Stay on the market with your biocidal product after 1 September 2015

Stay on the market with your biocidal product after 1 September 2015

From 1 September 2015, a biocidal product consisting of, containing, or generating a relevant substance, cannot be made available on the EU market if the substance supplier or product supplier is not included in the Article 95 list for the product type(s) to which the product belongs. An updated guidance is now available. 

ECHA/NA/14/54

Helsinki, 10 December 2014 – ECHA reminds all companies producing or marketing biocidal products to make sure that their substance or product suppliers are added to the Article 95 list under the Biocidal Products Regulation.
From 1 September 2015 onwards, a biocidal product consisting of, containing, or generating a relevant substance, cannot be made available on the EU market unless the substance supplier or product supplier is included in the list for the product type(s) to which the product belongs.

To make sure that the product stays legally on the market, companies need to:

• Ensure within their supply chain that either a substance supplier or product supplier in the supply chain applies to be on the Article 95 list.
• Start their preparations in time, especially for data-sharing negotiations.
• Submit the application in time to allow ECHA to assess it by 1 September 2015.
• Allow sufficient time to cover the need to provide additional data if the ECHA draft decision is negative.

The guidance on active substances and suppliers has also been updated. It explains the obligations for companies in light of the revisions to Article 95 which came into force on 25 April 2014.

Furthermore, the Guidance now explains how active substances generated in situ should be dealt with, and how Article 95 submissions can be made by consortia. The update also provides further clarification on several sections, in particular on information requirements for Article 95 applications and on ECHA's process for updating the Article 95 list.