- exposure is negligible;
- the active substance is essential to prevent a serious danger to human or animal health or the environment; or
- not approving the substance would have a disproportionate negative impact on society compared to the risks
A derogation would allow the active substance to be approved for use in biocidal products in the EU (including Northern Ireland).
The following active substance / product type combination meets the EU BPR Article 5 (1) exclusion criteria in the EU:
- Creosote (CAS No. 8001-58-9) for product-type 8 (wood preservatives)
To decide if this active substance approval may be renewed or not in the EU (including Northern Ireland), the European Chemicals Agency (ECHA) has launched a public consultation to collect information on whether the conditions for derogation are satisfied:
This EU consultation runs until 30 March 2021.
Comments should be submitted to ECHA (not HSE) using the following dedicated web form:
Please note this consultation and its outcome are not applicable to the active substance approval (and biocidal products containing it) in Great Britain under the GB Biocidal Products Regulations (GB BPR).
Biocides Stakeholder Event
HSE (GB) and (DEFRA) have hosted virtual stakeholder events covering actions businesses need to take when the UK Transition ends and how the new GB regulatory regime for chemicals may impact their work.
To view the virtual Biocides Stakeholder Event, please see the following Youtube link:
HSE biocides fact sheets
This guidance contains a series of fact sheets for businesses that want to gain, or maintain, access to the GB market after 31 December 2020. Each fact sheet addresses a different scenario and clearly presents what action you need to take, when you need to do it, and the consequences if you don’t. Click on the link below to view: