Treated articles

The Biocidal Products Regulation (BPR) sets rules for the use of articles treated with, or intentionally incorporating, one or more biocidal products.

According to the regulation, articles can only be treated with biocidal products containing active substances approved in the EU. This is a change from the Biocidal Products Directive (repealed by the BPR from 1 September 2013), where articles imported from third countries could be treated with substances not approved in the EU – such as, sofas and shoes containing DMF.

Companies must also be ready to provide the consumers with information about the biocidal treatment of the article they are selling. If a consumer requests information about a treated article, the supplier must provide it free of charge within 45 days.

Labelling of treated articles

Manufacturers and importers of treated articles need to ensure that products are labelled according to both the regulation on Classification, Labelling and Packaging and the additional requirements defined by the Biocidal Products Regulation.

The Biocidal Products Regulation (BPR) requires manufacturers and importers of treated articles to label treated articles when: 

  1. a claim that the treated article has biocidal properties is made
     
  2. it is required in the conditions of the approval of the active substance contained in the biocidal product used to treat the article

The labels need to be easily understandable and visible for consumers.

Transitional measures for treated articles

The Biocidal Products Regulation (BPR) provides for a number of measures to facilitate the transition from the system of the Biocidal Products Directive (BPD) to the new regulation.

From 1 September 2013, the active substances contained in a biocidal product used in the treatment of the treated articles, have to be either already approved or under evaluation for the relevant product-type.

For active substances which are not yet in the approval process, there is a transition period until 1 September 2016. In order to continue to place it on the market, the company will need to submit a complete application dossier on the active substance by that date. The active substance dossier must include data on the relevant product-type.

After 1 March 2017 it will not be possible any more to place on the EU market articles treated with a biocidal product (or intentionally incorporating a biocidal product) containing an active substance which is not already approved, listed in Annex I, under evaluation or for which a complete application dossier was not submitted for the relevant product-type by 1 September 2016.

If the active substance is not approved for the relevant product-type, articles which were treated or incorporated a biocidal product containing this active substance should no longer be placed on the market as from 180 days from the decision of non-approval on the active substance.